Windrush

Debate between Lord Sharpe of Epsom and Lord Bourne of Aberystwyth

Thursday 29th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I will come back to the subject of compensation. I am going to attempt to address all the questions raised in the appropriate order. There is a lot to say and I have only 20 minutes to say it, so I ask noble Lords to bear that in mind when contemplating interventions. I will do my very best.

We have paid over £75 million in compensation. As of December 2023, over 80% of claims received had received a final decision and the majority of live claims were less than six months old. Payments to date include some very significant sums. More than 120 claimants have been paid over £100,000 in compensation. The noble Lord, Lord Ponsonby, asked about the 91% figure given by Laura Farris in the other place. As I said, 80% have had a final decision and 91% have had a final decision or have outstanding claims less than six months old, so that figure is correct.

The noble Baroness, Lady Benjamin, and others raised the question of speed. As I said, the Home Office’s priority is to award the maximum compensation at the earliest point possible. The changes that the Home Office has made to the scheme since its launch mean that people now receive significantly more money more quickly—I referred to the 80% figure. However, in answer to the comments of the noble Lord, Lord Hastings, about blanket amounts, I say that there are 14 different categories and each person’s experiences and circumstances will be different, so it is right that the Home Office takes the time to ensure that each claim is considered and understood carefully, so it can offer people the maximum compensation to which they are entitled. That said, the Home Office continues its efforts to reduce the time it takes to process claims. The length of time that individuals must wait for their claim to be allocated to a substantive decision-maker is now less than four months, down from around 18 months a year ago, and the four-month period includes all essential eligibility checks, together with a preliminary assessment to make an initial payment of £10,000 wherever possible.

The department is committed to ensuring people receive the compensation to which they are entitled, in all cases, including those where, understandably, there is limited documentary evidence. The scheme operates entirely on the balance of probabilities, and decision-makers receive in-depth training to ensure that this approach is applied fairly and consistently. Decision-makers use all the data and information available to them, and exhaust internal and cross-government routes before asking for more information from individuals. The Home Office also gathers information from third parties, paying for this where needed so that costs do not fall to claimants. That can include information from employers, HMRC, GPs and so on. We have a quality assurance team and an independent review process in order to ensure that all decisions are subject to a very high degree of scrutiny.

The compensation scheme was designed to be accessible to anyone, without the need for legal advice or assistance. For those who want or need support to make a claim, the Home Office provides free assistance through its independent claims assistance provider, the We Are Group. It has extensive experience of dealing with isolated and vulnerable people, and the Windrush team is also available on the phone to provide information and to discuss the process. In 2021 and 2022, the Home Office published new claims forms, developed in collaboration with stakeholders, which are simpler and easier to complete. Were our applicants allowed to recover legal costs in applying to the scheme, this may serve to encourage organisations to take advantage of potentially vulnerable people, charging them for unnecessary support.

On feedback and engagement with stakeholders and the community about the effectiveness of the scheme, as evidenced in the changes to the scheme since its inception we have continued that process, because the overhaul to the scheme in December 2020 significantly increased the amount of compensation awarded, and indeed the speed at which it can be paid. In 2021 and 2022, we published revamped claim forms, to which many noble Lords have referred. They were developed in consultation with stakeholders and are easier to complete. They are longer, but they are easier to complete, because they include more targeted and closed questions. The new forms have a Crystal Mark from the Plain English Campaign. As I have said, the changes were made in consultation with stakeholders, including the Windrush National Organisation, key advocates in the community who work collaboratively. Considerable changes were made to the forms while they were being redesigned, but if anybody cares to add to the process and make observations about the forms, the door is open and we are happy to listen.

In 2021, we launched a package of support to help those making, or those who have already made, claims on behalf of a relative who has passed away to obtain the legal documentation required to process their claims. In 2022, we broadened the homelessness category to allow awards to be made to people who were already homeless and then continued to be homeless due to an inability to demonstrate lawful status. We also introduced a fourth “living costs” category for close family member claims for costs incurred while supporting someone who lost their employment or benefits because they were unable to prove their immigration status. Last year, we made changes to the employment category which mean some people will be compensated for longer periods and receive more money, better reflecting their unique circumstances. Whenever changes are made, they are applied retrospectively.

To come back to the points that were raised by the noble Lord, Lord Davies, about why the scheme does not cover loss of employment opportunity, it is because this is a highly speculative issue, stretching across many facets of an individual’s life. The scheme cannot make financial determinations of this nature, since they will vary significantly from individual to individual. They depend on a multitude of factors which will be difficult and timely to assess in a fair and consistent manner.

In answer to the noble Baroness, Lady Burt, and the noble Lord, Lord Davies, the scheme does not cover occupational pensions because of the variable and complex nature of impacts on and future performance of those. However, through employment awards, individuals will recuperate the contributions they would have made into an occupational pension scheme at the time. Processes are also in place so that, where individuals were unable to work because they could not demonstrate their lawful status in the UK, their national insurance record is corrected so that their state pension entitlement is not affected.

On moving the Windrush compensation scheme from the Home Office, the Home Office firmly believes that moving the operation of the compensation scheme would risk significantly delaying vital payments to people. This was reinforced by Professor Martin Levermore, independent adviser to the scheme, in his report published in March 2022.

We continue to work to promote new applications to the scheme, and to engage with and gain the trust of affected communities. The scheme’s engagement team ensures there is regular dialogue with stakeholders from Windrush communities, who provide feedback and scrutiny. The compensation scheme engagement team supports events with external stakeholders from Windrush communities to provide the opportunity to speak to them about the impact the scandal has had on them and on their family’s lives. These engagement events also ensure that individuals and stakeholders get the correct information about the schemes—the Windrush documentation scheme and the Windrush compensation scheme.

Since February 2023, the Windrush compensation scheme engagement team has attended more than 30 events nationwide, including in the West Midlands, Bristol, Nottinghamshire, Yorkshire, Lancashire, Oxfordshire, Northamptonshire, Bedfordshire and London. This week, officials attended an event in Northampton which received positive feedback, commending the informative presentations and the benefit of over 120 conversations with Home Office staff. Events are planned during the first quarter of this year, including in London, Edinburgh, and Nottingham again. We are also looking at opportunities to work with communities in Wales and Ireland. These engagement events ensure that individuals and stakeholders receive accurate information about both schemes, and a large number of such engagements have taken place.

All noble Lords asked about scrutiny of the scheme and how the Home Office considers claims. As I have explained, we have a multilayered review process to ensure the compensation scheme has an appropriate level of external scrutiny. If I may, I will go into detail on those layers. The tier 1 review is conducted by a separate team that has not worked on the claim in question. The tier 2 review is an independent review process with the adjudicator’s office. The independent person, Martin Levermore, to whom I have already referred, regularly engages with officials and publishes annual reports on the scheme. His third report was published on 1 November 2023 on GOV.UK. The Home Office has published a fact sheet and granular transparency data on a monthly basis, which provides detail on a wide variety of aspects of both casework and review. The Home Affairs Select Committee provides external scrutiny and visited the department to scrutinise proceedings. The Home Office has also hosted other stakeholders, such as the Windrush Defenders Legal and the Independent Chief Inspector of Borders and Immigration, on open visits, giving access to Home Office caseworkers.

On the subject of the Windrush programme and the lessons being learned, the Home Office is absolutely determined to deliver on its commitment to righting the wrongs of Windrush. That work continues at pace, and I am not ashamed to use the phrase. As one would expect, and should expect, in any government department organisational structures change over time to ensure that delivery for the public is effective and delivers value for money. It has been decided that responsibility for delivering various Windrush response projects and recommendations will no longer be managed through a dedicated team in the transformation directorate but will instead be embedded in our everyday activities in other parts of the department. I forget who, but someone referred to it as being part of the departmental DNA. I can confirm, albeit anecdotally from my experience, that this is something that is considered in pretty much every aspect of the work that we are currently doing.

Most noble Lords asked about the promises that were made in regard to recommendations 3, 9 and 10. Wendy Williams recognised the scale of the challenge that was set by her 2020 Windrush Lessons Learned Review and applauded the department’s response in rising to the challenge. As the former Home Secretary set out in her WMS of 26 January 2023, she did decide not to proceed with some of the recommendations in the original form. I am afraid I am unable to comment further because there are legal proceedings in train on that particular subject. However, as I have just said, work remains ongoing on the majority of the recommendations, by way of embedding them into the DNA of the department, and that work will not stop.

[Lord Bourne of Aberystwyth (Con)]

I am very interested in the ditching of those key recommendations—most contributors felt that was wrong. Can the Minister confirm that the current Home Secretary will consider reinstating them, whatever the nature of the legal proceedings, as they are a vital part of the Windrush policy?

[Lord Sharpe of Epsom (Con)]

Again, I have to apologise to my noble friend. I would like to answer the question in detail but am unable to as a result of the legal proceedings. However, I will of course make sure that the Home Secretary is well aware of his and the House’s concerns about this matter.

The noble Lord, Lord Davies, asked about overseas engagement, particularly with regard to high commissions. We engaged with UK-based Caribbean high commissioners but we have also worked with British high commissions overseas to raise awareness of this.

The noble Baroness, Lady Bennett of Manor Castle, asked about education, which is incredibly important. On Windrush Day, the Department for Levelling Up launched a set of educational materials, which were uploaded to the National Windrush Monument website as part of the monument’s legacy programmes.

I have to confess that I have not read the book from the noble Baroness, Lady Benjamin—I will—but perhaps, as book recommendations are being handed out, I should also commend one from my noble friend Lord Popat, A British Subject, which is a very good read on this topic as well. I am more than happy to meet the noble Baroness, Lady Benjamin, at any time. Just to be fair to my predecessor, my noble friend Lord Murray attended two Windrush National Organisation conferences, so he did make himself available.

The Windrush story is one of the most powerful and uplifting in our country’s history. The people who arrived on that day in the middle of the 20th century and their subsequent generations have contributed so much across so many areas of our society, as has been noted by all speakers. That they would go on to suffer as they did is a source of profound sadness to them and us all—and shame. We owe it to them to put it right and significant progress has been made, as I hope I have set out. But the job is not done and noble Lords have my assurance that the Government’s determination to right those wrongs is undimmed.