Child Sexual Exploitation and Abuse

Baroness Benjamin Excerpts

Monday 20th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I say to my noble friend that my right honourable friend the Prime Minister takes a keen interest in the progress of these reports, and he will monitor and hold to account Ministers in government on that delivery. But the very fact that I am standing here today, and that my right honourable friend the Home Secretary was standing in the House of Commons, shows that we are responding on behalf of the Government to the IICSA response. That is where the lead and responsibility lie: with the Home Office. But we do not have the direct implementation of a number of recommendations, which require the engagement of the Department for Education, the Department of Health and Social Care, and other departments. We have set out the timetable to meet those 17 other recommendations; we have accepted the four, and we are already implementing some. Very shortly, other legislation will be published by the Home Office that will give effect to the recommendations we have accepted. It is our job to see that through and to do so, I hope—putting out the hand of friendship—with the support of the Opposition Front Bench.

[Baroness Benjamin (LD)]

My Lords, I congratulate the Government on taking this robust approach in order to make a real difference and change for our children’s lives—the victims will carry that pain through childhood and beyond. The introduction of any duty to report child sexual abuse and exploitation must be accompanied by funding for services and training to support practitioners working with children across the country. Essential services like the NSPCC Childline and the Shore service play a vital role in supporting children who have suffered child sexual abuse and exploitation. How will the Government ensure that these services will be able to continue their valuable work?

[Lord Hanson of Flint (Lab)]

I am grateful for the noble Baroness’s support for mandatory reporting. She participated in the debate on Friday and will know that I said from this Dispatch Box that this is an urgent issue for this Government. We will bring forward proposals on mandatory reporting in very short order. She raises the issue of funding. Any implementation of any recommendations requires a consistent government approach and a review of how we are funding those approaches to those issues. I cannot give her a detailed answer now, but, as part of the review on what we do with the 17 other recommendations, we will put meat on those bones so that she and others in this House can see what resources the Government are putting into this area.

The noble Baroness raises the issue of the very important support of the voluntary agencies. It is important that, politically—I mean that in a non-party-political way—we give support to Barnardo’s, the NSPCC and other organisations, which are doing great work in both highlighting this terrible abuse and very much supporting development work on the ground. This is helping the Government’s case to reduce the amount of child abuse as a whole. So I cannot give that answer now, but I will return to this in due course.

Regulated and Other Activities (Mandatory Reporting of Child Sexual Abuse) Bill [HL]

Baroness Benjamin Excerpts

2nd reading
Friday 17th January 2025 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I support the Bill and the noble Baroness, Lady Grey-Thompson, on this important issue. I declare an interest as vice-president of Barnardo’s, which has been supporting victims and survivors of child sexual abuse and exploitation across the UK for more than 25 years and now hosts the independent Centre of Expertise on Child Sexual Abuse. With the support of Barnardo’s, I have long campaigned for more services and greater capacity in the workforce to support victims and survivors of child sexual abuse. From the data we have, experts believe that at least 500,000 children under 18 are sexually abused in England and Wales every year, but the real total is likely to be much higher.

The Independent Inquiry into Child Sexual Abuse set out wide-ranging recommendations which must be implemented as a matter of urgency. Survivors must be listened to and services must be adequately funded. Action is long overdue. A duty to report child sexual abuse was a cornerstone recommendation of the independent inquiry led by Professor Alexis Jay. Adults working directly with children have a special responsibility to act when they are concerned about their safety. They must be clear about their responsibilities, and confident and supported to deliver them. In addition, there must be sanctions for concealing or covering up the sexual abuse of children.

The Home Secretary has now committed publicly to introduce this duty in law, along with a new victims’ and survivors’ panel, which I support wholeheartedly. However, victims and survivors have been waiting a long time for action since the review and they must not be left to wait any longer. We need to make sure that children can access specialist, confidential services, where they can build relationships with trusted adults. After experiencing the terrible trauma of sexual abuse, many children need time and space to reach a point where they can share their experiences in full, in a way that means action can be taken to keep them safe and, importantly, to bring abusers to justice. We must make sure that professionals can still take the time, when needed, to build these relationships ahead of reporting to others. If the law gets this wrong, it risks actively harming efforts to reduce sexual abuse—the exact opposite of what this Bill is hoping to achieve.

Without clear protections, essential services such as NSPCC Childline, and the Shore service operated by the Lucy Faithfull Foundation, will not be able to continue operating. We must ensure that these services can continue their valuable work. The introduction of any duty to report must be accompanied by funding for services and training to support practitioners, including volunteers, working with children. Mandated reporters must have the knowledge to identify and respond to concerns and to support children through the process. That requires high-quality resources and investment, not only from organisations but from government, to ensure that those working with children can access training and develop their skills and understanding.

Being a victim of abuse has a devastating effect on children that often stays with them long into adulthood. As I always say, childhood lasts a lifetime. I urge the Government to support this Bill for the sake of all the children who have been or are being sexually abused today.

Windrush Compensation Scheme

Baroness Benjamin Excerpts

Thursday 19th December 2024 Lords Chamber

Asked by

[Baroness Benjamin]

To ask His Majesty’s Government what progress has been made with the Windrush Compensation Scheme in settling unpaid claims.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

As of the end of October 2024, the amount paid to individuals was over £99 million over 2,826 claims. Over 96% of the 9,322 claims received have now received a final decision—roughly 8,500—or are less than six months old, as just over 500 are. On 8 July 2024 a new single named caseworker process was implemented. This change has streamlined the process, improved consistency, increased transparency and removed duplication that led to avoidable delay.

[Baroness Benjamin (LD)]

My Lords, the current Windrush compensation scheme is still too slow, too difficult to access and unfair. At least 53 victims of the scandal, which I prefer to call the Home Office scandal, have died while waiting for their claims to be processed. The impact on those affected has been enormous and traumatic, with long-term consequences for their mental and physical health and financial security. The burden of proof for claimants needs to be reduced. A report by Justice found that providing funding for legal aid would result in savings for the Home Office and reduce caseworker time. Applying to the Home Office for compensation retraumatises applicants; therefore, legal representation creates a buffer as the applicants would not have to deal directly with the Home Office. Has a cost-benefit analysis been carried out on the provision of legal aid for Windrush compensation scheme applicants and, if not, why not?

[Lord Hanson of Flint (Lab)]

I pay tribute to the noble Baroness for the work that she has done in raising this consistently, before I came to this House and beyond. The type of campaigning she has undertaken is one of the reasons why the Labour Government put a pledge in their manifesto to both introduce the Windrush commissioner and put some energy into the system, for the very reasons the noble Baroness has mentioned.

We have put in £1.5 million to support advocacy groups. The noble Baroness mentioned legal aid, and I know she is meeting Minister Malhotra in early January; I hope the matter can be discussed then. I want to reassure her and the House that there is real energy to make sure that Windrush victims get compensation early and speedily, for the very reasons that she has mentioned, and I will take that commitment back to the Home Office today.

Windrush

Baroness Benjamin Excerpts

Thursday 29th February 2024 Lords Chamber

Moved by

[Baroness Benjamin]

That this House takes note of the Windrush scandal and the implementation and effectiveness of the Windrush Compensation Scheme.

[Baroness Benjamin (LD)]

My Lords, lives have been ruined, people have been falsely accused of lying and breaking the law, many have faced mental health issues and some have died without compensation—no, I am not referring to the Post Office scandal but to something equally shocking and unjust: the Windrush scandal, which I prefer to call the “Home Office scandal”, because that is what it is, the Home Office’s scandal. I have stood in this House on a number of occasions over the years, highlighting and drawing attention to this disgraceful state of affairs, and I am frustrated to bring this debate before the House once again to demonstrate that the matter is still as distressing as ever for the thousands of victims.

As we approach the sixth anniversary of the scandal emerging and the fifth anniversary of the launch of the Government’s Windrush compensation scheme, it is with great sadness—and extremely unfortunate—that we are still talking about the scandal today and not focusing on the extraordinary contribution the Windrush generation has given to our nation. The Windrush generation should be defined not by the scandal but by the enormous contribution they have made to Britain, starting back in 1948 when they were invited to come and help rebuild Britain after the war, many leaving their children and families behind. I am part of that generation and it was with great pride that I chaired the Windrush Commemoration Committee to oversee the creation of the magnificent, award-winning National Windrush Monument designed by Basil Watson, which proudly stands at Waterloo Station to celebrate this important part of our British history.

It has become a symbolic place of pilgrimage for adults who recall their trauma—and they weep. Many children who are studying Windrush visit the monument, which is so uplifting. But, sadly, the shadow of the scandal hangs over us as it remains clear that the injustices suffered by the Windrush generation still need to be addressed in a more urgent and timely manner than is currently the case. Victims are suffering from trauma and serious ill health, both physical and mental.

The number of people affected by the scandal is likely to be much higher than estimated by the Home Office. Figures vary dramatically and can be confusing but, as far as I can gather from lawyers, out of the potential 7,500 Windrush claimants—that is, those who have obtained status documents and have suffered detriment—only 2,097 have received compensation. That is £75.9 million out of the £500 million put aside.

The Home Office scandal caused by the hostile environment policy resulted in untold harm to the hard-working people of the Windrush generation. These citizens lost their homes and became homeless, living on the streets or being accommodated by friends or family in overcrowded properties. They lost access to their bank accounts and had to borrow and beg for money to survive. They lost their driving licences and their pensions. They suffered the humiliation of having to borrow from or take handouts from their adult children. They could not access benefits. They could not access the NHS, so their health suffered and many died as a consequence of the lack of timely medical treatment.

Their children, grandchildren and great-grandchildren also had their British citizenship denied. Many young people’s higher education stopped as they could not establish their citizenship. Many were unlawfully detained in detention centres, causing them humiliation, shock, embarrassment and mental anguish. That, in turn, affected their physical and mental health. Many were unlawfully deported, as admitted by the Government. Some were taken to countries they did not know and had to live on the streets without family support. Many died without receiving compensation.

This is a human story, full of injustice and emotional trauma. The survivors of the scandal feel let down and unheard, and their situations misunderstood. They are not illegal immigrants, refugees or asylum seekers; they are British citizens who entered the UK lawfully to study or work.

After years of work and dedication to Britain, it has been pointed out by Age UK that one of the many hidden consequences of losing employment and entitlement to benefits due to the scandal is that many drew their private pensions early to make ends meet. This has led to reduced private pension pots. In some cases, a loss of employment may have led to the loss of a private pension. However, loss of private pensions is not currently included in the scheme’s calculation of loss of earnings. This is despite repeated calls from campaigners for the inclusion of private pensions.

While being locked out of employment, claimants have also missed out on their workplace pensions which they have accumulated over many years. This is particularly important because the majority of the Windrush victims are of, or approaching, pensionable age. Estimating these losses is complex but, as they are a direct result of action taken by the Home Office, Age UK believes that the Government should find a way to cover them in the compensation scheme. So will the Government consider including loss of future earnings, which is not currently compensated for, under the scheme?

One of Britain’s largest unions, Unison, has told me that its fears were realised as reports came in of compensation claims being delayed longer than a year, complex forms, small payments and high levels of proof. The compensation scheme has placed victims under scrutiny, treating their claims with suspicion and placing their applications and lives in limbo. This has to end.

Thankfully, there are a number of lawyers, and individuals such as Patrick Vernon, who have got organisations to join together to set up the Windrush Justice Clinic to support and assist Windrush victims. They have all told me that victims are nervous about coming forward, for they know that the same people responsible for deporting them are also dealing with the compensation scheme and believe that this scheme should be overseen by an independent body. I have received dozens of case studies to justify this.

The Government must understand that victims are coming from a starting point of having their core beliefs destroyed by this scandal. They have little or no trust in authority, meaning that lawyers assisting them must first get over the hurdle of persuading them to trust and believe that they and others are there to help—others such as Glenda Caesar. She came to the UK as a baby, lost her job as an NHS administrator in 2009, faced deportation and was denied the right to work for nearly a decade. She now represents other Windrush victims and their claims for compensation. Just last week, someone working here on the Parliamentary Estate contacted me about problems they are having with a Windrush compensation claim. I connected them with Glenda and with other agencies.

Windrush victims need support similar to those affected by the Post Office scandal. The former government adviser to the Windrush compensation scheme, Martin Forde KC, who has since become one of its fiercest critics, said that the process for the Windrush victims to claim compensation

“is still very document heavy”.

It moves very slowly and the scheme cries out for legal aid.

Retired judges, senior parliamentarians and forensic accountants all are working on the postmaster scheme. Why are the Government not applying this kind of expertise to the Windrush compensation scheme? Anyone who has seen the form will know how complex it is, especially as many claimants are in their 60s and 70s and have no access to the internet. Even lawyers and solicitors say that they are having problems with the three different types of form: the primary application form is 44 pages long; the close family member application form is 24 pages long; the representative of estate application form is 46 pages long. All come with vast online support notes and the requirement of a large number of supporting historic documents. Lawyers have told me that these forms are one of the biggest hurdles to getting people to apply.

The House of Commons Home Affairs Committee agreed, and said that the scheme should be transferred to an independent body. This is something I called for from these Benches back in 2019. I was told by the Minister that it would take up to two years to implement. That was five years ago. This scandal is not going away. As the Justice 4 Windrush campaign, led by Colin McFarlane, has shown, this has wide support from all sectors of society across the country—the campaign’s online letter to the Prime Minister has also called for an independent body to be established.

No amount of compensation can ever erase the hurt and humiliation that the Windrush generation have suffered since their arrival in the motherland, when signs in the windows read, “No Irish, no dogs, no coloureds”. I witnessed those signs. We have heard so much about righting the wrongs for the Windrush generation but the Government’s good intentions must be matched by good outcomes. The Wendy Williams compensation recommendations were accepted by the Government with good intentions, only for three important ones in the report—including having a migrant commissioner—to be rolled back on in the most disrespectful way, as I highlighted in this House last year. It is clear that the Government must demonstrate their well-crafted words of intent through well-crafted actions, and stop this further humiliation and undignified treatment of the Windrush generation.

There is an automatic payment of between £10,000 and up to £100,000 for those British citizens who have been granted documentation through the status scheme, as they have suffered a high level of impact on life. This should be decided in six weeks, said the Government, but it has taken much, much longer. Why?

To make matters worse, it has emerged that children born in the UK after 1983 are now being rendered stateless. This highlights the need for a renewed approach, working in partnership with national organisations that support those affected on a daily basis, to ensure not just that wrongs are addressed but that related issues faced by those caught up in the scandal are fully considered.

It is now more important than ever to properly resolve this situation for the thousands of people affected, with compassion, consideration and empathy, as quickly as possible in view of their age and trauma. Once they have been sorted out, their descendants’ lives can also be sorted out.

We have had five Secretaries of State dealing with the Home Office scandal, yet only one has taken the time to meet with the Windrush victims, some of whom are sitting in the Chamber today. They are proud, hard-working people who have contributed to British society, but they have been humiliated in the most disrespectful way. Will the Minister show empathy and take time to meet them personally after this debate? For progress to be made, it is essential that trust and confidence in the relationship between the Home Office and the Windrush generation is restored. Sadly, we are far, far from this. The solution should be for an independent body to deal with this scandalous, heartbreaking, cruel and shameful episode of British history, because trauma lasts a lifetime.

--- Later in debate ---

[Baroness Benjamin (LD)]

I thank the Minister for his comments and all noble Lords who have taken part in this important debate for their kind remarks. We are friends all over the House—on all sides of the House—which is great. It is what I try to do. I thank them all for their passionate speeches, which have shown that everyone across the House who has spoken cares about fairness and justice above everything else.

Perhaps I should declare an interest as part of the Windrush generation because I came to Britain aged 10 on my elder sister’s passport in 1960. Fortunately, when I was 17 my mother wisely decided to apply for passports for all her six children. Had she not done so, I could easily have become a Windrush victim.

The Home Office did not seem to have much difficulty in identifying people accused of being illegal and was prepared to deport them as quickly as possible. Yet it does not practise the ability to identify those who are eligible for compensation at the same speed.

I am naturally disappointed with some of the answers the Minister has given us—but not surprised, because the reality of the Windrush victims’ experiences is not as happy or as positive as he might have pointed out. He does not agree with me and noble Lords from across the House who have spoken that we need an independent body. It is a common-sense solution to end this unfortunate scandal. Members of this House have agreed with that for so many years now.

My noble friend Lord Bourne and I have been allies over the years, and I thank him for his support and kind words. It is always a joy to work with him, especially on the National Windrush Monument. I thank him.

The noble Lord, Lord Davies of Brixton, reminded us of the contribution the Windrush generation has given to the country and mentioned the new Windrush line, which will for ever keep it in public memory thanks to the Mayor of London. I thank the noble Lord for mentioning that.

I thank my noble friend Lord Woolley for his passionate and moving speech. He reminded us that the King has shown empathy with the Windrush generation by commissioning those 10 portraits, which will be part of the Royal Collection, celebrating the 75th anniversary of the arrival of Windrush pioneers. The Prime Minister held no such celebration, even though I wrote begging him to meet the Windrush victims.

My noble friend Lady Burt pointed out the low payments offered to claimants with no justification and, like other Peers, asked why the three Wendy Williams recommendations were dropped. I note what the Minister said, but we need to find out why this has happened. We have also called once again for that independent body.

My noble friend Lord Adebowale asked for an apology to not just the Windrush victims but all the Windrush generation and the majority of the people in this country who feel ashamed of the blot on the landscape of this British history saga.

The right reverend Prelate the Bishop of Newcastle, my “Play School” baby, spoke with passion in calling for trust to be restored, as the nation deserves it. It feels ashamed of what has happened to these Windrush victims.

I thank the noble Lord, Lord Griffiths, for reminding us that this is not a party-political issue but a national issue.

Like others, the noble Baroness, Lady Bennett, agreed that there should be an independent body. That is coming over time and again. She also pointed out that racism is still present in our society. Even children are facing this injustice, as I had to 64 years ago when I arrived in this country.

I thank the noble Lord, Lord Hastings, who is an inspiration to me and a towering figure in the House. He suggested fixing the problem immediately, before the election. What a joy that would be. I will not have to call another debate if that happens.

I thank my noble friend Lady Brinton, my “Play School” colleague, for she has continued to support me on this issue and has pointed out that schoolchildren across the country are reading my book, Coming to England, and do not want to grow up in a society where we are dealing with this scandal. They see it as unfair and unjust. They write to me and say, “Floella, when I grow up, I will not be racist. I understand about Windrush. I want to be a decent human being in this country, embracing all people”. That is what children are understanding. That is what we have to show them as examples.

The noble Lord, Lord Ponsonby, outlined the timeline of the Home Office scandal, which is very focused in showing the injustice of this human story.

I thank all the organisations and individuals who have assisted with and contributed to this debate, including Action for Race Equality, Justice 4 Windrush, the Windrush National Organisation, the Windrush Justice Clinic, Age UK, UNISON and many more, all the lawyers who have advised me and the dozens of Windrush victims who have shared their harrowing stories. We have all come together, collaborating to bring this unhappy saga to a satisfactory conclusion. We have reached out to the Government and hope that they listen and act on what has been said today, because the fight for justice will continue. Once again, I thank all noble Lords for taking part in this important debate—and, yes, let it be the last time that I do so.

Motion agreed.

Windrush Generation

Baroness Benjamin Excerpts

Tuesday 28th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I mentioned the Windrush Lessons Learned Review. The Home Office has implemented the majority of the 30 recommendations made in the 2020 report. Key changes include implementing a new ethical decision-making model, new training for caseworkers, a Permanent Secretary-chaired strategic race board and new forms of scrutiny. As for the compensation scheme to which the noble Lord referred, he will be very pleased to know that the time to allocate a claim for substantive casework consideration has dropped from 18 months to under five months and work is continuing apace on that.

[Baroness Benjamin (LD)]

My Lords, there is a growing suspicion that the compensation scheme that has been implemented was designed to fail. Procedural delays have meant that only 12.8% of the estimated 11,500 eligible claimants have been compensated. As we have heard, applicants report a growing fear and mistrust of the Home Office, which was responsible for this historic injustice. Many are experiencing trauma as a result of their interactions with the Home Office, so can the Minister explain what steps have been taken to create a replacement policy that is independent, transparent, fair and will include access to legal aid and a right of appeal to an independent tribunal? How soon can this policy be implemented to deal with this Home Office scandal?

[Lord Sharpe of Epsom (Con)]

My Lords, the compensation scheme was designed to be as clear and simple as possible so that people do not need legal assistance to make a claim. In 2021 and 2022, in response to feedback from and indeed in consultation with stakeholders, we published redesigned claim forms. The new forms are longer but are easier to complete because they include more targeted and closed questions to help people understand and provide the key information that we need from them. The claim forms now have a crystal mark from the Plain English Campaign, demonstrating our commitment to ensuring the scheme is accessible. As the noble Baroness will be aware, the scheme is also subject to independent scrutiny.

Windrush Generation: 75th Anniversary

Baroness Benjamin Excerpts

Friday 7th July 2023 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I thank the Government for having this important celebration debate, and for their commitment to Windrush 75, which they have shown across many departments. I also thank the Minister for his kind remarks.

Five years ago, when we celebrated the 70th anniversary of Windrush, not many people knew what Windrush meant. Fast-forward to the 75th anniversary and things are completely different, which shows that progress is being made. Every news channel and media outlet and numerous magazines covered the anniversary. They could not get enough of Windrush. The scandal brought it to their attention. This was partly due to the creation of the national Windrush Day—22 June—which was the result of a hard-fought 30-year campaign led by the late Sam King MBE, a Windrush pioneer. It was also due to the National Windrush Monument, created to recognise and acknowledge the contribution made by Caribbean people to Britain, which the Minister highlighted.

I was honoured and privileged to chair the Windrush Commemoration Committee, which was responsible for overseeing that historic creation. This enormous task was a labour of love. It took four hard, challenging years, littered with obstacles and setbacks, but, with total commitment and dogged determination, a magnificent, 12-foot high monument, designed by the world-renowned Jamaican artist Basil Watson, was delivered and unveiled at Waterloo station last year, on Windrush Day, by the last two known living Windrush pioneers from 1949, Alford Gardner and John Richards, and their descendants. The monument has quickly become a landmark, and Network Rail led a 75th anniversary commemoration event there to celebrate its links to the Windrush generation and laid wreaths in their honour.

The “Empire Windrush” was not the first ship to bring Caribbeans to the motherland in 1948, but it has become a symbol of that quest. The thousands who followed until 1973 also showed great loyalty, courage, bravery, resilience, dignity, pride and fortitude, despite facing rejection, humiliation, violence, death and hatred. They came with hope and optimism in their hearts. Many Caribbean people who visit the monument at Waterloo are moved to tears and overcome with emotion, as it invokes memories of the treatment they received when they arrived in Britain. It has become a place of solace. Some say they wish their deceased relatives were still alive to see this momentous symbol. Many people say, “Meet me by the monument”.

I am part of that lived Windrush experience, because I came to England in 1960 as a 10 year-old, travelling from Trinidad by ship, then by train from Southampton to Waterloo station, arriving on platform 19 with my grip—what we Caribbeans call a suitcase. Proud, I stood just a few feet away from where the National Windrush Monument now stands. Who would have thought? This is why I say to children and young people, “Never give up, always keep hope in your heart”. Today, in every part of British society, people are finally recognising the massive contribution the Windrush generation and their descendants have made. We are no longer told, “You’ve got a chip on your shoulder”. This chapter of our history is now being acknowledged, celebrated and studied in every corner of the country.

My book Coming to England, which I wrote 27 years ago, is now read in almost every school in Britain. It is more relevant today than ever. I get letters from seven year-olds saying that they now know about Windrush and they will never be racist towards anyone because of the colour of their skin or because they are different. Childhood lasts a lifetime, so this gives me a great feeling of hope and optimism, especially when I think of the time when I came to Britain and my classmates relentlessly called me racist names and spat at me. They did not know where Trinidad was and told me to go back to where I came from. At that time, some Caribbean children were even put in schools for the “educationally subnormal” because of their Caribbean accents. Things have not entirely changed. Unbelievably, I am receiving letters from children who are suffering racist abuse in schools and on the streets today, like what I had to endure back in the 1960s. More education is needed. We have to fight this scourge.

We are at a significant moment in history, so I ask the Minister: what are the Government doing to further encourage the teaching of the Windrush experience in schools as an important part of British history? We have to see ourselves to know that we belong. The National Archives holds copies of the passenger lists of many ships that brought Caribbean people to the UK. I wept when I saw my name on one. It is worth mentioning, as the noble Baroness has just said, that not only Caribbean people arrived on the “Empire Windrush” in 1948 but a number of Polish people. Despite also facing adversity, they too have made an enormous contribution to Britain and should be remembered.

This year, as part of the Windrush 75th anniversary celebration, the National Archives formulated an educational schools project to empower ethically informed learning of British history. It arranged for me to speak on a web call to over 15,000 schoolchildren about my Windrush journey. It was so poignant. Who would have thought? King Charles asked me to set up the Windrush Portraits Committee as he wanted to celebrate Windrush 75 by commissioning 10 portraits of Windrush elders over the age of 90—Windrush nobility who have made a contribution to British society in areas such as the NHS and to the economic well-being of Britain across the decades. They are pioneers whose shoulders we now stand on as they had to overcome adversity and prejudices on a daily basis to survive. They have paved the way, and now they have a chance to share the trauma they carried and to tell their untold stories through portraiture. The portraits were unveiled at Buckingham Palace and will be shown at the National Portrait Gallery for seven months. They will become a part of the Royal Collection and represent communities nationwide.

The BBC produced a moving documentary about that project, connecting sitters and artists as they captured the importance of this part of British history—what a legacy. Royal Mail has issued an incredible set of Windrush stamps, which I launched at the Black Cultural Archives. They show how Caribbean culture has helped to shape Britain. The 50 pence coin, beautifully designed by Valda Jackson, also celebrates Windrush 75 and honours those who have paved the way to help enrich British history. The King also held a Windrush 75th anniversary service at St George’s Chapel in Windsor for schoolchildren, which was truly inspirational. The church service at Southwark Cathedral brought church leaders and Windrush communities together from across the country—how things have changed. When Caribbean people first came to Britain, we were told we were not welcome in churches. We had to form our own, black-led churches, such as the New Testament Church of God in 1953, which now has 130 branches across the country full of worshippers.

This year has seen jubilant celebrations of the Windrush 75th anniversary. I believe we must not be defined by the so-called scandal. In fact, I propose it should not be called the Windrush scandal any more but renamed the Home Office scandal. It has caused the misery, trauma and heartache which continue and remain a stain on British society with the unresolved compensation issue of Windrush victims. I have heard from numerous lawyers that the compensation forms are so complex, even legally qualified people have difficulty filling them out.

They tell me numerous claims have been rejected based on inconsistent reasoning and not fully considered, even after appeals. There is a huge backlog of compensation cases. Only 25% of applicants to the scheme have received payments, and 93% of survivors have not been compensated at all. Many are scared to approach the Home Office as it is also the public body of immigration enforcement, the threat of which many have encountered without the documentation to prove their lawful status. Trust has disappeared, and drastic measures are needed to bring it back.

Four years ago, I pleaded with the Government to establish an independent body to oversee the Windrush compensation scheme. My pleas, and those of thousands of others, have been ignored. Once again, I implore the Government to consider this proposal, or perhaps consider an amnesty and pay claimants in full without the need for the traumatic, stressful and painful application process that victims have to go through. After all, the money is there.

We need to put the stain on British history of the Home Office scandal and hurt caused to the Windrush victims behind us, once and for all. The Windrush generation and the decent, compassionate people of this country deserve no less. Anything less is an insult to people like myself and the thousands of others who have dedicated their lives to this country and who have made a difference to the lives of others. The Prime Minister must show he cares too, by engaging with the Windrush community and the Windrush victims. So far, he has not, and public perception matters.

I am an optimist, and I believe that eventually good will prevail. We all need to work together and continue to build a solid foundation for future generations. That is why I am involved in establishing a national Windrush museum, which will do just that. It will bring together all aspects of lived Windrush experience.

I was honoured to represent the Windrush generation and carry the sceptre with dove, representing equality, spirituality and mercy, at King Charles’s diverse and inclusive Coronation, which I believe is a glimpse into the future. Here is to more glorious, all-embracing British historic Windrush celebrations in years to come.

Black and Minority-ethnic Children: Police Strip-searches

Baroness Benjamin Excerpts

Monday 27th March 2023 Lords Chamber

Asked by

[Baroness Benjamin]

To ask His Majesty’s Government what assessment they have made of the report by the Children’s Commissioner showing that 2,847 children, disproportionately from black and minority ethnic backgrounds, have been strip searched by the police since 2018.

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice. In doing so, I declare my interest as a vice-president of Barnardo’s.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am grateful to the noble Baroness for her Question. The Children’s Commissioner’s report raises a number of concerns that we take extremely seriously. Strip-search is one of the most intrusive powers available to the police. No one should be subject to the use of any police power based on their race or ethnicity. The IOPC is currently investigating several instances of children being strip-searched and it will review whether existing legislation, guidance and policies remain appropriate. It is right that we await its findings.

--- Later in debate ---

[Baroness Benjamin (LD)]

My Lords, it is sickening, shocking and truly disturbing to read the Children’s Commissioner’s report on the thousands of children who have been strip-searched by the police unsupervised. Most of us thought that being strip-searched was a rare occurrence during the Child Q scandal. This has proven not to be so. Worryingly, those from black and ethnic-minority backgrounds appear to be disproportionately targeted. Childhood lasts a lifetime. The mental trauma, mistrust, abuse and humiliation suffered by these children will stay with them, at a huge cost to society. How are the Government going to address this unacceptable and despicable practice? What recourse and disciplinary action will there be when a safeguarding failure is found to have taken place?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness is right. Any child subject to strip-search under PACE should be accompanied by an appropriate adult unless there is an urgent risk of serious harm or where the child specifically requests otherwise and the appropriate adult agrees. Such searches must be carried out by an officer of the same sex as the child. The Children Act 2004 encourages agencies to share early concerns about the safety and welfare of children and young persons and to take preventive action. The Act requires local policing bodies and chief officers to co-operate with arrangements to improve the well-being of children in the authorities’ area. It is too early for me to comment on what sort of disciplinary processes and so on might be implemented in cases where there are failures of these things. As I said, we are awaiting the report from the IOPC and will make the appropriate response in due course.

Windrush Lessons Learned Review: Implementation of Recommendations

Baroness Benjamin Excerpts

Thursday 12th January 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

I agree with the noble Lord that the injustices of Windrush were an outrage. Clearly and unfortunately, it was Governments of all complexions who allowed that scandal to unfold. The noble Lord asked me whether the Windrush compensation scheme is failing. The Government—and I, as the supervising Minister for the Windrush compensation scheme—are very clear that we must compensate members of the Windrush generation and their families for the losses and impacts they suffered as a result of the scandal. We believe that we have made significant progress, having now offered a total of more than £59.58 million in compensation. As to the question about recommendations, the noble Lord knows that the Government will not comment on leaks, and I do not propose to do so today.

[Baroness Benjamin (LD)]

My Lords, this year there should be jubilant celebrations of the 75th anniversary of Windrush, a symbol of Caribbean people coming to Britain with good intentions. However, because of the Windrush scandal, one can be forgiven for feeling anxious, nervous and worried when we hear reports regarding government plans to go back on Wendy Williams’s recommendations. In my recent letter to the Prime Minister, I stated that this would be disrespectful and perceived as wicked, vindictive and heartless. This is a matter of national pride and we must be determined to right the wrongs, injustice and hurt. Compensation should be accelerated before more claimants die. Once again, therefore, will the Government categorically assure me, this House and the Caribbean community that these rumours are not true and that they intend to fulfil all their pledges?

[Lord Murray of Blidworth (Con)]

As I observed to the noble Lord a moment ago, the Government do not comment on leaks, and I do not propose to do so now. On the separate question that the noble Baroness asked, I entirely agree that there should be a fantastic celebration of the 75th anniversary of Windrush, and the successes of the Windrush compensation scheme and the Windrush scheme in granting status are factors to feed into that great celebration. On the final aspect of her question—the speeding up of payments under the Windrush compensation scheme—I am glad to report that we have issued final decisions in more than 59% of the claims received and have concluded more than 43% of claims. In July 2021, we also published a redesigned primary claim form and refreshed casework guidance with the aim of reducing the time taken to process claims and improving people’s experiences of applying to the scheme. We are recruiting additional caseworkers, directing resources to maximise performance and refining processes so that cases can progress as quickly as possible. We have delivered on the promise to recruit and post at least 120 EO-level casework resources by the spring of 2022, and we will continue to recruit additional resources.

Metropolitan Police: Strip-search of Schoolgirl

Baroness Benjamin Excerpts

Tuesday 22nd March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The right reverend Prelate may have heard me say, when we discussed Sarah Everard’s murder, that I would not feel confident in saying no to the police if I were requested to do something. In a way, that is at the heart of this issue. It will all come out in the IOPC review, but did the school have confidence in saying, “Excuse me?” to the police or, “This is the way that we do safeguarding at this school”? That will all come out in the review. However, whatever the organisation, whether it is schools, teachers or the health service, we need to have confidence in challenging—not refusing but challenging—the police if we think they have got it wrong.

[Baroness Benjamin (LD)]

My Lords, childhood lasts a lifetime. The indignity that child Q had to go through is going to scar her for life. My daughter is a teacher and she too was appalled to learn about this blatant act of abuse of human and legal rights in a school—a place where children should be protected from physical and emotional harm. After the death of George Floyd, and Black Lives Matter, we all should know better. The police should know the importance of following the stringent guidelines and procedure when dealing with cases involving young people, especially those of colour, so both teachers and the police have questions to answer. What is being done to reinforce the safeguarding measures already in place to ensure that this kind of abusive and traumatic incident never, ever, happens again?

[Baroness Williams of Trafford (Con)]

The noble Baroness will have heard me talk about some of the measures that are already in schools and public institutions to safeguard children. Safeguarding children should be at the centre of what we do as public servants. There are clear guidelines around safeguarding and the type of thing we were talking about this week in relation to child Q. Strip-searching is probably one of the most intrusive things that one could ever do to a child.

I am going to beg the indulgence of the House and ask whether the noble Lord, Lord Harris of Haringey, might be allowed to come in.

Windrush Compensation Scheme

Baroness Benjamin Excerpts

Wednesday 24th November 2021 Lords Chamber

Asked by

[Baroness Benjamin]

To ask Her Majesty’s Government what steps they are taking to ensure that people who applied to the Windrush Compensation Scheme have their claim decided as a matter of urgency.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we remain committed to ensuring that people receive every penny of compensation that they are entitled to and we have offered more than £37.2 million. There is no cap on the amount that we will pay and we have removed the end date of the scheme. Suggestions that only 5% have received a payment are misleading; 29% of the claims that we have received have had a payment. We are processing claims as quickly as we can and continue to make improvements. Many of these were recognised in the Home Affairs Select Committee’s report, but we recognise that there is more to do and will consider the report carefully.

[Baroness Benjamin (LD)]

I thank the Minister for her reply. I declare an interest as chair of the Windrush Commemoration Committee, which is placing a national Windrush monument at Waterloo station, where I arrived when I was a 10 year-old in 1960. It will celebrate the enormous contribution of the Windrush generation to Britain.

But the Windrush scandal has created a stain on British history, and many innocent people branded as illegal, now in their 70s and 80s, are still traumatised by the burden of proof and the treatment that they have endured. There is an overwhelming feeling of distrust and a feeling that their compensation claims will never be paid. So to reassure these British citizens who have served this country well for generations, will the Government consider appointing an independent body to deal with the Windrush compensation scheme before any more of these claimants pass away?

[Baroness Williams of Trafford (Con)]

First, I pay tribute to the noble Baroness and all that she has done for the Windrush generation. I totally agree with her that the scandal of it, which spanned several decades, and Parliaments and Governments of every colour, is indeed a stain on our history.

With regard to the evidence, we have designed the scheme to be as simple as possible, and its whole rationale is to pay compensation, as opposed to not paying it. So the scheme operates on the balance of probabilities, and we will work with individuals to support them to provide and obtain as much information as possible to support their claim. We want to make it easy, not difficult, for them to do so, so caseworkers will contact other government departments and third parties, such as previous employers, if necessary. In July, we published refreshed casework guidance that clearly sets out how caseworkers should apply the balance of probability and go about gathering that evidence. We want people to receive the maximum amount of compensation, not the minimum, to which they are perfectly entitled.