2 days ago
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The Windrush commissioner has demanded “urgent reform” of the compensation scheme after being told by survivors that “the Home Office is waiting for us to die off”.
In a letter seen by the Guardian addressed to migration and equalities minister, Seema Malhotra, and shared with home secretary Yvette Cooper, Rev Clive Foster says it is “deeply concerning” that 66 people have died while waiting for compensation for the Windrush scandal.
The scheme, launched in 2019, has been criticised for delays and knockbacks, with the Labour government repeatedly committing to ensure survivors are paid quickly.
Foster, who became Windrush commissioner in June, told Malhotra he had “positive feedback” about her personal commitment and that there had been recent improvements, but survivors “continue to tell me about long waits, unclear outcomes, and the emotional toll of navigating a process that feels opaque and unjust”.
Making a series of recommendations to government on delivery, Foster added: “Given the age and health of many people affected by the scandal, reform is a matter of urgency. Justice must be delivered in their lifetimes.
“A phrase I’ve heard repeatedly from community members is that ‘the Home Office is waiting for us to die off’. While I don’t share this view, I believe it’s important that you hear it directly as it reflects the challenge you face in building trust.”
Calling for better support for survivors, Foster recommends that the application process is reformed to make it “trauma-informed” and accessible and says compensation should be made for pension and future earnings losses.
He suggests the risk that people die before being compensated could be reduced by making partial payments to people awaiting a review, with cases prioritised by age and health.
He also calls for performance indicators for the scheme, including average processing times and satisfaction levels, to be published.
The government set up a £1.5m “advocacy” fund in April to support survivors, but campaigners are calling for legal aid.
Amid concern about survivors being refused compensation or receiving desultory offers – before, in some cases, significant increases after legal advice – Foster raises questions over the advocacy scheme’s funding, recommending an independent review of “nil awards, compensation uplifts, and longstanding claims”.
He said: “Applicants I’ve spoken to have described the application process as overwhelming and re-traumatising … from insensitive communication and the difficulty of obtaining proof of harm, to the emotional impact of receiving nil awards.”
Foster also describes “serious concerns” raised with him in England and Wales about Windrush survivors who remain stranded abroad, an issue he says he has raised with Alicia Herbert, the new British high commissioner to Jamaica and the UK Labour African Network.
Foster describes the “lack of support for individuals overseas” as “especially troubling” in light of the case of George Lee, who until recently, was stranded in Poland for 28 years after being told he was not entitled to return to the UK and, since coming back, faces “significant challenges in rebuilding his life”.
Foster also refers to Hannah Dankwa, an 81-year-old British citizen who was stranded in Ghana in ill health, with officials now understood to have decided to issue her with an emergency travel document, a case which he said had led to “a lot of anger” and concerns Home Office culture has “yet to change”.
Foster says Cooper had pledged a “rapid review” of pension losses suffered by Windrush survivors. In his letter, he says it’s been “nearly a year” since the promise, requesting an “urgent update on progress”.
He added that survivors had faced “long-term economic hardship” through the loss of pensions and being forced out of work, which had not been “adequately reflected in current compensation awards”.
A government source said “immediate work” was being commissioned on points raised by Foster, while a Home Office spokesperson said Foster’s appointment was intended to “drive lasting change across government”, with the department “determined” to right the wrongs of the scandal.
They added: “We thank Rev Foster for his initial recommendations, many of which we are already implementing, and ministers will meet with him shortly to discuss further improvements to our schemes.”
