header-logo header-logo

20 March 2020
Categories: Legal News , Immigration & asylum , Discrimination
printer mail-detail

Windrush inquiry concludes scandal was ‘foreseeable’

Home Office failings that led to the Windrush scandal were ‘consistent with some elements of the definition of institutional racism’, an independent inquiry has found

The ‘Windrush Lessons Learned Review', authored by Wendy Williams, an inspector of constabulary, was published this week. The 275-page report concluded that what happened was ‘foreseeable and avoidable’.

Williams found the causes of the scandal could be ‘traced back through successive rounds of policy and legislation about immigration and nationality from the 1960s onwards, the aim of which was to restrict the eligibility of certain groups to live in the UK’. While the Immigration Act 1971 confirmed that the Windrush generation has the right of abode in the UK, ‘they were not given any documents to demonstrate this status. Nor were records kept’. Successive governments sought to act tough on immigration, ‘passing laws creating, then expanding the hostile environment, this was done with a complete disregard for the Windrush generation’.  

Williams said Home Office officials and ministers ignored warning signs, even after news of the scandal broke in the media in 2017. Various ‘organisational factors’ created the environment for mistakes, ‘including a culture of disbelief and carelessness when dealing with applications’. She makes 30 recommendations for change, including that the Home Office ‘acknowledge the wrong which has been done… open itself up to greater external scrutiny; and… change its culture to recognise that migration and wider Home Office policy is about people and, whatever its objective, should be rooted in humanity’.

The Home Office wrongly designated thousands of legal UK residents, many of whom moved to the UK with their parents during the 1950s and 1960s, as being in the country illegally. Some were wrongly deported, while others lost their jobs, were denied benefits, made homeless, prevented from travelling and refused NHS care.

Former Home Secretary Amber Rudd resigned over the scandal in April 2018.

The Windrush generation is defined as those who came to Britain between 1948 and 1973, on the invitation of the British government to help the country rebuild after the Second World War. The Empire Windrush docked with the first immigrants from the Caribbean.

Marcia Longdon, immigration partner at Kingsley Napley, said: ‘Windrush was the biggest catastrophe in UK immigration history and it is important to learn the lessons from this debacle.

‘To ensure we don’t repeat this mistake, it is imperative the government act on the report’s recommendations, particularly now many EU citizens are awaiting an outcome from the Home Office with regards to their right to remain under the EU settlement scheme.

‘An apology from the Home Secretary, Priti Patel, does little to right the wrongs of the Home Office. The compensation scheme set up last year has been slow to reach victims, many of whom are still struggling to rebuild their lives. I urge the Home Secretary to review the current laws that continue to create the hostile environment, as a matter of priority.’

Giving an official apology in the House of Commons this week, Home Secretary Priti Patel said: ‘On behalf of this and successive governments I am truly sorry.’

MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
back-to-top-scroll