Windrush Review

Paul Blomfield Excerpts

Wednesday 29th June 2022 Westminster Hall

[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.