Ombudsman report fuels call for Windrush Compensation Scheme reform

A solicitor involved in academic research that found 'structural failings' in the Windrush Compensation Scheme has called for the scheme to be taken out of Home Office hands after the parliamentary ombudsman secured nearly half a million pounds for people wrongly denied compensation.

The Home Office scheme is designed to compensate Commonwealth citizens or family members - the 'Windrush generation' - who suffered losses because they could not show they had a right to live in the UK. However, in a report published earlier this month, the Parliamentary and Health Service Ombudsman said it received dozens of complaints and had secured £432,592 for people who complained. Reasons for wrong decisions included the compensation scheme wrongly applying its own rules and not always looking at the evidence provided.

The ombudsman said stories behind some of the 46 complaints shared in the report show 'the wide-ranging and complex challenges' claimants have faced.

Earlier this year, King's College London published research that found 'structural failings' in the scheme.

Shaila Pal, director of clinical legal education and supervising solicitor at King’s Legal Clinic, told the Gazette: ‘The scheme clearly cannot be successfully navigated by victims without legal assistance. Unlike a number of other redress schemes explored in [the King's College London] research, the Windrush Compensation Scheme does not provide victims with legal assistance. The lack of legal assistance coupled with all the problems with the scheme mean that victims continued to be failed. It completely undermines the purpose of a redress scheme.

‘The Home Office have had plenty of chances over the years to address the numerous issues raised and it is now time for the scheme to be taken out of their hands and reformed.’

The Home Office has previously said the compensation scheme was designed to be as clear and simple as possible so that applicants do not need legal assistance.

Following the ombudsman's report, a Home Office spokesperson said: ‘This government is committed to putting right the appalling injustices caused by the Windrush scandal and making sure those affected receive the compensation they rightly deserve. We will ensure victims of the Windrush scandal have their voices heard and that the compensation scheme is delivered efficiently.’

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