Windrush 'compensation' risks adding serious insult to serious injury

Sajid Javid, the home secretary, promised to make things right by the victims of the so-called Windrush scandal. He now has his chance to live up to the promise – but the much-needed and welcome compensation scheme announced on Wednesday has some potentially serious flaws.

Guidance, which runs to 45 pages, details all the documents that the people affected will have to present to apply for compensation for the hardships they have endured over many years: loss of jobs and income, debt, homelessness, stress, physical and mental health problems, detention and even deportation.

The fundamental problems within the Home Office that contributed to the Windrush scandal in the first place – the disproportionate amount of evidence required, the difficulties of application processes and the lack of support for completing applications – appear to be reflected once again in this scheme. Not to mention the continuing “hostile environment” that generates a culture of disbelief and antagonism towards applicants.

There is no legal aid being made available to provide specialist support to fill in the lengthy application form, help people quantify their losses or track down the evidence required. The burden of proof is still disproportionately placed on the individual. To access compensation, people are again required to provide evidence that might not exist – for example, to prove their attempts to contact the Home Office to resolve the problems that the Home Office was itself responsible for creating. The cost of applications to the Home Office to secure some form of evidence of status – in the face of its refusal to recognise their existing rights – will not be reimbursed, though they can cost individuals hundreds or even thousands of pounds in fees (and debt).

In some cases, the level of compensation will be capped – £10,000 is the fixed sum for having been deported, despite the enormous impact that would have had on someone’s life. In the case of young people born in the UK who were denied the opportunity to take up a university place because of questions about their parents’ status, the compensation will be just £500 – how is this supposed to compensate for the long-term impact of that denial in terms of potential lost career, life experience, social status and earning potential? There are other worrying omissions and caveats in the detail and, most worrying of all, there is no proper appeal process.

In order to finally right the wrongs of the Windrush scandal, a profound change in Home Office policy and working culture is needed. The operation of the interim hardship scheme – accessed by only nine people, despite the thousands of people in continuing need – is an example that good intentions can fail abjectly in the implementation.

While the compensation scheme is welcome overall, the process must be fair and accessible. As it stands, the new compensation scheme for victims of the Windrush scandal risks adding serious insult to serious injury.

Sally Daghlian OBE, Praxis CEO

This piece has been published by The Guardian here.