Human Rights Watch has highlighted significant flaws in the British government’s handling of the Windrush Compensation Scheme, following a report from the British Parliamentary and Health Service Ombudsman. The rights group pointed out the scheme’s failures which, instead of providing relief, have further compounded the suffering of the Windrush generation.

The Windrush scandal, exposed in late 2017, revealed that members of the Windrush generation, individuals from British Commonwealth countries who arrived in the UK between 1948 and 1971, were wrongly detained, deported, and stripped of legal rights despite being legally resident under the Immigration Act 1971. Many lost access to employment, pensions, and healthcare due to not having proper legal documentation.

Almaz Teffera, a researcher on racism in Europe at Human Rights Watch, stated that the Ombudsman’s findings underscore the inadequacies of the Home Office’s approach. “The Windrush Compensation Scheme is not fit for purpose and is compounding the suffering of Windrush survivors,” Teffera said. This statement came in light of recent ombudsman findings which highlighted the scheme’s failure to meet its objectives and provide adequate remedies to affected individuals.

One poignant case involves Thomas Tobierre, a Windrush descendant who lost his job due to a false declaration of his citizenship status. The Home Office refused to recognize his financial losses, claiming that private losses are “too hard to compensate.” This is just one of numerous cases where families have been denied effective remedies.

Furthermore, the scheme’s requirement for descendants to produce an official document for every year of residence in the UK has added an unreasonable burden of proof on the applicants. This was compounded by the 2012 “Hostile Environment” policy, which allowed non-state actors such as landlords to verify the citizenship status of individuals, exacerbating discriminatory practices.

The compensation scheme was introduced as a solution to address these injustices by offering compensation to those wrongfully categorized as illegal immigrants. However, Human Rights Watch argues that the scheme’s mismanagement has only led to further damages rather than providing the intended relief.

This critical situation calls for a reevaluation of the scheme’s effectiveness and a commitment to making substantive changes that will truly address and amend the hardships endured by the Windrush generation.