Windrush Compensation Scheme

Baroness Benjamin Excerpts

Tuesday 2nd June 2026 Lords Chamber

Asked by

[Baroness Benjamin]

To ask His Majesty’s Government what plans they have to tackle inconsistent decision-making for victims under the Windrush Compensation Scheme.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, up to March 2026 more than £127 million has been paid out by the Government following claims. All claims are considered individually against the published rules. Caseworkers receive comprehensive training and decisions are subject to robust quality assurance. Anybody who is unhappy about the outcome of their claim can access a free review process, including review by an independent adjudicator, and we use feedback to continuously improve decision-making.

[Baroness Benjamin (LD)]

I thank the Minister for his Answer, but Windrush victims have raised serious ongoing issues around inconsistent decision-making within the compensation scheme, even between siblings, including misinterpretation of evidence, inadequate support and lack of independence. The continued use of the term “immigrants” to describe those affected, rather than recognising them as British nationals, has wider implications for how cases are understood and handled, and undervalues the non-financial harms and loss of opportunities and security. The scheme is too complex for unrepresented applicants, who are undercompensated compared with claimants with lawyers, who receive much higher awards—£11,400 compared with £83,200 for the same claim. Could more funding be directed towards legal support, as with other state compensation schemes, to clear up this shocking injustice? Is the Windrush commissioner, who is supposed to be supporting Windrush victims, aware of these concerns?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness. First, the Windrush commissioner is in regular engagement and discussion with Ministers around issues of concern, and since January 2026 we have made some significant changes to the scheme as a result of representations from the commissioner. The noble Baroness mentions legal representation. We have a dedicated helpline. We give claim form guidance. We have free practical support for claimants’ assistance. We have put £1.5 million into a free advocacy support system. We also have limited legal support of up to £1,500 to obtain probate to submit a claim as a representative of a Windrush claimant’s estate. They are British citizens and they deserve our support. We want to ensure that we have a fair and equitable system, and I will happily take representations from the noble Baroness on any issues if she feels there are concerns.