Windrush Compensation Scheme

Question

11:06:00

Asked by

To ask His Majesty’s Government what progress has been made with the Windrush Compensation Scheme in settling unpaid claims.

As of the end of October 2024, the amount paid to individuals was over £99 million over 2,826 claims. Over 96% of the 9,322 claims received have now received a final decision—roughly 8,500—or are less than six months old, as just over 500 are. On 8 July 2024 a new single named caseworker process was implemented. This change has streamlined the process, improved consistency, increased transparency and removed duplication that led to avoidable delay.

My Lords, the current Windrush compensation scheme is still too slow, too difficult to access and unfair. At least 53 victims of the scandal, which I prefer to call the Home Office scandal, have died while waiting for their claims to be processed. The impact on those affected has been enormous and traumatic, with long-term consequences for their mental and physical health and financial security. The burden of proof for claimants needs to be reduced. A report by Justice found that providing funding for legal aid would result in savings for the Home Office and reduce caseworker time. Applying to the Home Office for compensation retraumatises applicants; therefore, legal representation creates a buffer as the applicants would not have to deal directly with the Home Office. Has a cost-benefit analysis been carried out on the provision of legal aid for Windrush compensation scheme applicants and, if not, why not?

I pay tribute to the noble Baroness for the work that she has done in raising this consistently, before I came to this House and beyond. The type of campaigning she has undertaken is one of the reasons why the Labour Government put a pledge in their manifesto to both introduce the Windrush commissioner and put some energy into the system, for the very reasons the noble Baroness has mentioned. We have put in £1.5 million to support advocacy groups. The noble Baroness mentioned legal aid, and I know she is meeting Minister Malhotra in early January; I hope the matter can be discussed then. I want to reassure her and the House that there is real energy to make sure that Windrush victims get compensation early and speedily, for the very reasons that she has mentioned, and I will take that commitment back to the Home Office today.

Will my noble friend the Minister reconsider the decision to exclude loss of pension rights from Windrush compensation? The loss of employment and of employment opportunities means that the people affected by the policy have lost significant amounts of their pension rights. Will the Government reconsider that decision?

I am grateful to my noble friend for the question. We will examine the points that he has made, and I will write to him about the detail of the potential Home Office response on that. He needs to be reassured that the Windrush commissioner proposals that we are bringing forward, the £1.5 million we have put in to help with advocacy—as mentioned by the noble Baroness, Lady Benjamin—and the commitment to deliver this scheme quickly are for the whole purpose of recognising the hurt and suffering of Windrush victims, and giving them proper redress for that hurt and loss.

My Lords, the Minister mentioned that it had been significant that a single caseworker had been allocated, and that it had really improved the system. The Windrush compensation scheme is one of many that the Government are running at the moment, such as the Post Office and infected blood. Can the Minister please make sure that he shares the lessons learned across government, particularly with the Cabinet Office, to ensure that people are getting a speedy redress when they are owed compensation by the Government?

I will certainly do that and take that back to pass on to my Cabinet Office colleagues. One of the reasons why the new Government introduced the single named caseworker was in direct response to the type of criticism that the noble Baroness, Lady Benjamin, has brought forward. We hope that it will streamline the process, improve consistency, increase transparency and remove the duplication, because those are the factors that have led to delay. If there is good practice from the Post Office and infected blood compensation schemes, and/or vice versa from this, the Government should self-evidently adopt it and make sure that victims get the justice they deserve at the time they deserve it.

My Lords, I am very grateful that the Minister just referred to the two other schemes that are ongoing at the moment, but victims of those schemes are saying that it is not just about the speed but about the very intrusive and traumatic questions they are being asked, and delay is coming in. Can the Minister ensure that, following the Home Secretary’s reintroduction of the Windrush unit in the Home Office, we will not again see cases like that of Dijoun Jhagroo-Bryan? He is the son of a Windrush victim and submitted paperwork, but the Home Office unit demanded that he also supply a DNA test to prove that he was his father’s son. Some months later, that has now been rescinded, but will the Minister guarantee that this sort of behaviour will never happen again?

If the individual mentioned has had that level of distress, I will apologise from the Dispatch Box for the intrusion into their private life and for the justification for a scheme for which there should have been automatic qualification. The purpose of the Windrush unit—it was disbanded but has been re-established by this new Government—is to tackle the very issues that the noble Baronesses, Lady Benjamin, Lady Brinton and Lady Berridge, and my noble friend Lord Davies of Brixton mentioned. I will take those factors back and we will resolve them. I hope that this House can accept that this Government are committed to putting energy into the scheme, which we will deliver as quickly as possible, and that we will announce a Windrush commissioner shortly. That is a solid manifesto commitment, not just a whim from the Dispatch Box.

My Lords, the Minister rightly said that this scandal has plagued Governments of all colours. Can he explain some of the difficulties that the Home Office’s internal processes face when trying to identify the victims and prove that they are actually victims of this scandal? What is slowing down the process, and what are the Government doing about that?

We have received more than 9,300 claims, and decisions have been made on 8,448 of them. Some claims have been turned down, which means that it is a bureaucratic process by its very nature. People have to prove, difficult though it is, that the issues that have driven them to apply to the scheme are valid, because ultimately this is about using taxpayers’ money for an injustice. There are a number of problems, but we are trying not to worry about what happened previously. We are trying to reset the relationship to ensure that—with the new Windrush scheme, with an independent commissioner and with energy from Ministers to get this driven through—we can resolve this issue in the interests of not only Windrush victims but wider society as a whole.

My Lords, before I ask my question, I wish all noble Lords a happy Christmas and a prosperous and peaceful new year. I congratulate the Government on recognising the contribution that the Windrush generation have made over the years, because they helped to build Britain after the Second World War. The Government funded a commemorative statue at Waterloo station some years ago; I went to see it last year and was really proud of it. Do the Government have any plans to give similar recognition to other minority communities who also played a significant role in helping to build Britain after the Second World War, such as the Sikh communities who helped to keep the West Midlands foundries going?

I second my noble friend’s welcome for Christmas and new year—in fact, I third his welcome, because I think we are all ready for that break in due course. He mentioned the contribution of many people who came to this country from our Commonwealth partners abroad, and who have contributed to building the Britain that I grew up in. It is important that we recognise their contribution. People from both the Sikh community and the Windrush community have helped make the Britain that I am proud of, and I wish them well. I cannot commit to a statue today, but I note his representations and will certainly reflect on them. We hope that, however it is done, the recognition will be made.

My Lords, when I was the Minister responsible for the Windrush compensation scheme, some of the best of the Home Office’s staff worked for it. It is a very impressive team based in Sheffield, and I recommend that the Minister visits its office and sees its work. On that basis, I also welcome the decision to have a single point of contact; I was keen to try to achieve that, so I am very glad that they have managed to do it. What is the current average time for processing a new claim to the Windrush compensation scheme?

The noble Lord has got me there—if he allows me, I will reflect on that. Before I go on the welcome Christmas and new year break, I will make a telephone call to Sheffield and encourage the team to inform him, via me, of that delay in due course. I hope that, between us, we can have a very merry new year and resolve these issues for the noble Baroness, Lady Benjamin, and the others who deserve that recognition and resolution.