Windrush Compensation Scheme

Baroness Hamwee Excerpts

Wednesday 24th June 2020 Lords Chamber

[Lord Rosser (Lab) [V]]

The Windrush scandal is a national cause of shame, and the Wendy Williams review exposed the callousness and incompetence that caused such deep injustice. The Windrush generation and their families have made an enormous contribution to every aspect of our national life since the arrival of the “Empire Windrush” 72 years ago. However, many faced appalling racism, extending beyond abuse to a lack of fair access to the basic necessities of life, including housing and jobs. The Williams review has brought home the extent to which these issues, and the associated deep injustice, remain; injustices that have been highlighted by Black Lives Matter.

The Home Secretary has said that the Government are accepting all 30 recommendations in the Williams review, but we will have to wait until nearer the Summer Recess to find out how, and over what timescale, the Government intend to implement them. At the moment we are still at the stage of words, not actions, from the Government, which still have other reports, including the David Lammy review, on which they have so far failed to act. This Government are quick to set up reviews and working groups, but slow to act on findings and slow to right the wrongs identified.

In her Statement, the Home Secretary informs us that she has established another cross-government working group to address the challenges faced by the Windrush generation and their descendants. How does this further working group relate to the

“expanded cross-government Windrush working group, which will take a strategic view of a range of issues relating to Windrush and wider race inequalities”—[Official Report, 6/5/20; col. 551.]

announced by the Home Secretary on 19 March this year, to which the Minister made reference during our debate on the Windrush compensation scheme on 6 May?

On 6 May, the Minister, on behalf of the Government, said that the Home Office estimate was that the Windrush compensation scheme would cost between £90 million and £250 million, based on 11,500 eligible claims. At £250 million, that works out at just below £22,000 per head, and at £90 million, it works at below £8,000 per head. Is that still the Government’s estimate of the number of eligible claims, and is that still the Government’s estimate of the cost of the scheme? If it is, do the Government believe that an average compensation settlement, on the Government’s figures, of somewhere between less than £8,000 and just below £22,000 represents a fair figure in the light of Wendy Williams’s words that:

“The many stories of injustice and hardship are heartbreaking, with jobs lost, lives uprooted and untold damage done to so many individuals and families … They had no reason to doubt their status, or that they belonged in the UK”?


The impact assessment for the Windrush compensation scheme says:

“The Government will also mitigate the risk of litigation and associated legal costs, which is likely to be more expensive than compensation through the scheme.”


In other words, the Government also regard the Windrush compensation scheme as likely to save them money. Could the Minister clarify whether accepting an offer of compensation under the scheme also means that the claimant can no longer take legal proceedings against the Government on this issue?

There is provision for an independent review by an HMRC adjudicator where a claimant is not satisfied with the outcome of their claim. Can the Minister confirm what appears to be the case—namely, that the Home Office can choose to reject the recommendation of an independent review?

The Government also said in the debate on the Windrush compensation scheme last month that

“the award levels take into account existing precedents and ombudsman-recommended payments.”—[Official Report, 6/5/20; col. 548.]

What are the existing precedents, bearing in mind the way the Windrush generation were treated over so many years and the damning findings and words of Wendy Williams? Also, which ombudsman’s recommended payments were being referred to?

The progress in dealing with claims to date has been painfully slow. Apparently just 60 people were granted compensation in the first year of the scheme’s operation. The Home Secretary declines to apologise for the delay, but rather accepts it and simply implies that the pace is now increasing. Can the Minister say how many staff are involved in processing claims, expressed in full-time equivalents, and whether any of this work has been outsourced? The number of those who have received payment is small compared with the Government’s estimate of eligible claims. Does the Minister think that the number of claims to date reflects a lack of confidence in a Home Office that Wendy Williams said showed “a lack of empathy”?

Can the Minister say what the average compensation payment to date has been? How many claimants have referred their claim to an independent reviewer? In how many cases has as an independent reviewer recommended a change to the original decision? Have such recommendations all been accepted in full by the Home Office?

The Home Secretary has said that she will come back to Parliament before the Summer Recess to provide an update on how the Government will implement all the Williams review’s recommendations. That will be an opportunity for the Government to show that they recognise that the time for action is now. Not to do that would be to fail the Windrush generation yet again. I accept that I have asked a number of specific questions in response to the Statement. I would appreciate being given the information I seek and will be happy to accept a written response to the specific questions that cannot be responded to today.

[Baroness Hamwee (LD) [V]]

My Lords, one of the recommendations of Wendy Williams’ review is that the Home Office

“devise, implement and review a comprehensive learning and development programme which makes sure all its existing and new staff learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of inward and outward migration and the history of black Britons.”

I was struck by that when I read the review and three months on it has even greater resonance. I readily acknowledge that I am someone with gaping holes in her education that need to be filled. I, for one, need to learn what I need to learn, in the widest sense. It is not only Home Office staff who need that learning.

We all know the importance of leadership. The Home Secretary and the Permanent Secretary are reviewing Home Office leadership and culture. Can the Minister tell the House whether this has external facilitation? Does it cover the whole of the Home Office?

The Home Secretary says in her Statement:

“I have apologised for the appalling treatment suffered”.


A sincere apology is not something made and then done with; it must be constant and its sincerity demonstrated by action. The Statement later refers to the challenges faced by the Windrush generation and their descendants. It is wider than that. As Wendy Williams wrote in her first recommendation:

“The sincerity of this apology will be determined by how far the Home Office demonstrates a commitment to learn from its mistakes by making fundamental changes to its culture and way of working, that are both systemic and sustainable.”


Her seventh recommendation, which follows seamlessly, is for

“a full review … of the hostile/compliant environment policy and measures—individually and cumulatively.”

It should be scrupulous,

“designed in partnership with external experts and published in a timely way.”

That policy, whatever it is called—the hostile or compliant environment policy—is far-reaching and callous. It is racist.

The National Audit Office, in December 2018, commented on the department still showing a lack of curiosity about individuals who may have been affected and who are not of Caribbean heritage, on the basis that this would be a “disproportionate effort”. “In the circumstances”, the NAO reported, “we find this surprising”.

We all need to exercise our imagination and put ourselves in other people’s shoes when we consider what actions we may take, so I am pleased to hear that the Home Secretary will be accepting Wendy Williams’ 30 recommendations in full. I do not know whether there is any significance in the future tense “will be accepting”. We look forward to their implementation and to tangible outcomes.

When we first debated the report, I acknowledged that not all the implementation could be immediate. I also acknowledge that claims made to the compensation scheme must be considered and assessed. After all, some claimants may be claiming too little. But that does not mean that every “i” must be dotted and every “t” crossed before any payment is made.

The Statement refers to the urgent and exceptional payments scheme. I will resist going down the road of exploring whether the whole situation, and the claims, are exceptional, and whether they are urgent, given the age and current situation of many if not most of the claimants, brought about by their experiences, but I will ask the Minister whether the 35 payments totalling over £46,000 made to the end of March are the same as the

“many interim and exceptional payments”

that

“have been made to make sure that people have access … to the funds they need now”.

The figures seem woefully small. Does the Minister have more up-to-date figures? We are used to reporting by government on a three-monthly basis and reasonably so, but I would have thought in this case that Ministers would have wanted to see how payments are going month by month, in respect of every category of payment.

I will also ask the Minister about further offers. I cannot make the amounts mentioned add up to anywhere near “over £1 million”. Can she break that figure down? Can she explain “offered”? That suggests conditionality. Are claimants expected to agree that an offer is accepted in full and final settlement? If so, what advice can they access before doing so, and is this in the spirit of the apology?

The Home Secretary said she

“simply will not call for targets.”

I agree that these are “personal” and “individual” cases, as she said—or, indeed personal and individual people—to be treated with care and respect. However, I have asked in a Question for Written Answer—it was only last week, so I am not accusing the Minister of being slow in responding—what the Government’s targets are for the number of claims settled in full and the number of interim awards made within different periods after the commencement of the scheme. Sometimes there is a place for targets, and stretch targets at that. To aim high in paying what must for many must be much-needed cash is, in my view, one of those targets.

Finally, the Home Secretary is committed to ensuring that the Home Office delivers

“for each part of the community it serves”.

That is all of us, not only those with whom it has direct contact, but those on whose behalf it acts. We would all like to feel it acted in our name.

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

I thank the noble Lord and the noble Baroness for those points. I join the noble Lord, Lord Rosser, in paying tribute to the Windrush generation, two days on from the anniversary of the arrival of the “Empire Windrush” at Tilbury docks. He referenced the Williams review, an excellent document that is moving in so many ways and which, most importantly, tells the stories of people.

The noble Lord asked about the timescale, the Government having accepted the recommendations. My right honourable friend the Home Secretary made clear yesterday that she will come to Parliament before the Summer Recess to set out in more detail the terms of the implementation of the recommendations. It is good news that she has accepted every single recommendation.

He also asked what the differences were between the various groups—the cross-government working group, the stakeholder advisory group and the Prime Minister’s group. They complement each other. First and foremost, as he articulated, we need action. My right honourable friend the Home Secretary will be co-chairing a cross-government working group, with Bishop Webley as co-chair, and other community leaders who are equally driven to bring about the difference that we want. This is not a single-department issue; it goes right across government. The group will support us in delivering some of the practical solutions on issues spanning education, work and health, in providing that advice on our response to the Windrush Lessons Learned Review, and in upholding our commitment to the Windrush generation.

Noble Lords probably know that the Windrush stakeholder advisory group has always been central to how we have shaped our response in supporting the Windrush generation. Community leaders and groups from across the country have provided invaluable contributions and insights as part of the Windrush stakeholder advisory group, which my right honourable friend the Home Secretary launched last September. They will all complement each other in different ways.

The noble Lord asked about the lower and upper estimate, and whether it was still the same. As far as I know, it is still the same. Obviously there will be a wide range of awards within that, and in terms of whether we are mitigating the risk of litigation, the Home Secretary and I are thinking about it in a totally different way—not of mitigating litigation but of assisting people in getting the awards that they deserve and making the process easy for them. Yesterday, my right honourable friend talked a lot about how some of the cases are quite complex, because they go back many years, across different areas of government and different types of need. It is not about avoiding litigation; it is about making things as easy as possible for people.

The noble Lord also talked about HMRC being an independent arbiter. He is right that the arbiter of this is independent. Regarding work being outsourced, I do not think that it is, but I shall not give a definitive answer now. I will get back to him. He asked how many cases were referred to an independent reviewer. We are encouraging people to have their cases reviewed. Because of the breadth of this compensation scheme, it is not always appreciated how many different areas people can claim in. I cannot give a figure for the average compensation claim; if it is available, I will try to get it.

The noble Baroness, Lady Hamwee, asked whether we can learn about Britain’s colonial history in schools. She was talking about her own history education being confined to a very small area. Mine was confined to the unification of Italy, so I welcome any broadening of children’s history. Schools are autonomous in their ability to expand their curriculum. So much of our history is not only interesting but also frightening in some ways and great in others. As an adult, I regret not having learned more history as a child.

She asked whether this learning process is a “whole of Home Office” process. It is not just whole of Home Office; there is a lesson to be learned across government in weeding out prejudice and bias and ensuring that all people in this country can make the best of their talents and abilities. The Home Office is leading on this, but it is an endeavour for the whole of the Government. I would go further and say that it is a societal endeavour, given what we saw recently with Black Lives Matter.

The noble Baroness also asked about a review of the hostile environment. My right honourable friend the Home Secretary made it very clear yesterday that she accepts that what we have in the immigration landscape is complex. She wants to see a firm but fair immigration system in the future.

The noble Baroness also talked about stretch targets. I see her point, but the Home Secretary does not want to set any targets on where the cap is on money for the scheme. If she was asked for a target, it would be to ensure that every member of the Windrush generation who applied for their compensation gets the full amount that they are entitled to, but otherwise she is not setting targets.

The noble Baroness rightly asked for up-to-date figures on awards made. There are up-to-date figures, which must be quality-assured; they are released every quarter and will be in due course. Those figures will be higher than those I gave today and the Home Secretary gave yesterday. The noble Baroness also asked whether the offers are full and final. As I said to the noble Lord, Lord Rosser, people are being encouraged to ensure that they get the full amount. In many cases, when the offers have been reviewed, the individual has been awarded a higher offer than they originally sought.