Windrush Commissioner urges reform of ‘opaque and unjust’ compensation scheme

The Windrush compensation scheme still feels “opaque and unjust” to many victims and must be urgently reformed, the commissioner has told the Government.

In his first formal recommendations to the immigration minister since being appointed in the new role of Windrush commissioner this summer, Reverend Clive Foster said speediness is especially important given the age and health of those affected by the scandal.

In a five-page letter to Seema Malhotra, the minister for migration and citizenship – and copied to Home Secretary Yvette Cooper, Mr Foster said a perception remains among some that “the Home Office is waiting for us to die off”.

He said he did not feel this was the case, but wanted to communicate the sentiment to the minister “directly as it reflects the challenge you face in building trust”.

He wrote: “It’s deeply concerning that, according to Home Office records, 66 people have died while waiting for compensation. These figures have contributed to a widespread perception that the Home Office is not acting with sufficient urgency.

“A phrase I’ve heard repeatedly from community members is that ‘the Home Office is waiting for us to die off’. While I don’t share this view, I believe it’s important that you hear it directly as it reflects the challenge you face in building trust.”

Mr Foster, who is a pastor, asked for an urgent update on progress made in the year since Ms Cooper pledged a rapid review of private and occupational pension losses.

The commissioner said survivors had “consistently raised concerns with me about the real financial losses they’ve suffered, which are not adequately reflected in current compensation awards”, including lost access to private and occupational pensions.

He also relayed compensation scheme applicants’ experiences of an “overwhelming and retraumatising” process.

He called for reform so the scheme is “swift, fair and accessible, but also trauma-informed and respectful of lived experience”.

While acknowledging recent improvements, he said these fail to fully meet the needs of applicants, adding: “Survivors continue to tell me about long waits, unclear outcomes, and the emotional toll of navigating a process that feels opaque and unjust.”

He recommended improved support for those affected by the scandal, such as help to apply for compensation.

His other recommendations include efforts to raise awareness overseas to ensure everyone entitled to status under the Windrush Scheme is
able to receive it.

He also said there must be “reconciliation-led approaches” in order to prevent future injustices.

The Windrush scandal, now referred to by some victims as the Home Office scandal, erupted in 2018 when British citizens were wrongly detained, deported or threatened with deportation despite having the right to live in Britain.

The latest statistics, published  by the Home Office at the end of August, showed that as of July this year just over £115 million had been paid out under the compensation scheme set up in the wake of the scandal.

A Home Office spokesperson said: “We are determined to right the wrongs of the Home Office Windrush scandal, which is why we appointed an independent commissioner to drive lasting change across government.

“We thank Reverend Foster for his initial recommendations, many of which we are already implementing, and ministers will meet with him shortly to discuss further improvements to our schemes.”