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
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.
Paragraph Reference:
156
Government Response
Accepted
HM Government
Accepted
We have a two-stage independent review process for claims. Tier 1 reviews are conducted by dedicated staff who will not have played any role in assessing the claim prior to the review. If a claimant wishes to contest the outcome of this review, they may request a Tier 2 review which is conducted by the Adjudicator’s Office. Recommendations to us from the Adjudicator’s Office are normally accepted and implemented. Should it arise that we disagree we would inform the Oversight Board which oversees the Scheme and includes the Independent Adviser to the Scheme – Martin Levermore.