Recommendations & Conclusions
38 items
1
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We are deeply concerned that, as of the end of September, only 20.1% of the initially estimated 15,000 eligible claimants have applied to the scheme and only 5.8% have received any compensation. The troublingly low level of applications and payments are evidence enough that the scheme has not worked as …
Read more
We are deeply concerned that, as of the end of September, only 20.1% of the initially estimated 15,000 eligible claimants have applied to the scheme and only 5.8% have received any compensation. The troublingly low level of applications and payments are evidence enough that the scheme has not worked as intended. It is even more distressing that twenty-three people have died before receiving any Windrush compensation payment.
Show less
Government response AI summary
The government highlights improvements made to the scheme since December 2020 and states it will consider any further recommendations once received from Wendy Williams' ongoing review of the Windrush Lessons Learned Review.
Read full response →
Home Office
2
Recommendation
Fifth Report - The Windrush Compensatio…
Deferred
Many people who have applied for compensation have yet to receive a penny and we have heard too many stories of people struggling with impossible demands for evidence, poor communication from the Home Office and a lack of understanding of the issues they faced. For some, the experience of applying …
Read more
Many people who have applied for compensation have yet to receive a penny and we have heard too many stories of people struggling with impossible demands for evidence, poor communication from the Home Office and a lack of understanding of the issues they faced. For some, the experience of applying for compensation from the Home Office has become a source of further trauma rather than redress. Many of the concerns raised with us about the Windrush Compensation Scheme as part of this inquiry have echoes of the same criticisms made of the Home Office by Wendy Williams in her report into how the Windrush scandal occurred. It is a damning indictment of the Home Office that the design and operation of this scheme contained the same bureaucratic insensitivities that led to the Windrush scandal in the first place, and suggests that the culture change promised in the wake of the scandal has not yet occurred. We are deeply concerned that delays and difficulties in the compensation scheme have compounded the injustices faced by members of the Windrush generation. As a result, we urge Wendy Williams to look at the compensation scheme as part of her review of the Home Office’s progress on her recommendations. (Paragraph 23) An unknown number of applicants
Show less
Government response AI summary
The government's response focuses on its revised planning assumption for the number of eligible claims, stating it now estimates between 4,000 and 6,000, without directly addressing the committee's concerns about the difficulties of the application process.
Read full response →
Home Office
3
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We are troubled that over four times as many people have had their status or citizenship confirmed under the Windrush Scheme as have applied for compensation, and we are concerned that the Home Office is lowering its estimates of the total number of potential claimants based on the low level …
Read more
We are troubled that over four times as many people have had their status or citizenship confirmed under the Windrush Scheme as have applied for compensation, and we are concerned that the Home Office is lowering its estimates of the total number of potential claimants based on the low level of applications rather than the number of those actually eligible for the compensation scheme. We share the NAO’s concern about the Department’s lack of curiosity concerning non-Caribbean cases and its failure to identify individuals proactively who have been granted status but have not applied for compensation.
Show less
Government response AI summary
The government's response argues against transferring the Windrush Compensation Scheme to another organisation, citing potential delays, hardship, and data security concerns, and highlights existing internal and external scrutiny mechanisms.
Read full response →
Home Office
7
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
It would have been far better for establishing trust if the compensation scheme had been administered independently from the Home Office from the start, as many Windrush campaigners have called for. By keeping the compensation scheme within the very Department that caused the Windrush scandal, the Government has undermined confidence …
Read more
It would have been far better for establishing trust if the compensation scheme had been administered independently from the Home Office from the start, as many Windrush campaigners have called for. By keeping the compensation scheme within the very Department that caused the Windrush scandal, the Government has undermined confidence in the scheme and also made it vulnerable to some of the same problems that characterised the Home Office approach to the Windrush generation in the first place.
Show less
Government response AI summary
The government explains that the Historical Cases Review was not intended to identify all affected individuals and argues against extending it further due to cost and inefficiency, stating efforts are instead focused on outreach and engagement.
Read full response →
Home Office
8
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
In order to increase trust and encourage more applicants, we believe that the scheme should be transferred to an independent organisation.
Government response AI summary
The government does not address the recommendation to transfer the scheme to an independent organisation, instead focusing on its ongoing outreach and engagement events, which have moved to digital platforms during the pandemic.
Read full response →
Home Office
12
Recommendation
Fifth Report - The Windrush Compensatio…
Deferred
We welcome the recent publication of data on full and final offers. The Home Office should publish this data at least every six months; it should also publish data on the number of full and final impact on life payments made at each level of award. (Paragraph 43) Proactively identifying …
Read more
We welcome the recent publication of data on full and final offers. The Home Office should publish this data at least every six months; it should also publish data on the number of full and final impact on life payments made at each level of award. (Paragraph 43) Proactively identifying those affected
Show less
Government response AI summary
The government's response focuses on its past and ongoing outreach and engagement efforts to various communities, including evaluation of these initiatives, rather than addressing the recommendation to publish specific data on full and final compensation offers.
Read full response →
Home Office
14
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
All those who received help from the Windrush Scheme to get their papers and documentation resolved should have been contacted and offered help with applying for the Windrush Compensation Scheme.
Government response AI summary
The government commits to rapidly expanding the Compensation Scheme team to increase casework capacity and speed up claim processing, but does not address the recommendation to proactively contact specific individuals who received help with documentation to offer compensation application support.
Read full response →
Home Office
15
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should clarify how many of those 13,800 people were proactively contacted and offered support to apply for compensation as well. It should contact them again to ensure they have full information about the changes to the compensation scheme and the help available to apply.
Read more
The Home Office should clarify how many of those 13,800 people were proactively contacted and offered support to apply for compensation as well. It should contact them again to ensure they have full information about the changes to the compensation scheme and the help available to apply.
Show less
Government response AI summary
The government provides statistics on applications and offers made, and states it has changed its monthly transparency data publication to include more detail on offers and case age. However, it does not clarify how many of the 13,800 people were previously contacted or commit to …
Read full response →
Home Office
16
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should also explain clearly how it has considered and is seeking to mitigate any risks it identified when making the decision not to broaden the scope of its historical cases review, including but not limited to the risk of failing to identify non-Caribbean Commonwealth nationals who may …
Read more
The Home Office should also explain clearly how it has considered and is seeking to mitigate any risks it identified when making the decision not to broaden the scope of its historical cases review, including but not limited to the risk of failing to identify non-Caribbean Commonwealth nationals who may have been wrongly detained and/ or removed, or whose data may have been proactively shared with other government departments. The Home Office has stated that widening the scope of the historical cases review would take a ‘substantial number of caseworkers around two years to review at a significant cost’. Without being provided a precise estimate of what that cost would be, we cannot accept that as a reasonable justification for not widening the scope of the review as suggested by the Public Accounts Committee and by Wendy Williams in her Lessons Learned Review. The Home Office must share its estimate of the cost and caseworkers required. (Paragraph 51) The impact of covid-19 on engagement events
Show less
Government response AI summary
The government states the Windrush Compensation Scheme is open for applications and that it is unable to directly identify individuals who have not made contact, thereby sidestepping the request to explain risk mitigation for not broadening the historical cases review and declining to provide cost …
Read full response →
Home Office
17
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We share claimants’ and their representatives’ concerns that digital engagement events and advertising may be less effective in reaching this cohort.
Government response AI summary
The government provides an extensive list of improvements made to the Windrush Compensation Scheme since December 2020, including increased award values, simplified processes, and funded claimant assistance, but does not directly address the committee's concern about the effectiveness of digital engagement events.
Read full response →
Home Office
18
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
As restrictions are lifted, planning and preparations must commence to ensure that the Department is ready to launch a new and extensive programme of face-to-face engagement events as soon as it is safe to do so. (Paragraph 59) 90 The Windrush Compensation Scheme Grassroots campaign
Read more
As restrictions are lifted, planning and preparations must commence to ensure that the Department is ready to launch a new and extensive programme of face-to-face engagement events as soon as it is safe to do so. (Paragraph 59) 90 The Windrush Compensation Scheme Grassroots campaign
Show less
Government response AI summary
The government outlines a package of support for individuals claiming on behalf of deceased relatives, including reimbursement of probate fees and legal advice costs, but does not address the recommendation to plan for new face-to-face engagement events as restrictions lift.
Read full response →
Home Office
20
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should look at more innovative ways of reaching communities, for instance video guides.
Government response AI summary
The government states it has introduced a direct referral to We Are Digital for claimant assistance and monitors this support, but does not address the recommendation to explore more innovative ways of reaching communities, such as video guides.
Read full response →
Home Office
23
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
When individuals apply for the Windrush Compensation Scheme, the Department should collect data on how they heard about it. This would allow for proper evaluation of their outreach work and help decide where more resources should be targeted. (Paragraph 69) Reaching all affected communities
Read more
When individuals apply for the Windrush Compensation Scheme, the Department should collect data on how they heard about it. This would allow for proper evaluation of their outreach work and help decide where more resources should be targeted. (Paragraph 69) Reaching all affected communities
Show less
Government response AI summary
The government response details the internal processes for embedding changes to the standard of proof, including staff training, quality assurance, case conferences, and independent review mechanisms, without addressing the recommendation to collect data on how claimants heard about the scheme.
Read full response →
Home Office
25
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Given that the Windrush Compensation Scheme was set up to right the wrongs done by the Home Office to a predominantly older generation, many of whom had suffered considerable hardship as a result, there should have been a clear focus from the start on ensuring that compensation could be paid …
Read more
Given that the Windrush Compensation Scheme was set up to right the wrongs done by the Home Office to a predominantly older generation, many of whom had suffered considerable hardship as a result, there should have been a clear focus from the start on ensuring that compensation could be paid as swiftly and smoothly as The Windrush Compensation Scheme 91 possible. It is therefore staggering that the Home Office first failed adequately to prepare for, resource and staff the Windrush Compensation Scheme before opening it for applications, and then failed again to monitor the performance of the scheme sufficiently and to identify the cause of the delays. The complex nature of the impacts suffered by those affected was evident both in the extensive media coverage of the scandal and in responses to the Home Office’s own public consultation on the design of the scheme: that the complexity of applications it received seemingly took the Department by surprise is incomprehensible. It has taken far too long for the Department to accept that greater increases to the number of caseworkers were required. We consider that the long waits faced by claimants were not inevitable and believe the Home Office must accept responsibility for its part in causing these delays.
Show less
Government response AI summary
The government response details the "Impact on Life" compensation category, explaining its payment levels from £10,000 to over £100,000, the minimum £10,000 payment introduced by recent changes, and the public availability of casework guidance. It does not address the delays or operational failings highlighted in …
Read full response →
Home Office
26
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We welcome the reviews the Department is now undertaking to get to grips with the application and casework process and the plans to increase casework capacity further. However, we believe it has taken far too long for this to happen given the concerns—such as the evidential requirements of the scheme—which …
Read more
We welcome the reviews the Department is now undertaking to get to grips with the application and casework process and the plans to increase casework capacity further. However, we believe it has taken far too long for this to happen given the concerns—such as the evidential requirements of the scheme—which have been raised repeatedly since it opened. We are concerned that the Home Office failed to meet its August milestone and consider that it will struggle to make adequate progress unless it takes significant action and takes it very quickly.
Show less
Government response AI summary
The government explains its approach to using medical evidence in decision-making, stating that it does not routinely seek expert medical advice to avoid delays and that it is committed to establishing a process for customers to obtain expert medical evidence on their own behalf.
Read full response →
Home Office
27
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office must build on the work of the NAO and undertake a comprehensive analysis of its current workflow system to identify precisely where and why bottlenecks, backward steps, inefficient processes and slow decisions are occurring. It must interrogate these findings rigorously and be prepared to act swiftly and …
Read more
The Home Office must build on the work of the NAO and undertake a comprehensive analysis of its current workflow system to identify precisely where and why bottlenecks, backward steps, inefficient processes and slow decisions are occurring. It must interrogate these findings rigorously and be prepared to act swiftly and boldly to address causes of delay, including updates to caseworker training and guidance and, where necessary, the scheme rules.
Show less
Government response AI summary
The government explains its calculation method for loss of employment compensation, including pegging the tariff to the 2017 National Living Wage, and states that arrangements are being finalised across government to correct National Insurance positions for State Pension entitlement.
Read full response →
Home Office
28
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Department must act urgently to improve its performance management information and clarify its casework capacity and staffing needs, ensuring that casework capacity is expanded as quickly as possible. The Department should share its findings and the actions it is taking to address them with this Committee. It should provide …
Read more
The Department must act urgently to improve its performance management information and clarify its casework capacity and staffing needs, ensuring that casework capacity is expanded as quickly as possible. The Department should share its findings and the actions it is taking to address them with this Committee. It should provide an initial response within two months of the publication of this report and further updates after four months and six months. (Paragraph 91) The introduction of a preliminary impact on life award
Show less
Government response AI summary
The government explains that caseworkers are trained to holistically assess claims, accepting various forms of information like impact statements, and that compensation is not declined solely due to a lack of documentation.
Read full response →
Home Office
29
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should clarify what progress it made on processing cases submitted prior to 14 December 2020 between 14 December 2020 and 31 March 2021; additionally, going forwards, the scheme data it publishes monthly should include: the number of offers made; whether offers are interim, preliminary or final, and …
Read more
The Home Office should clarify what progress it made on processing cases submitted prior to 14 December 2020 between 14 December 2020 and 31 March 2021; additionally, going forwards, the scheme data it publishes monthly should include: the number of offers made; whether offers are interim, preliminary or final, and the number of claims that have been in the scheme for a) 6–12 months, b) 12 to 18 months, c) 18 to 24 months and d) longer than 24 months.
Show less
Government response AI summary
The government states it is reviewing its approach to payments made by claimants seeking to prove lawful status through charged immigration applications, without addressing the request for specific scheme data and progress metrics.
Read full response →
Home Office
30
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Whilst we strongly welcome the introduction of the preliminary payment for impact on life, we are disappointed by the Home Office’s estimate that only 40–50% of claimants will benefit from it. It is right that the Home Office created a mechanism to accelerate payments in light of unacceptable delays, but …
Read more
Whilst we strongly welcome the introduction of the preliminary payment for impact on life, we are disappointed by the Home Office’s estimate that only 40–50% of claimants will benefit from it. It is right that the Home Office created a mechanism to accelerate payments in light of unacceptable delays, but these preliminary awards 92 The Windrush Compensation Scheme clearly do not go far enough. The Windrush generation are an ageing cohort and too many individuals have already died without receiving compensation for the hardship they endured. This must not happen again.
Show less
Government response AI summary
The government refers the Committee to its response for recommendation 29, thereby avoiding addressing the substance of this recommendation concerning the adequacy and scope of preliminary payments for impact on life.
Read full response →
Home Office
31
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should provide the preliminary £10,000 impact on life award to all those the Department has previously acknowledged were wrongly subjected to immigration enforcement measures or were wrongly denied proof of their lawful status as a result of the Windrush scandal. The award should be issued irrespective of …
Read more
The Home Office should provide the preliminary £10,000 impact on life award to all those the Department has previously acknowledged were wrongly subjected to immigration enforcement measures or were wrongly denied proof of their lawful status as a result of the Windrush scandal. The award should be issued irrespective of whether the claimant can evidence harm or financial losses caused by the Home Office’s failure to ensure that individuals could demonstrate their lawful status; it should be made in recognition of the Department’s appalling treatment of the Windrush generation when it lost sight of this cohort and in recognition of the fact that many of those affected are part of an ageing generation that has contributed heavily to this country, but that cannot wait many years for compensation to be calculated. The £10,000 should be paid within two months and any further calculated compensation entitlement must follow.
Show less
Government response AI summary
The government's response focuses on compensating legal fees up to £500 for immigration applications, rather than addressing the recommendation for a preliminary £10,000 impact on life award.
Read full response →
Home Office
36
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Claimants facing long delays deserve to know where their claim is in the process and to understand what progress has been and is currently being made on their claim. Updates should be substantive and all communications must maximise opportunities to make further progress. (Paragraph 111) Changes to the application form …
Read more
Claimants facing long delays deserve to know where their claim is in the process and to understand what progress has been and is currently being made on their claim. Updates should be substantive and all communications must maximise opportunities to make further progress. (Paragraph 111) Changes to the application form and guidance
Show less
Government response AI summary
The government's response clarified how awards are decided for individuals wrongly prevented from returning to the UK, stating that published rules and guidance apply, but did not address the recommendation for substantive updates and communication on claim progress.
Read full response →
Home Office
38
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Reissuing the claim form guidance in plain English is a welcome first step in improving the application process, but the Department must continually be aware that the demands of this form may still represent a significant challenge to this cohort, many of whom may be vulnerable. As we were told …
Read more
Reissuing the claim form guidance in plain English is a welcome first step in improving the application process, but the Department must continually be aware that the demands of this form may still represent a significant challenge to this cohort, many of whom may be vulnerable. As we were told by Garden Court Chambers, “plain language does not always equate to ease of access”. The Home Office must also address the adequacy of support available to claimants in completing their application.
Show less
Government response AI summary
The government's response detailed its policy on how severe criminal behaviour affects compensation eligibility and the reduction or denial of 'Impact on Life' awards, entirely unrelated to the recommendation about application support.
Read full response →
Home Office
41
Recommendation
Fifth Report - The Windrush Compensatio…
Deferred
We urge the Home Office to enable We Are Digital to book as many additional support sessions for claimants as are needed and to monitor feedback from claimants carefully to ensure any gaps in support are identified. We believe that the service provided by We Are Digital should complement rather …
Read more
We urge the Home Office to enable We Are Digital to book as many additional support sessions for claimants as are needed and to monitor feedback from claimants carefully to ensure any gaps in support are identified. We believe that the service provided by We Are Digital should complement rather than replace specialist legal support. (Paragraph 131) Calls for legal assistance
Show less
Government response AI summary
The government response focuses on existing urgent financial support processes and plans to support further training for caseworkers to gather information more efficiently, but does not address enabling 'We Are Digital' for additional support sessions or ensuring the service complements legal support.
Read full response →
Home Office
42
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
There are strong arguments for facilitating access to legal advice for people who wish to seek help with their claim. Having access to funded legal representation may help more people to feel confident accessing and engaging with the scheme. It would also facilitate a greater number of comprehensive, well-ordered claims …
Read more
There are strong arguments for facilitating access to legal advice for people who wish to seek help with their claim. Having access to funded legal representation may help more people to feel confident accessing and engaging with the scheme. It would also facilitate a greater number of comprehensive, well-ordered claims which can be processed more efficiently by caseworkers.
Show less
Government response AI summary
The government response discusses the cap-less nature of Urgent and Exceptional Payments and updated guidance on information sharing for these payments, but does not address the recommendation for facilitating access to funded legal representation for claimants.
Read full response →
Home Office
43
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We do not believe that the limited service provided by We Are Digital is sufficient to obviate the need for specialist legal advice. We therefore urge the Home Office to introduce new arrangements to ensure that everyone who wishes to access legal assistance with their claim is able to do …
Read more
We do not believe that the limited service provided by We Are Digital is sufficient to obviate the need for specialist legal advice. We therefore urge the Home Office to introduce new arrangements to ensure that everyone who wishes to access legal assistance with their claim is able to do so. The Home Office should consider the following options as part of its review: • Extending the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to include work done under the Windrush Compensation Scheme and waiving means testing for this work; • Establishing an approved panel of legal firms and professionals, with a funding scheme to provide payment for their services to claimants; 94 The Windrush Compensation Scheme • Agreeing a tariff payment for legal costs to be reimbursed to claimants. The payment should reflect the level of support the claimant required, for example whether they requested a review; • Establishing and maintaining a dedicated fund for organisations to provide free legal assistance to claimants. (Paragraph 140) Evidential requirements
Show less
Government response AI summary
The government response details the Urgent and Exceptional Payments policy, its publication, and the update to decision letters to clarify that such payments may be deducted from future compensation awards, but does not address the need for new arrangements for legal assistance.
Read full response →
Home Office
44
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We agree with Mr Forde that the higher standard of proof had no place in this scheme: its inclusion has damaged trust significantly and demonstrates a serious lack of understanding by the Home Office as to what caused the Windrush scandal in the first place. We are deeply concerned that, …
Read more
We agree with Mr Forde that the higher standard of proof had no place in this scheme: its inclusion has damaged trust significantly and demonstrates a serious lack of understanding by the Home Office as to what caused the Windrush scandal in the first place. We are deeply concerned that, despite warnings from Wendy Williams and its then independent adviser, the Home Office has persisted in placing an undue burden on claimants to provide documentary evidence of the losses they suffered. This indicates a continued failure by the Department to learn the lessons from the Windrush scandal. It also reinforces our recommendation that the Windrush Compensation Scheme should be considered as part of Wendy Williams’ review of the Home Office’s progress on her recommendations (see paragraph 23).
Show less
Government response AI summary
The government commits to working with data colleagues to publish Urgent and Exceptional Payment and Vulnerable Persons Team data, and will consider formalising customer feedback capture and clarifying the team's work, but does not address the issues of the higher standard of proof, undue burden, …
Read full response →
Home Office
47
Recommendation
Fifth Report - The Windrush Compensatio…
Deferred
Given the concerns about the Department’s understanding of the eligible cohort and the difficulties with obtaining documentary evidence, in the interest of transparency we further recommend that the Home Office urgently publishes its equalities impact assessment for the Windrush Compensation Scheme. (Paragraph 157) Impact on life
Read more
Given the concerns about the Department’s understanding of the eligible cohort and the difficulties with obtaining documentary evidence, in the interest of transparency we further recommend that the Home Office urgently publishes its equalities impact assessment for the Windrush Compensation Scheme. (Paragraph 157) Impact on life
Show less
Government response AI summary
The government response outlines its existing two-stage review process for compensation claims and clarifies the criteria for preliminary payments, but does not address the recommendation to publish the equalities impact assessment for the scheme.
Read full response →
Home Office
54
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Windrush Lessons Learned Review demonstrates the difficulties the Windrush generation faced when trying to navigate the immigration system. The exclusion of some immigration applications from the Windrush Compensation Scheme unfairly penalises individuals who have incurred considerable losses through making immigration applications in good faith to try and resolve the …
Read more
The Windrush Lessons Learned Review demonstrates the difficulties the Windrush generation faced when trying to navigate the immigration system. The exclusion of some immigration applications from the Windrush Compensation Scheme unfairly penalises individuals who have incurred considerable losses through making immigration applications in good faith to try and resolve the difficulty they faced with demonstrating their lawful status.
Show less
Government response AI summary
The government is reviewing its approach to compensating payments made by claimants for charged immigration applications used to prove lawful status.
Read full response →
Home Office
55
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Claimants should be entitled to receive compensation for any immigration application they made whilst seeking documentation to prove their lawful status.
Government response AI summary
The government is reviewing its policy regarding payments made by claimants for charged immigration applications while seeking to prove lawful status.
Read full response →
Home Office
56
Recommendation
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office should review its decision not to refund any claimants for past fees paid for successful citizenship and Indefinite Leave to Remain.
Government response AI summary
The government is reviewing its approach to payments made by claimants seeking to prove their lawful status through charged immigration applications, which would encompass past fees for successful citizenship and Indefinite Leave to Remain.
Read full response →
Home Office
59
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The Home Office appears to be applying an unduly narrow definition of homelessness which fails to consider the circumstances in which some members of the Windrush generation found themselves.
Government response AI summary
The government states it is reviewing its definition of homelessness and clarifies that claimants are currently not precluded from awards in this category if staying with family and friends.
Read full response →
Home Office
61
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We are concerned that the number of claims submitted under the discretionary category may indicate a disparity between the Home Office’s intention for this provision and claimants’ understanding of the purpose of this aspect of the Scheme.
Government response AI summary
The government explains the purpose of the discretionary category and states that it will be reviewed, with updates to be provided.
Read full response →
Home Office
63
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We are further concerned by the lack of clarity for claimants as to the circumstances in which they can apply for a discretionary award. It is also not clear why claimants appear to have been required in practice to meet different evidential requirements for this category of claim.
Read more
We are further concerned by the lack of clarity for claimants as to the circumstances in which they can apply for a discretionary award. It is also not clear why claimants appear to have been required in practice to meet different evidential requirements for this category of claim.
Show less
Government response AI summary
The government states the discretionary category of the scheme will be reviewed, and updates will be provided, acknowledging the committee's concern about clarity.
Read full response →
Home Office
68
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
Whilst we welcome the changes that have been made to the mitigation policy over time, we have been unable to get clarity about how this policy is working in practice now. We agree with Mr Forde that it was not appropriate to include rules on mitigation of loss in this …
Read more
Whilst we welcome the changes that have been made to the mitigation policy over time, we have been unable to get clarity about how this policy is working in practice now. We agree with Mr Forde that it was not appropriate to include rules on mitigation of loss in this compensation scheme and we are disappointed that the Government chose to reject his advice. The more rigid requirements placed on individuals by the initial mitigation policy have damaged trust and confidence in the Home Office’s willingness to understand the impact of its policies on the members of the Windrush generation.
Show less
Government response AI summary
The government states it continues to listen to stakeholder feedback regarding mitigation of loss rules and commits to reviewing these rules.
Read full response →
Home Office
70
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We believe that rules on mitigation of loss are not appropriate for a compensation scheme of this nature: the Home Office should lift any remaining mitigation requirements. (Paragraph 230) Criminality
Government response AI summary
The government states it continues to listen to feedback on mitigation rules and commits to reviewing them, but does not commit to lifting the remaining mitigation requirements as recommended.
Read full response →
Home Office
79
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
We welcome the creation of a Vulnerable Persons Team to help claimants navigate difficult conversations with government departments and solve their cases. However, we are deeply concerned by reports that the team is failing to treat vulnerable applicants sensitively and, in some cases, further distressing vulnerable individuals through poor customer …
Read more
We welcome the creation of a Vulnerable Persons Team to help claimants navigate difficult conversations with government departments and solve their cases. However, we are deeply concerned by reports that the team is failing to treat vulnerable applicants sensitively and, in some cases, further distressing vulnerable individuals through poor customer service and a lack of clarity about what it can achieve.
Show less
Government response AI summary
The government commits to publishing Urgent and Exceptional Payment and Vulnerable Persons Team data, and states it will consider how to formalise customer feedback and more clearly articulate the team's work to customers.
Read full response →
Home Office
86
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The treatment of the Windrush generation by successive governments and the Home Office was truly shameful. No amount of compensation could ever repay the fear, the humiliation and the hurt that was caused both to individuals and to communities affected. This was a grave betrayal; lessons must be learnt by …
Read more
The treatment of the Windrush generation by successive governments and the Home Office was truly shameful. No amount of compensation could ever repay the fear, the humiliation and the hurt that was caused both to individuals and to communities affected. This was a grave betrayal; lessons must be learnt by all.
Show less
Government response AI summary
The government notes that over £38 million has been paid or offered through the Compensation Scheme and an overhaul has improved payments. It defers further action or consideration of lessons learned to Wendy Williams' ongoing review of the Home Office's progress in implementing the Windrush …
Read full response →
Home Office
87
Conclusion
Fifth Report - The Windrush Compensatio…
Deferred
The purpose of the Windrush Compensation Scheme is to ensure that those who have suffered loss due to their inability to demonstrate their lawful status can receive the maximum amount of compensation to which they are entitled and to right some of the wrongs done by the Home Office. That …
Read more
The purpose of the Windrush Compensation Scheme is to ensure that those who have suffered loss due to their inability to demonstrate their lawful status can receive the maximum amount of compensation to which they are entitled and to right some of the wrongs done by the Home Office. That is what makes it so deeply troubling that the Home Office’s handling of claims has repeated the same mistakes which lead to the Windrush scandal in the first place. Those who apply face a daunting application process without adequate support; they face unreasonable requests for evidence; they are left in limbo in the midst of inordinate delays. Too often, injustice has been compounded rather than compensated. This is unacceptable and must not continue.
Show less
Government response AI summary
The government highlights improvements made to the Compensation Scheme since December 2020, including increased payouts. It states that Wendy Williams is reviewing the Home Office's progress and will consider further recommendations once received, deferring action on the systemic issues raised.
Read full response →
Home Office