Back in April 2018, when I launched my petition for justice for the Windrush Generation, one of the key components of my demands was that the government provide compensation for the loss and hurt suffered by thousands of victims.
Theresa May later apologised for the scandal (although we’re still waiting on one for her hostile environment policy) and Amber Rudd lost her job as Home Secretary. Sajid Javid was appointed as her replacement and promised, with his son-of-a-bus-driver migration story and black power parlance to ‘write the wrongs’ of the scandal.
He appointed Martin Forde QC as an independent adviser to devise a compensation package. Between May and November 2018, there have been two consultations by the Home Office on the compensation scheme, and what became increasingly clear between the two was that the government was starting to back track. The Home Office stated that both minimum and maximum claims could be set to reduce administration costs and prevent what it called ‘disproportionately high’ payments to individuals. The language and tone of ‘generous pay-outs’ and ‘windfalls’ were jumped on by the media, with The Sun, Daily Mail and Taxpayers Alliance all waiting in the wings to criticise the payments. This, despite many Windrush survivors being forced out of work, unable to claim welfare and even detained due to their immigration status.
The government has since u-turned on introducing a cap but its very proposal in the first place questions the value, merit and transparency of the government apologies and undermines its commitment to resolve this issue. It shows a refusal to acknowledge the affected individuals and families that have been traumatised as a result of the scandal and the ongoing hostile environment.
The Windrush generation and their descendants, along with many others from the Commonwealth, have paid taxes and contributed to the wealth, prosperity and cultural identity of this country since World War Two. It is only fair and proper that the government should have a compensation scheme, which recognises and values all emotional and monetary loss and its impact on family life on a case by case basis – a scheme that civil courts will consider commensurate to the suffering and treatment of the victims by the government in denying them their rights as British citizens.
At a private launch of the scheme this week, Sajid Javid again apologised for the treatment of the Windrush generation and announced there would be no cap to payments and upwards of £200m to cover the costs and losses incurred by the victims of the policy. He also acknowledged that the estates of deceased victims could apply, and people overseas were entitled to claim.
The scheme is now online, and it is important that many people apply.
But after 12 months of campaigning, only time will tell if the government has been able to ‘write the wrongs’ inflicted on the Windrush generation and their descendants. Like with all governments, we need to read the small print. Several lawyers have already spotted discrepancies in the guidance. Also, the government are using criminal convictions to restrict claims, which is a major issue of concern. There needs to be a major media campaign, using the right language, on the same footing as the recent EU settled status campaign. There should be no time limits to claim, and support should be made available to the third sector and grassroots organisations to help identify and process potential victims to make a claim. The Citizens Advice Bureau has been awarded a national contract to support all claims, but there also needs to be funding support similar to the Windrush Justice Fund, which the Joint Council for the Welfare of Immigrants and Greater London Authority will be launching shortly. This will give vital small grants of £200 to £2,000 to provide independent legal advice and assistance around Windrush citizenship and the compensation scheme.
As we approach the first anniversary of the scandal, the campaign is still not over. There is still work to do to ensure all those affected gain automatic status and we need to fight for those deportees and families, who are still exiled in the Caribbean or Africa with no support or assistance. And we’ll continue to fight until we have justice for all.