Source · Select Committees · Home Affairs Committee
Recommendation 71
71
Rejected
Independently review future decisions on Windrush awards reduced due to previous criminality.
Recommendation
Given the concerns raised by the independent adviser on the design of the Windrush Compensation Scheme, as well as the risks of costly legal challenges, we recommend that future decisions on whether to reduce or decline an award because of previous criminality should be independently reviewed. This should be done by referring the decision to the independent review panel we recommend should be established in paragraph 273 of this Report. (Paragraph 233) Non-financial remedies
Government Response Summary
The government explains its existing policy on how severe criminal behaviour affects compensation, citing a duty to the public purse and precedent from CICA, and states decisions are signed off by Ministers, thereby rejecting the recommendation for independent review.
Government Response
Rejected
HM Government
Rejected
In most instances, criminality will not affect an individual’s compensation. However, we have a duty to consider whether it is appropriate to make payment from the public purse to people whose severe criminal behaviour has negatively impacted the lives of victims and wider society. Where individuals have received sentences of imprisonment of four years or longer for offences such as murder, rape or sex/sexual offences with a minor, any award for Impact on Life will likely be declined. Where this is the case, we will consider whether there are circumstances since the individual’s release from prison which mean a reduction in their award for Impact on Life may be more appropriate, rather than declining it, e.g., community or charity work. A precedent for the modification of compensation where an individual has unspent criminal convictions exists in the Criminal Injuries Compensation Authority (CICA). All decisions to withhold or reduce compensation are signed off by Ministers.