Windrush Review

Kate Osamor Excerpts

Wednesday 29th June 2022 Westminster Hall

[Kate Osamor (Edmonton) (Lab/Co-op)]

I beg to move,

That this House has considered Wendy Williams’ Windrush Lessons Learned Review progress update.

It is a pleasure to serve under your chairpersonship for the first time, Ms McVey. I will endeavour to keep my comments as brief as possible, but you know MPs find that difficult.

I want to talk about Wendy Williams’ progress update following her “Windrush Lessons Learned Review”, published in 2020. More than five years have passed since a steady stream of constituents began approaching me who realised that they or someone in their family had been victims of the Windrush scandal. Some were from families who had been torn apart, with a father or mother wrongly deported. Others had been falsely imprisoned, lost their jobs and homes and were denied medical care and access to benefits. They all suffered at the hands of a Government that dehumanised them as they tried to implement the hostile environment policy at all costs. They were British citizens who had been asked to jump over impossible hurdles to prove their status and, having failed to do so, endured incredible cruelty at the hands of the Home Office.

Five years later, the media, some politicians and the Government have largely moved on, but many victims have been unable to, with only a small minority having received a personal apology from the Home Office or any compensation. Most of those affected by this terrible scandal are still waiting for any kind of justice. For most victims, the compensation scheme is the most visible response to the scandal and their path to a resolution. However, rather than delivering justice for victims, the scheme has been so mismanaged that it has become an extension of the scandal itself.

In her 2020 progress report, Wendy Williams stated that her recommendations boiled down to three factors, including that the Home Office should open up to “greater external scrutiny” and recognise that migration policy is “about people” and “rooted in humanity.” It is clear that the compensation scheme has failed to meet those challenges, being described in the progress report by claimants as “traumatic”, chaotic, “very stressful” and a “game of back and forth”.

The most notable failure of the compensation scheme has been the painfully slow progress of cases—so slow, in fact, that at least 28 people have now tragically died without ever having received any compensation offer. At least 28 victims will never get the justice they deserve. For most, the process has been slow, lengthy and painful. Often, they are given few updates and have little to no under-standing of how their claims are progressing. Incredibly, only one in four applicants has received any compensation, and fewer than 7% of the 15,000 compensation claims the Government originally expected have been paid.

For one of my constituents, waiting for a compensation offer took more than two years. In that time, he was forced into more and more debt. His son died tragically, having passed away in his sleep. While he was awaiting a decision, he was unable to even bury his son. His experience is not unique. In her progress report, Wendy Williams highlights the timeliness of compensation payments as one of the main concerns raised by those she consulted. The Home Office must listen to Wendy Williams and the victims of this scandal. I urge the Minister act now to speed up the process.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

I thank my hon. Friend the Member for Edmonton (Kate Osamor) for securing this important debate. I echo her points; Wendy Williams has said that the process is slow. Other issues raised with me include how poorly trained the advisers are, which is causing issues. As well as being slow, the scheme lacks independence and is not paying costs quickly. Does my hon. Friend agree that this is further evidence of putting a broken system ahead of those who are dying without redress? The Government need to take this issue seriously and implement Wendy Williams’ recommendations. Not only has she done the report on lessons learned, but she did a progress report earlier this year, and the Government are still failing to implement those recommendations. We do not have the time; people need the support right now.

[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.

[Paul Blomfield (Sheffield Central) (Lab)]

My hon. Friend is making a powerful case about the way the scheme has been mishandled and about compensation. Will she forgive me if I ask about a policy issue arising from the Williams review? She mentioned Williams’ statement that migration policy should be about people. One issue in the discussion was the treatment of those who came to the UK as small children—or were even born here without citizenship—and who grew up here, were schooled here and shaped here, and were then deported as adults.

In his review of immigration detention, conducted for the Home Office, Stephen Shaw recommended that the Home Office should no longer seek to remove those who were born in the UK or had been brought up here from an early age. There are countless examples, of which my hon. Friend will be aware. I tabled an amendment to the Nationality and Borders Bill to prevent the deportation of those who arrived here before they had reached the age of criminal responsibility; obviously, the Government rejected that. Does my hon. Friend agree that the UK has a responsibility to those who have never, in practical terms, known another country, and for whom the UK has been home from before they reached the age of criminal liability?

[Kate Osamor]

My hon. Friend will not be surprised that I agree wholeheartedly with everything he just said. Wendy Williams’ report highlighted the fact that Home Office policies are not rooted in humanity. They do not reflect a caring society; people who have lived here all their lives are no longer welcome by a click of the finger. We need to change that, and we are now in a position to do so. The Home Office is actually in a position to make a difference and a change, to help those people who need it now.

There are so many people watching this, or stuck in the Caribbean or west Africa, who cannot get back into this country because they are not deemed British, even though they have lived here all their lives. In many instances, they actually have passports but cannot get into the country. We need to look at this wholeheartedly. The Windrush generation and scandal is one part of it, but the hostile environment is overarching and overbearing. It dictates the way that the Home Office responds to people who are, let us be honest, very vulnerable. They need our support right now; they cannot wait. They have waited long enough.

Unfortunately, we are where we are, which is why this debate is important. Claimants must be offered a complete package, not only guidance and advice. We also need the Department to reach out to those victims who have not come forward. I am not surprised they have not come forward if they have seen how those who have come forward have been treated.

The Government must look at the damage they have done. They need to fix the compensation scheme or hand it to an organisation that can deliver it, and give justice to those who need it. The Windrush generation need us to step in for them now. The Windrush generation need us to ensure all the damage and everything that they have been through is righted. At this point, it has not been, which is an injustice. We must look at everybody as a victim and make a difference for them.

[Esther McVey (in the Chair)]

Order. We will come to the Front Benchers no later than 3.30 pm. It does not look as though I will need to set speech limitations just yet. Minister, please do not forget to leave some time for Kate Osamor to wind up.

[Marsha De Cordova (Battersea) (Lab)]

I congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important and timely debate. Just last week, we celebrated Windrush Day: it is 74 years since the Empire Windrush arrived at Tilbury docks. I had the wonderful opportunity of celebrating with my constituents, including many of those from the Windrush generation, at the Balham & Tooting Sports & Social Club.

The Windrush generation—including my grandparents, who travelled from Jamaica—were invited here to help to rebuild this country after the second world war and to work in the newly formed national health service. The Windrush generation were British citizens when they arrived here. Their contributions to rebuilding our country and its infrastructure have been invaluable. That is why the treatment they have received from successive Governments—not least in respect of the Windrush scandal—is such a stain on this country. We are here to discuss that scandal because, as a result of it, Wendy Williams conducted her lessons learned review and the update that has followed. The Windrush generation have been and continue to be treated in a way that does not compare with the many sacrifices they made to help to rebuild our country. Unfortunately, with this scandal, the racism and discrimination they experienced when they arrived here remains today.

Over the past 12 years, we have seen the hostile environment, with policies introduced as part of the Immigration Act 2014 and the Immigration Act 2016, many of which meant that people could access support and public services only if they were able to prove their status. Subsequently, thousands of people from the Windrush generation were denied access to public services, stretching from housing, with many people ending up homeless, to access to social security, with many ending up in destitution. Sadly, for those who were unable to prove their status, those policies led to devastating consequences. Many people who had spent their whole lives in this country—working, paying their taxes and making a valuable contribution—but who were unable to prove their status ended up homeless. Many were deported to countries they had not been back to for 10, 20, 30 or 40 years. In some cases, as we have heard, people died as a result of this scandal.

It is vital to recognise the role that institutional and structural racism has played in this scandal. I believe that it happened only because many of these people were black and brown and because of the countries they had come from. No one can deny or dismiss that fact; it is proven.

The Government chose not to recognise this scandal until it became unavoidable. It did not just happen overnight; the Government were warned about it many years ago. It took campaigning, pressure from the victims of the scandal and from MPs, including my right hon. Friends the Members for Tottenham (Mr Lammy) and for Edmonton—

[Kate Osamor]

I am not right hon. yet!

[Marsha De Cordova]

She is soon to be right hon. [Laughter.]

It took many activists campaigning for justice. I first came to this place in 2017, and within a year, the scandal did really hit. I had to stand up in the Chamber and make so many representations for my constituents who were caught up in this scandal and genuinely could not believe what was happening.

Despite the impact of those cruel and inhumane policies, I do not think the Government have really learned the lessons of the scandal, because if they had, they would not have passed the inhumane Nationality and Borders Act 2022. What have they actually learned? If they had learned the lessons of Windrush, we would not have seen so many people waiting for compensation from the scheme. We know that many, many people have not received compensation and that when people do, it is so small that it really does not amount to much or compensate them for what they have endured. We also know that many people have lost their life before even receiving compensation.

--- Later in debate ---

[Kate Osamor]

I want to thank everyone for their powerful contributions, for speaking up for the voiceless and for supporting the Windrush generation. The Minister will not be surprised that I am not happy with a lot of the things he said, based on the fact that Wendy Williams has made it clear that the Department has overstated the progress made and closed some recommendations prematurely. It shows that the report has not landed well and is still not being taken seriously. The scheme is too slow and victims are still waiting for compensation. Not until we see more victims getting compensation will the other victims who are not coming forward start to come forward. We need to look at the Department and understand why it is not working. Wendy Williams has made it very clear. I ask the Minister to take the report as something that will only help, not hinder, the Department.

Again, I thank everyone for their contributions. I want the Windrush generation to know that we will continue to speak up for them until justice is done.

Motion lapsed (Standing Order No. 10(6)).