Source · Select Committees · Home Affairs Committee
Fifth Report - The Windrush Compensation Scheme
Home Affairs Committee
HC 204
Published 24 November 2021
Recommendations
46
Accepted
Para 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 …
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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.
Home Office
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64
Accepted
Para 214
Require Home Office transparency on discretionary award compensation types and consistency in decision-making.
Recommendation
The Home Office should be more transparent about the types of loss it is prepared to compensate through a discretionary award and should set out what types of claim under this category have previously been accepted. The Home Office should …
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Government Response Summary
The government confirmed policy and operational teams are reviewing the discretionary category, provided examples of previously accepted awards (travel, medical, legal advice reimbursement), and stated consistency is maintained through technical specialist sign-off.
Home Office
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88
Accepted
Urgently address fundamental problems within the Windrush Compensation Scheme
Recommendation
We welcome the personal commitment expressed by the Home Secretary to the operation of the scheme and the improvements that have been made to the scheme over time; however, these changes have taken far too long and have not gone …
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Government Response Summary
The government acknowledges the need to do more to rebuild trust and address issues, detailing ongoing engagement and outreach efforts through community leaders, surgeries, the Windrush Working Group, and the Windrush Community Fund, and committing to continue these efforts.
Home Office
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Conclusions (25)
4
Conclusion
Accepted
Para 32
It reflects the deep and far-reaching problems with the compliant environment policy that, four years on from the emergence of the scandal, the Home Office still does not know how many people were affected and how many are eligible to apply to the Windrush Compensation Scheme.
Government Response Summary
The government acknowledges the need to rebuild trust and describes extensive ongoing engagement and outreach efforts with community and faith leaders, including running events and working with the Windrush Working Group.
5
Conclusion
Accepted
The Home Office should provide more details of how it is identifying the assumptions underpinning its claim volume scenarios and how it is establishing its planning estimates in its response to this Report. (Paragraph 32) 88 The Windrush Compensation Scheme A lower than expected number of applications
Government Response Summary
The government commits to providing an update with the number of full and final impact on life payments made at each level of award, in addition to its regularly published transparency data.
6
Conclusion
Accepted
Para 37
It is clear from the low level of claims submitted to the compensation scheme to date, and from evidence we have received, that there is considerable work to be done in order to rebuild trust and confidence in the Home Office to deliver the Windrush Compensation Scheme, and to demonstrate …
Government Response Summary
The government is proactively writing to individuals who have been granted documentation under the Windrush Scheme but have not yet applied for compensation, with the first batch of 2,500 letters already sent and the rest to follow in the next two months.
9
Conclusion
Accepted
Para 41
The changes to the Windrush Compensation Scheme which were announced in December 2020 were long overdue and the increase in applications since then is to be welcomed. The Department’s work to understand better why eligible people have yet to apply for compensation is also to be welcomed. However, that application …
Government Response Summary
The government details various ongoing and future communication and outreach strategies, including filming new video guides in multiple languages and planning the next phase of its campaign with new video, audio, and editorial content, to rebuild trust.
10
Conclusion
Accepted
Para 42
Given the continued uncertainty around the number of eligible claimants and the fact that some eligible claimants currently lack the confidence, patience or trust in the Home Office to apply for a scheme administered by the Department, we strongly welcome the removal of the formal end date for the scheme. …
Government Response Summary
The government highlights its ongoing proactive engagement efforts, including funding grassroots organizations to run awareness events and the £500,000 Community Fund, and states it continues to seek new ways of collaborating with community groups.
21
Conclusion
Accepted
Para 68
Whilst the Home Office’s grassroots campaign and the launch of the Windrush Community Fund are welcome, it is unacceptable that they took so long to get off the ground and didn’t even start providing funds for community projects until two years after the compensation scheme opened. As a result of …
Government Response Summary
The government response outlines the existing support provided by "We Are Digital" for claimants, detailing how they are encouraged to offer flexible appointment times and how their service is quality assured. It emphasizes the scheme's design for accessibility without legal assistance.
22
Conclusion
Accepted
Para 68
The Home Office should bolster the support and funding available to grassroots campaigns and community groups tasked with raising awareness of the Windrush schemes, ensuring that those in which the community has confidence and which have expertise in this work are adequately supported. It should look to scale up its …
Government Response Summary
The government states the Compensation Scheme is accessible without legal assistance, with caseworkers providing support. It is continuously evaluating how to improve claimant help and working with "We Are Digital" to ensure their service is accessible.
32
Conclusion
Accepted
Para 103
We also strongly welcome the increased payments for impact on life. However, we are troubled that one of the reasons identified by the NAO for this change was, effectively, to supplement other categories of loss where compensation is either insufficient or inaccessible due to the evidential requirements. We are saddened …
Government Response Summary
The government committed to reviewing its definition of Homelessness within the compensation scheme, noting that claimants are currently not precluded from awards in this category if staying with family and friends.
33
Conclusion
Accepted
The changes made to the scheme in December do not go far enough to address the delays and the unreasonable demands for evidence which claimants are facing. (Paragraph 103) Estate claims
Government Response Summary
The government stated it will review the discretionary category, which was introduced to cover financial losses not captured by other categories, and will provide updates.
34
Conclusion
Accepted
Para 108
Given the very apparent delays in processing estate claims and the clear reason for this, it is unacceptable that the Home Office has only recently provided a solution.
Government Response Summary
The government explained that policy and operational teams are closely examining the Discretionary category, outlining current procedures for awarding claims and citing examples of previous awards.
35
Conclusion
Accepted
The Home Office should monitor the impact of its package of support carefully to ensure that it is meeting the needs of people who are claiming on behalf of an estate. (Paragraph 108) Communication with caseworkers
Government Response Summary
The government stated it is committed to keeping all scheme categories under review, utilising feedback from existing quality assurance processes and Tier 1 and Tier 2 reviews to identify trends and areas needing scrutiny.
37
Conclusion
Accepted
Para 122
We welcome the improvements that have been made to the claim forms and accompanying guidance. However, we are disappointed that the Home Office did The Windrush Compensation Scheme 93 not act upon the advice of its then independent adviser and that it took more than two years to make these …
Government Response Summary
The government stated it will continue to listen to feedback to ensure the scheme operates effectively and specifically committed to reviewing rules on mitigation of loss.
39
Conclusion
Accepted
We welcome the Home Office’s decision to enable individuals to contact We Are Digital directly for assistance with their application form; this recognises that some people who are eligible for compensation will not feel comfortable accessing assistance through the Department. (Paragraph 126) Assistance with completing applications
Government Response Summary
The government reaffirmed the Home Secretary's unreserved apology to Windrush victims and families, stating its commitment to ensuring proper compensation and that all claimants receive a personal letter of apology.
45
Conclusion
Accepted
Para 155
We strongly welcome the removal of the higher standard of proof from the scheme and the revised guidance for caseworkers issued in July 2021. However, we are extremely disappointed that it has taken the Home Office so long to respond to longstanding concerns about how the standard of proof should …
Government Response Summary
The government commits to reporting the outcomes of both Tier 1 and Tier 2 reviews to the Independent Advisor, and states that outcomes are shared with senior civil servants and the WCS Oversight Board, in relation to learning from reviews.
49
Conclusion
Accepted
Para 176
The Home Office must provide greater clarity about how impact on life awards are determined and should issue clear guidance on how different types of impact and levels of harm correspond to each tariff level.
Government Response Summary
The government outlines the 'Impact on Life' compensation category, stating that its determination is based on 5 levels of increasing severity and duration, with publicly available casework guidance defining how awards are considered.
53
Conclusion
Accepted
Across all categories of claim, caseworkers must consider holistically the situation the claimant was in: where an eligible claimant was unable to demonstrate their right to live, work and access services in the UK, compensation should not be declined solely on the basis that they are unable to document a …
Government Response Summary
The government states that caseworkers are already trained to consider claims holistically and do not decline compensation solely due to a lack of documentation, encouraging various forms of evidence.
60
Conclusion
Accepted
The Home Office should clarify that awards under the category of claim for homelessness are available to individuals who lived with family and friends whilst they were unable to access housing or because their financial situation meant they lost their home. (Paragraph 208) Discretionary awards
Government Response Summary
The government clarifies that claimants living with family and friends are currently not precluded from receiving homelessness awards, while also stating that their definition of homelessness is under review.
65
Conclusion
Accepted
Para 215
The high number of claims made for a discretionary award suggests that there are types of loss not yet accounted for within the scheme. It may also indicate a continuing lack of clarity about the headings under which certain types of claim should be made. It is important therefore that …
Government Response Summary
The government states it is already committed to keeping all categories under review and uses existing quality assurance and review processes to monitor trends and policy elements requiring scrutiny.
72
Conclusion
Accepted
Para 234
The Home Office must ensure that apologies to those affected by the Windrush scandal are issued at the earliest opportunity and that the Department’s role in causing any impacts or losses suffered is fully acknowledged.
Government Response Summary
The government confirms the Home Secretary has already apologised unreservedly, and every individual receiving a compensation offer receives a personal apology letter from the Home Secretary at the conclusion of their claim.
74
Conclusion
Accepted
Para 248
The Urgent and Exceptional Payment Scheme was rightly, albeit belatedly, set up to help those who needed immediate financial assistance, including those facing real hardship. However, in too many cases it has failed to do so and it appears to have operated with the same bureaucratic insensitivities as those which …
Government Response Summary
The government outlines its existing process for providing urgent financial support to individuals facing hardship through the Windrush Help Team and Vulnerable Persons Team, indicating that a separate light-touch process is maintained for rapid assistance.
76
Conclusion
Accepted
Para 250
The Department should also raise the standard payment cap of £5,000 to ensure that those who are in urgent need of greater financial support, or those who face multiple simultaneous financial challenges, are provided with adequate emergency funds to alleviate their hardship. It should ensure applicants receive a decision within …
Government Response Summary
The government clarifies that its policy on Urgent and Exceptional Payments does not have a cap, and it already makes payments exceeding £5,000 when appropriate. It states decisions are made as soon as possible but does not commit to a ten-day deadline, noting that additional information may be required.
77
Conclusion
Accepted
Para 255
In light of the evidence we have received, we reject the Home Secretary’s assertion that it is sufficiently clear to individuals that, in most circumstances, any payment they receive under the urgent and exceptional support policy will be treated as an advance on a future compensation award.
Government Response Summary
The government asserts that it is clear to individuals that urgent payments are advances on future compensation, citing the updated policy on GOV.UK (Feb 2021) and revised decision letters (March 2021) that explicitly state payments may be deducted. They also intend to remind staff to convey this information.
78
Conclusion
Accepted
The ‘Windrush scheme: support in urgent and exceptional circumstances’ guidance should be amended immediately to make clear that urgent and exceptional payments can be recovered in full from a subsequent offer of compensation; caseworkers should receive training to ensure that this is also made sufficiently clear in any direct communications …
Government Response Summary
The government states that the policy and decision letter wording were updated in February and March 2021 respectively, to clarify that urgent payments may be deducted from future compensation. They also intend to remind the Help Team and caseworkers to explicitly advise individuals of this.
81
Conclusion
Accepted
Para 266
Given the significance of the Windrush Compensation Scheme in righting the wrongs done by the Home Office, and the importance of getting the scheme right, we cannot understand why the Home Office has designed a system which does not allow senior civil servants, Ministers or this Committee to monitor the …
Government Response Summary
The government clarifies that review outcomes are regularly monitored to inform policy changes, noting the Adjudicator Officer's existing publications. It commits to reporting the outcomes of both Tier 1 and Tier 2 reviews to the Independent Advisor and states that outcomes are shared with senior civil servants and the WCS Oversight Board.
82
Conclusion
Accepted
Para 272
Given the Home Office’s role in causing the initial harm it is extremely problematic that the Department is not only responsible for the design and administration 100 The Windrush Compensation Scheme of the Windrush Compensation Scheme, but that it also retains full control over interpretation of the scheme rules. We …
Government Response Summary
The government outlines its existing two-stage independent review process for claims, which includes Tier 1 reviews by dedicated staff and Tier 2 reviews by the Adjudicator's Office, whose recommendations are normally accepted.