Windrush victims to be paid compensation upfront under new government plans

The Home Office has unveiled new reforms to the Windrush compensation scheme to prioritise over-75s and grant advance payments during compensation reviews.

Older and more vulnerable claimants will now be prioritised in a new allocation system, building on an existing policy to prioritise those with serious health conditions.

The Home Office will also grant advance payments of up to 75 per cent during compensation reviews and workplace and personal pension losses will be covered in the scheme for the first time.

Campaigners have welcomed some of the changes, but warned that the reforms are not going far enough in tackling the root problem.

Speaking to The Independent, Mike Tapp, minister for migration and citizenship, said: “The Home Office Windrush scandal remains one of the most shameful events in this country’s recent history. British citizens who had built their lives here and contributed to our communities for decades were wrongly treated as though they had no right to be in their own home.

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“People lost their jobs, homes, and access to healthcare, while some were wrongly deported from the country they had called home since childhood. The harm caused was immense, and it was entirely avoidable. “

In the 1960s, the “Windrush generation” – British citizens mainly from Caribbean and West Indies colonies – were brought to the UK, to fill a shortage of jobs and rebuild the country post-Second World War. The government at the time failed to keep track of appropriate documentation of their legal migration and citizenship.

Since then, the livelihoods of these citizens have been turned upside down with more than 83 cases of people facing deportation, wrongful detainments and some even made homeless.

Mr Tapp said: "The reforms which come into force today mark a turning point in how we deliver justice to those affected.”

He added: “We must ensure everyone receives justice while they can still benefit from it.” Campaigners have warned that people have been dying before being able to claim proper compensation.

“I am determined to right the wrongs of the past, and I urge anyone who believes they are eligible to submit a claim today. I will not rest until every person affected by this scandal receives the justice they deserve,” Mr Tapp said.

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Windrush claimants who challenge their compensation decision will no longer face lengthy waiting times with no results, and can now receive up to three-quarters of their expected final award while their review is being completed, the government has said.

Until now, victims have been unable to claim for the direct financial impact of being prevented from working and pension schemes. From today, both workplace and personal pension losses are now eligible for compensation.

The government also seeks to rectify Windrush generation members who were forced to drain their retirement savings when they lost their jobs or could not access public services by qualifying those withdrawals for appeal.

Additionally, all immigration fees paid by people unable to prove their status will also be refunded. The scheme will seek to reflect wage inflation and the difficulty of returning to work after prolonged periods of unemployment.

The new improvements will apply retrospectively, benefiting existing claimants as well as new applicants.

This week, the government announced that £600,000 is now available under the second year of the Windrush Compensation Advocacy Support Fund, which launched last April. This will grant community organisations funding to support victims through the compensation process.

So far, the scheme has offered £128m to 3,842 claimants, with over 94 per cent of cases now concluded.

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The changes are in response to recommendations made by Windrush commissioner Reverend Clive Foster, who has been addressing longstanding concerns from the Windrush community about excessive bureaucracy when attempting to claim compensation.

Rev Foster said: “I welcome these changes, which respond to recommendations I made after listening to those affected by the Home Office Windrush scandal and their experiences with the compensation scheme.

“The introduction of advance compensation payments at the review stage, and compensation for financial losses, tackles issues I have consistently raised on behalf of survivors. It means people will receive more money, faster, reflecting the hardships they’ve endured. Prioritising older claimants will also help deliver decisions sooner for those who sadly do not have time on their side.

“What matters most now that these changes are implemented effectively and make a real difference for claimants. I will continue working closely with the department to press for further improvements, so the scheme delivers fairness, dignity, and justice for the people it was designed to serve.”

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Colin McFarlane, actor and founder of Justice 4 Windrush, spoke to The Independent about the reforms: “It’s nice to see that they’re making some positive moves, but it’s still in the scheme of things, not dealing with the problem.”

He said that 60 per cent of people are still getting nil awards, so they were sceptical about how granting them three-quarters of their end award would work. Mr McFarlane also made the point that the majority of claimants are under 75, so the scheme would now not be catering for the majority of compensation victims.

He said: “The frustration for Windrush victims is the solution is actually relatively simple. Provide legal aid to all Windrush victims and act on the 30 recommendations from the Wendy Williams Lessons Learned Review, if the government are deadly serious about justice for the Windrush generation. That’s what they’d do tomorrow.”

The Wendy Williams Lessons Learned review states: “The Home Office must acknowledge the wrong which has been done; it must open itself up to greater external scrutiny; and it must change its culture to recognise that migration and wider Home Office policy is about people and, whatever its objective, should be rooted in humanity.”