Select committee: Home Affairs Committee
Recommendation 52
Fifth Report - The Windrush Compensation Scheme
Published 24 Nov 2021
Paragraph 192
Addressed to Home Office
Home Affairs Committee The Windrush Compensation Scheme All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We recognise that it might be possible to reflect better the losses incurred by some individuals by looking at pay levels in the sector they worked in, regardless of the direct evidence of the wages they can provide. The Government should consider this as an option in individual cases. However, given that this will not apply for many individuals, and given the risk of further delays, we recommend increasing the general award to at least next year’s National Living Wage of £9.50 per hour given that most people have still not yet received their payments and the 2019 minimum wage is an arbitrary figure to choose. Based on an average full-time working week of 37 hours, this would raise the general award to £18,278 per year, or £1,523.16 per month. Going forwards, the tariff used should be based on at least the National Living Wage being used when the payment is made. Loss of pension and loss of future earnings should be brought within scope of the scheme: a set award or general tariff would ensure all eligible individuals are compensated regardless of available evidence. The complexity of this issue should not preclude the Home Office from implementing a solution: at the very least, the Department should consider the legal minimum employer pension contribution, which is currently three per cent.
From: Home Affairs Committee, Fifth Report - The Windrush Compensation Scheme (HC 204), paragraph 192, 24 November 2021
Government response
The government responded to the whole report on 7 February 2022 (deadline 24 January 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government's response to the Committee's Windrush Compensation Scheme report sets out mixed positions, declining a transfer to an independent body while describing changes already made to the scheme and some further work it is taking forward.
- On moving the scheme to an independent organisation, it says this would bring "more delays in issuing payments", and points instead to the Adjudicator's Office review process and an Independent Person advising on the scheme.
- It does not widen the historical cases review, calling that approach "costly, inefficient" and unlikely to locate affected people, and says it has focused on outreach and engagement instead.
- On the £10,000 preliminary award, it says it will process and offer it where "it is clear that the Home Office has wrongly enacted an immigration enforcement action", and that it cannot identify those who have not made contact with it.
- On caseworker capacity, it says the team has 80 caseworkers, with 24 more due to join over January and external recruitment under way to reach 120.