Windrush Review

Florence Eshalomi Excerpts

Wednesday 29th June 2022 Westminster Hall

[Kate Osamor]

I thank my hon. Friend for her powerful intervention, and I wholeheartedly agree. I urge the Minister to act now to speed up the process wherever possible by increasing staff numbers and simplifying the decision-making process. The victims of this scandal have been trapped in limbo for long enough. It is time to give them the resolution they are entitled to.

Often, the scheme fails even the lucky few who have received an offer of compensation. The headline figures for compensation may seem like sizeable amounts, but they do not reflect the life-changing trauma that so many experienced. Wrongful imprisonment can lead to an award of just £300 per day of detainment. The headline figure for deportation is £10,000, but for administrative removal the amount drops to £5,000. Claimants who have lost out on potentially years of child benefit or working tax credit are only given just over £1,000—far less than the amount they were wrongly denied. If claimants were denied access to housing, they are given £1,000. Denial of education results in a one-off award of £500. I know of at least one incident in which the total compensation offered to my constituent was less than the total debt they had been forced into as a result of the scandal. How can that be right?

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I thank my hon. Friend for making such a powerful speech. She may recall the Guardian article last week that featured the issue of compensation. It featured my constituent Cuthbert Prospere, who has lost out on years of working and earning because he is still waiting for compensation. Does she agree that many more people continue to be failed on a daily basis and are not able to live their lives because of this issue?

[Kate Osamor]

I thank my hon. Friend for that powerful intervention. I will pick up on that in my speech. I urge the Minister to ensure that the guidance issued to caseworkers on the levels of awards is urgently reviewed by the Home Office. The awards must reflect the life-changing trauma inflicted on victims of the scandal. Those who are not happy with their compensation offer are faced with a so-called appeals process that is neither truly independent nor transparent. Claimants can request a review of a decision by the adjudication officer, but ultimately the Home Office has the right to refuse a decision reached by the adjudicator. The Department is marking its own homework.

Although the number of claimants who request reviews is published, we have no idea how many appeal results have led to increased or reduced offers of compensation. There is no external scrutiny of a process through which we hope to achieve some justice for the Windrush generation. I urge the Minister to make public the outcome of the compensation appeals process, publish appeal outcomes and work to make the process as independent from the Home Office as possible.

Given the concerns I have outlined, it is clear that Windrush compensation is anything but rooted in humanity. In her progress report, Wendy Williams pointed to a lack of empathy on the part of the decision makers and said that caseworkers often fail to signpost vulnerable claimants to services that could offer non-monetary support. The claims are as complex as the humans making them and must be treated as such.

My constituent, Joel, who submitted a claim on behalf of his 89-year-old grandmother, spent 14 months going back and forth with the compensation scheme, repeatedly providing information and evidence that was requested time and time again, until suddenly, for no apparent reason, his caseworker stopped communicating with him. He feared that his grandmother would die without seeing a penny in compensation.

My constituent’s grandmother, who lives in Jamaica, has now received notice that she has been deemed not in a position to be offered any compensation. Joel is an articulate lawyer, familiar with navigating bureaucracy, yet even he was unable to navigate the compensation scheme without my intervention. It is clear that the culture change called for in the lessons learned review has not taken place.

In conclusion, all these failings amount to a second trauma for the victims of the Windrush scandal. They continue to be treated inhumanely, being forced to navigate a compensation scheme not fit for purpose. The scheme has been too slow and does not provide a transparent, independent appeals process.