Commons Sense

House of Commons · Westminster Hall

Windrush Compensation Scheme

03 March 2022 · 3 other contributors · 12,889 words

Opened by Diana R. Johnson Lab Kingston upon Hull North and Cottingham

Responding minister: Kevin Foster

ImmigrationBenefits & Welfare

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Diana R. Johnson raised concerns about windrush compensation scheme in Westminster Hall. A government minister responded.

Key points

  • The vast majority of Windrush scheme applicants have not received compensation as of December 2021, with only 940 out of 3,387 claims paid.
  • Two individuals highlighted in the debate experienced job loss and financial hardship due to wrongful classification as illegal immigrants under the Windrush scheme.
  • The National Audit Office criticises the scheme, noting that only about 20% of eligible individuals had applied for compensation by January 2023, with fewer than 10% receiving compensation.

Key requests to Government

The lead MP asks the Minister to provide an update on progress with campaigns targeting non-Caribbean Commonwealth communities, confirm when the first data release will occur, announce the date of the next face-to-face engagement event, reconsider transferring the scheme to an independent organisation if distrust persists, and address concerns about compensation for impact on life, loss of employment, and pension. The Labour party calls for the compensation scheme to be placed in the hands of an independent body away from the Home Office to restore faith in the process and ensure quick delivery of compensation. I ask the Minister to provide updated figures on applications and explain what is being done to encourage more victims to come forward.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Diana R. Johnson Lab Kingston upon Hull North and Cottingham

The vast majority of people who have applied for compensation from the Windrush scheme have yet to receive a penny, leading some to experience further trauma rather than redress. Only 3,387 applications were received by the end of December 2021, with only 940 claims receiving payment. Two heartbreaking accounts are highlighted: Anthony Williams was wrongly classed as an illegal immigrant and sacked in 2013; Glenda Caesar was incorrectly dismissed from her job in 2009 and denied unemployment benefits for a decade. Despite some positive recommendations on outreach, the Home Office's response is criticised for its inadequacies and lack of engagement. The Windrush generation have been failed by the Conservative Government's hostile environment programme and subsequent delays in delivering compensation. The National Audit Office has criticised the scheme, with only about 20% of eligible individuals having applied for compensation by January 2023, and fewer than 10% receiving any compensation at all. Some victims have died before receiving their due, highlighting the need for an overhaul.

Other contributors (3)
  • Diane Abbott Ind Hackney North and Stoke Newington

    Diane Abbott highlighted the emotional trauma experienced by the Windrush generation due to unfair treatment and the complexity of the compensation scheme. She criticized the Home Office for ignoring recommendations, prolonging processes that lead to delays in justice, and rejecting practical suggestions from experts and claimants. Abbott also pointed out that many potential claimants have died without receiving compensation, emphasizing the need for an independent organisation to handle the scheme more efficiently. The Minister has shared the total sum paid in compensation but did not specify how many claimants that represents.

  • Jim Shannon DUP Strangford

    Jim Shannon supports the recommendations in the report and emphasizes the need for a compensation scheme that is easily understood and accessible. He highlights concerns about the small percentage of eligible claimants who have applied and received compensation, suggesting families of those 23 individuals who died without receiving compensation should also be considered. Shannon calls for the removal of the formal end date to reach out to the remaining 13,800 eligible people and offer them support in a streamlined format. Inquiring if the experiences of successful claimants out of 900 can help encourage others, particularly those from non-Caribbean countries, to engage with the scheme.

  • Stuart McDonald SNP Glasgow South

    McDonald acknowledged the work of victims and campaigners for justice, expressing concern about low numbers of eligible claimants despite high potential victims. He questioned why fewer people are seeking compensation through a department that has caused them distress. McDonald urged the Home Office to move the scheme away from itself if it cannot gain full trust or risk further delays in delivering redress. He highlighted issues with outreach efforts and called for more detailed work on publicity and attention towards non-Caribbean Commonwealth victims. Concerning the complexity of the compensation scheme, he requested assurance that changes to proof requirements are making a difference and suggested legal aid availability for claimants. McDonald also raised concerns about slow processing times, high rejection rates, and insufficiently compensated heads of claim. Asked about assurances that changes made are making a difference in practice, as evidence suggests it has not improved much. Highlighted the recommendation for looking at a sample of cases. I question whether there has been an increase recently in people being offered zero compensation and ask for clarity on why this might be happening.

Government Response

Kevin Foster

It is a pleasure to serve under the chairship of Dame Angela Eagle. The Government are determined to ensure that everyone who suffered due to their inability to demonstrate lawful status in the UK receives every penny of compensation to which they are entitled, and we have paid more than £43 million in total. The minister acknowledged the constructive challenges raised by other Members and welcomed the Home Affairs Committee's report on the scheme. They highlighted significant progress with changes made last year that resulted in higher awards being made, including a single award of over £260,000 recently. Additionally, the Government are rapidly increasing the size of their casework team to 120 by spring and continue to look closely at further improvements to the design of the scheme. The minister mentioned efforts to promote new applications through community engagement, national communications campaigns, and relaunching face-to-face work imminently. He confirmed that individuals who were left without a home or suffered due to poor standards of accommodation will receive full compensation. The Government are also reviewing rules on mitigation of loss and working with independent experts to ensure applicants have access to free assistance in making claims.

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