In 2018, hundreds of individuals were placed in immigration detention, lost their jobs and homes, and were threatened with removal, with many others deported to countries they hadn’t resided in since childhood.

Despite the initial estimate of around 15,000 people being eligible for compensation, as of the end of September 2021 only 864 people have received compensation payments.

Key recommendations of the report, which has been prepared by an independent JUSTICE working group led by Robert Thomas, professor of public law at the University of Manchester, include:

• The need for independence and accountability: including the scheme being moved from the Home Office, preferably to an organisation independent of the government; and greater accountability and transparency of the publication of findings from independent reviewers.
• Funded legal representation for claimants: funding should be made available for legal representation for all successful claimants via (a) legal aid and/or (b) funding provided under the scheme.
• Training and quality assurance for caseworkers: further training and guidance to be provided to caseworkers on decision-making, communication with vulnerable people, mental health, and cultural understanding of people from different communities. In addition, better quality assurance is required to prevent errors.
• Improved communication with claimants: including use of video guides, correspondence which is easier to understand, regular progress reports on the progress of a claim, and claimants to be treated with humanity, dignity and respect.
  Calculation of losses: rules to be amended to ensure that the compensation received by claimants reflects all the losses they have suffered; pension losses to be included in the loss of earnings category; an increase in compensation for homelessness; and a further level to be considered for the impact on life tariff.
• Raising awareness of the scheme: a targeted publicity campaign to reach out to affected communities and grass roots organisations should be commissioned to raise awareness of the Scheme and help build trust with claimants.
  A more coherent and efficient appeals and complaints system: including the right of appeal against compensation decisions to a Tribunal; a complaints mechanism to the Independent case examiner; and powers to enable the ombudsman to investigate maladministration by the Home Office.

Professor Thomas said: “We have real concerns about its operation that can mean people who have suffered real harm because of the Windrush scandal are not able to get compensation. With an expert team of stakeholders - including members of the Windrush generation harmed by the scandal - we have produced a set of informed recommendations designed to resolve many of the problems with the compensation scheme.”

JUSTICE’s acting legal director, Stephanie Needleman said: “The Windrush compensation scheme should provide a valuable lifeline for those who have suffered losses and hardships, however, there are concerning weaknesses in the Scheme’s current administrative and procedural processes. Through these recommendations, we hope to see structural changes to improve processes, ensuring that who have suffered are treated with dignity and receive the compensation they are due.”