Greater, faster compensation for Windrush victims

LONDON:

The Windrush Compensation Scheme got a well-needed boost last week when the UK Home Office announced that thousands of people affected by the 2017 Windrush scandal will see greater compensation, and claims processed quicker under reforms.

Under the new programme of changes to the Compensation Scheme, which was launched in 2019, advance payments of up to 75 per cent will be available during compensation reviews; workplace and personal pension losses will now be covered for the first time; and claimants over the age of 75 will be prioritised.

In addition, Windrush generation members who were forced to drain their retirement savings when they lost their jobs or could not access public services will now be able to have these withdrawals qualify for redress.

The changes are in response to recommendations from the Windrush Commissioner, Reverend Clive Foster MBE, following consultations with the Home Office and also addresses long-standing concerns from the Windrush community about excessive bureaucracy delaying them from receiving deserved compensation.

Reverend Clive Foster said: “I welcome these changes, which respond to recommendations I made after listening to those affected by the Home Office Windrush scandal and their experiences with the Compensation Scheme.

“The introduction of advance compensation payments at the review stage, and compensation for financial losses, tackles issues I have consistently raised on behalf of survivors. It means people will receive more money, faster, reflecting the hardships they’ve endured. Prioritising older claimants will also help deliver decisions sooner for those who sadly do not have time on their side.

“What matters most now that these changes are implemented effectively and make a real difference for claimants. I will continue working closely with the department to press for further improvements, so the scheme delivers fairness, dignity, and justice for the people it was designed to serve.”

Home Office Minister Mike Tapp MP, who penned an exclusive response to the changes for this newspaper, said the changes are a significant step to right those wrongs by transforming how the government compensate those who suffered.

He said: “For too long, victims who challenged their compensation decisions faced agonising waits with nothing in their pockets. That ends now. I want all victims to receive justice and I urge anyone who believes they suffered due to an inability to demonstrate their lawful status to submit a claim.”

The Home Office announcement of the overhall to the Windrush Compensation Scheme effective from January 14, states that claimants who challenge their compensation decision will no longer face lengthy waits with nothing. They can now receive up to three-quarters of their expected final award while their review is being completed.

Victims who have been unable to claim for the direct financial impact of being unable to pay into workplace or personal pensions during years of being prevented from working are now eligible for compensation.

Windrush generation members who were forced to drain their retirement savings when they lost their jobs or could not access public services will now qualify for redress.

Older and more vulnerable claimants will benefit from a new priority allocation system. Claims from anyone aged 75 or over will be prioritised. This is in addition to the existing prioritisation given to those living with a serious health condition, ensuring that every victim receives justice.

All immigration fees paid by people unable to prove their status will also be refunded. The scheme will reflect wage inflation and the difficulty of returning to work after prolonged unemployment.

All improvements will apply retrospectively to the benefit of existing claimants as well as new applicants.

The Windrush scandal began to surface in 2017 after it emerged hundreds of British citizens, many who came to the UK from the Caribbean between 1948 and 1973 had been wrongly detained, deported and denied legal rights. Many lost homes and jobs and were denied access to healthcare and benefits.

Campaigners challenged these actions and it later emerged that the Home Office illegally sought to remove many members of the Windrush generation under its ‘hostile environment’ policy by telling them that they had no right to be in the UK.

The Windrush Compensation Scheme was launched in 2019 by the Home Office as part of a set of measures to ‘right the wrongs’ experienced by the Windrush generation and their families. However, claims were bogged down with bureaucracy and a complicated application process, leaving only a small fraction of the thousands affected compensated.

The Compensation Scheme has undergone many reviews since it was launched and last week’s announcements of further changes are the latest since the appointment of the Windrush Commissioner last year.

The Home Office states that to date, the scheme has offered £128 million to 3,842 claimants, with over 94 per cent of cases now concluded.