Recommendations & Conclusions
5 items
50
Conclusion
Fifth Report - The Windrush Compensatio…
Accepted in Part
Given that the Home Office has yet to use its capacity to seek expert medical advice to support determinations on these complex awards, it should be open to claimants to be able to request expert medical advice if they are seeking a higher level award and in particular as part …
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Given that the Home Office has yet to use its capacity to seek expert medical advice to support determinations on these complex awards, it should be open to claimants to be able to request expert medical advice if they are seeking a higher level award and in particular as part of the review process if they dispute their level of award. (Paragraph 177) Loss of access to employment
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Government response AI summary
The government uses medical evidence provided by or on behalf of applicants but does not routinely seek its own expert medical advice; however, it commits to setting out a process for claimants to obtain expert medical evidence on their own behalf where appropriate.
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Home Office
62
Conclusion
Fifth Report - The Windrush Compensatio…
Accepted in Part
The Home Office should clarify the basis upon which it drafted the rules and guidance on the discretionary award. (Paragraph 213) The Windrush Compensation Scheme 97
Government response AI summary
The government clarifies that the discretionary category was designed to cover financial losses not captured elsewhere, and states the scheme will be reviewed with updates provided, partially addressing the request for clarification on its drafting basis.
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Home Office
67
Recommendation
Fifth Report - The Windrush Compensatio…
Accepted in Part
We call on the Home Office to explain how awards across all categories of claim are determined for individuals who were unable to return to the UK, including those unable to return for multiple decades, and to introduce a tariff payment specifically to compensate individuals who were unable to return …
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We call on the Home Office to explain how awards across all categories of claim are determined for individuals who were unable to return to the UK, including those unable to return for multiple decades, and to introduce a tariff payment specifically to compensate individuals who were unable to return to the UK. (Paragraph 219) Mitigation of loss
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Government response AI summary
The government explained that awards for individuals unable to return to the UK are determined using existing scheme rules and guidance, primarily through the Impact on Life category, and confirmed such compensation has been paid. However, it did not commit to introducing a specific tariff …
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Home Office
75
Conclusion
Fifth Report - The Windrush Compensatio…
Accepted in Part
The Home Office and consecutive Home Secretaries have acknowledged and apologised for the losses faced by the Windrush generation as a result of failings within the Department, yet that acceptance has not translated into quick and adequate compensation, even where individuals are facing urgent or exceptional hardship. In order to …
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The Home Office and consecutive Home Secretaries have acknowledged and apologised for the losses faced by the Windrush generation as a result of failings within the Department, yet that acceptance has not translated into quick and adequate compensation, even where individuals are facing urgent or exceptional hardship. In order to rectify this, the Home Office should reduce the bureaucratic burden placed on applicants for urgent and exceptional support, in recognition of the fact that a prohibitively high standard of proof and limited interpretation of ‘urgent’ and ‘exceptional’ hardship will result in delays and rejections for those in desperate situations through no fault of their own. Caseworkers should be directed to take a broader, more sympathetic approach when interpreting whether circumstances are urgent or exceptional, with particular attention paid to those struggling with debts and arrears they have accrued because of their inability to demonstrate their lawful status. (Paragraph 249) The Windrush Compensation Scheme 99
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Government response AI summary
The government outlines its existing process for urgent financial support, describes it as light-touch, and commits to providing further training for caseworkers and the Help Team to improve clarity for claimants in providing information for faster support.
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Home Office
80
Recommendation
Fifth Report - The Windrush Compensatio…
Accepted in Part
We are disappointed that the Home Office has yet to resume routine publication of data relating to the support in urgent and exceptional circumstances policy and the work of the Vulnerable Persons Team. This information must be published regularly. We also recommend that adequate feedback processes are put in place …
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We are disappointed that the Home Office has yet to resume routine publication of data relating to the support in urgent and exceptional circumstances policy and the work of the Vulnerable Persons Team. This information must be published regularly. We also recommend that adequate feedback processes are put in place to ensure a good quality of service is provided by the Vulnerable Persons Team. We call on the Home Secretary and the Permanent Secretary to review the operation of the Vulnerable Persons Team, including the guidance they follow and the sensitivity of the support offered. We also call on Wendy Williams to look at the team as part of her review. (Paragraph 262) The review process
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Government response AI summary
The government commits to publishing Urgent and Exceptional Payment and Vulnerable Persons Team data. However, it states it will only consider formalising customer feedback processes and does not address the calls for the Home Secretary, Permanent Secretary, or Wendy Williams to review the team's operation.
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Home Office