Windrush Compensation Scheme (Expenditure) Bill — House of Commons, 2020-02-10
Topic: Immigration
Helen Elizabeth Hayes (Labour, Centre-left): My constituency has a strong, direct and proud connection with the Windrush generation. In 1948, about 200 passengers on the Empire Windrush found temporary accommodation in the Clapham deep shelter and sought work at the labour exchange in Coldharbour Lane, Brixton. From there, many settled in the area, making Brixton their home, enriching community life with food, music and faith, and working hard to rebuild London after the war, including in our NHS and London Transport. We are proud of the Windrush generation and their descendants, who are an integral and highly valued part of our south London community Consequently, my constituency has been hit especially hard by the Windrush scandal. Long before the scandal hit the headlines two years ago, my casework team had been flagging up the fact that increasing numbers of older constituents, originally from countries in the Commonwealth, were being asked to provide an unrealistic level of proof of their right to be in the UK, despite having been here for many decades, made this country home and contributed to the UK multiple different ways, and despite, in many cases, coming to the UK as British citizens In one case, a constituent was asked to provide a record of his schooling, but he had attended a school run by the Inner London Education Authority, which was abolished in 1990, and both the school and its records had been destroyed many years ago. As a result of his inability to provide this impossible piece of evidence, his rights to be in the UK, to work, claim a pension and to access housing and medical treatment were all at risk It then transpired that what we were seeing were not isolated cases but the consequences of a systematic problem at the Home Office, and the results have been far reaching—thousands of people denied their right to live in the country that is their home; severe hardship caused by the removal of the right to benefits or pensions, or of the right to work; devastating health consequences as a result of both the stress caused by the scandal and the removal of the right to NHS treatment; and heartbreak for families separated and denied years that they would otherwise have spent together It is right that the Government compensate those whom they have treated so appallingly. However, the success of the compensation scheme must be judged by what it delivers for those it is intended to help. The experience of those constituents of mine who are victims of the Windrush scandal is that this scheme is not currently fit for purpose and, worse than that, their ongoing interactions with the Home Office and other Government Departments continue to compound their injustice My constituent Gretel Gocan was the first Windrush citizen to be able to return to the UK following the exposure of the Windrush scandal. Gretel arrived back in the UK on 3 May 2018—almost two years ago. Yet despite my support, extensive representations to the Government and applications both to the hardship fund and to the compensation scheme, she has yet to receive a penny in compensation from the British Government. Gretel is being housed and supported by her daughter, receiving only her basic pension. She is a frail and elderly woman. She should be entitled to attendance allowance, but the Department for Work and Pensions rejected her application because she had not been resident in the UK during the assessment period. The only reason she had not been resident in the UK during that time was that the British Government had illegally prevented her from returning home. When I met a DWP Minister to discuss the case, he agreed that that was not right and that Gretel should be able to access attendance allowance. She was advised to apply to the hardship fund, since apparently it was not possible to change the rules. After extensive correspondence, an application was made to the hardship fund in June 2019, but no funding has so far been received My constituent Chiplyn Burton, who was illegally deported to Jamaica in 2015, returned to the UK in December 2019. Chiplyn is homeless and spent many weeks sofa surfing with relatives. Arriving during the winter and with no income, Chiplyn was in urgent need of emergency support and applied to the hardship fund for £500 to cover a bus pass, warm clothing and food. In response to this application—for £500—she was asked to provide details of what warm clothes she needed, a breakdown of food costs and bank statements. Chiplyn found that interaction utterly demeaning, and the tone and content of correspondence from Home Office officials compounded her injustice, as well as delaying the funding she desperately needed. It was, quite frankly, a disgrace Turning to the compensation scheme itself, I have sat with constituents to help them complete the long and complex form. Without prompting, it is very easy not to record key details. As the form asks for proof such as receipts, it is easy to overlook whole areas for which compensation should be payable because no proof is available. For example, one constituent almost omitted to mention that, because her mother had been deported, she had lost the privately rented home she was living in and all of her possessions, as it was impossible to provide any record of their monetary value I pay tribute to the Black Cultural Archives in my constituency. When the Windrush scandal broke, the BCA opened its doors to Windrush citizens. It worked with volunteer lawyers to offer free advice clinics to help those affected to gather together their papers to regularise their status. The BCA recently restarted those advice surgeries to support people with applications to the compensation scheme. The surgeries have been well attended, but the BCA reports that just as many people are coming to speak about ongoing problems with the benefits system as are coming to speak about the compensation scheme. The number and complexity of the issues being raised is far greater than can be sustained by lawyers working pro bono People are coming to the BCA because it is a trusted organisation with a grassroots history. I have been calling since 2018 for the Government to provide funding to trusted local community organisations to provide advice and support to Windrush citizens who are seeking to access compensation, but they have refused to do so Instead, the Government commissioned Citizens Advice to provide advice on the compensation scheme, and there is evidence that it just is not working, We have no citizens advice bureaux in my constituency, and many of my constituents are unwilling or unable to use the telephone advice service. Lawyers who have been doing pro bono work for Windrush citizens are regularly contacted by CAB advisers, who are being paid by the Government, asking for help because they do not have sufficient expertise to advise them The Government totally misunderstand exactly how fundamental the breach of trust in the Home Office has been. People will approach trusted organisations like the BCA, but they will not directly approach the Home Office. That is why funding for such grassroots help and support is vital, and I call on the Government to provide that funding because it is key to the accessibility of the Windrush compensation scheme The Home Office continues to perpetuate the hostile environment and, while that remains the case, it cannot be right that the same Department is responsible for administering a scheme to compensate people for its own wrongdoing. The Government should accept that it would help to build confidence in the scheme if it were administered by a different Department Windrush citizens continue to experience huge problems accessing benefits to which they are entitled. The type of problem experienced by my constituent Gretel Gocan in accessing attendance allowance remains, and the tone of correspondence from the DWP is entirely lacking in empathy: it is unwilling to acknowledge the culpability of the Home Office in the situations with which it is presented. Will the Government therefore consider emergency legislation to ensure that no one is prevented from accessing benefits as a consequence of being a Windrush victim Finally, it has been estimated that over half a million people have been given wrong official advice on naturalisation and gaining British citizenship since the passage of the Immigration Act 1971. Will the Government apologise to those individuals and pay back, with interest, the costs they incurred in legal and immigration fees? The Government’s failure of the Windrush generation is profound and devastating. The first step in addressing the harm that has been done and in rebuilding the trust that has been breached is to listen to what those who are affected are saying about how the scheme is currently failing, and to act on their advice. I urge the Government to do so.