Source · Select Committees · Home Affairs Committee
Recommendation 46
46
Accepted
Paragraph: 156
Examine Windrush cases to assess fair application of 'balance of probabilities' standard of proof.
Recommendation
We are not yet convinced that the Home Office has done enough to embed a light touch approach to evidence: for example, we note that the revised caseworker guidance provides no detail as to what the changes made to the standard of proof in October 2020 mean in practice. We urge Ministers and senior officials to examine a sample of individual cases to understand how the ‘on the balance of probabilities’ standard of proof is being applied and to establish what further training and guidance is needed to ensure a fair and empathetic approach to the use of evidence. While it is encouraging that the Home Office has launched the new Ethical Decision-making Model, in its response to this report the Department must clarify how it intends to embed and monitor the performance of the new model within the compensation team. The Department should provide regular updates to this Committee on issues raised by decision-makers and how these are being resolved.
Government response summary AI-generated
The government describes its existing two-stage independent review process for claims, stating that recommendations from the Adjudicator’s Office (Tier 2) are normally accepted and implemented, with disagreements reported to the Oversight Board.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
156
Government Response
Accepted
HM Government · verbatim extract
Accepted
Changes made regarding standard of proof have been embedded across the case working operation. This has been delivered through workshops between operational and policy colleagues where case studies are considered and the approach discussed. This is designed to build capability amongst staff and ensure consistency in the decision making process. It also forms the basis of training for new staff members. Feedback is given to case workers by the Quality Assurance Team. This team hold regular case conferences to discuss issues, themes and analyse any trends that have been identified. The aim is to ensure the highest possible award can be given to the customer. Where a case worker feels that there is any inconsistency in the advice given, an independent escalation process has been put in place to resolve issues. Our Tier 1 reviewers provide feedback directly to both case workers and quality assurance team members. A review forum for both Tier 1 and 2 cases is also held, so lessons can be learned on recommendations made, and any errors can be addressed. Tier 2 review by the Adjudicator’s Office which is independent from the Home Office already follows the Ethical Decision-making Model.
Read the full response on Parliament ↗