In a critical finding, the British Parliamentary and Health Service Ombudsman has uncovered severe shortcomings in the Home Office’s management of the Windrush Compensation Scheme. This revelation comes in response to a complaint from a Windrush family, indicating that six years after the scheme’s inception, the Home Office continues to inadequately compensate members of the Windrush generation and their families, violating their right to an effective remedy.
The Ombudsman’s report highlights major issues surrounding decision-making and communication with claimants that have “wider implications” for all individuals seeking compensation under the scheme, as noted by Human Rights Watch.
Launched in 2019, the Windrush Compensation Scheme was created to “right the wrongs” stemming from the Home Office’s failure to provide documentation to members of the Windrush generation, who primarily came from former British colonies. This group has faced significant hardships, including job losses, pension deprivation, and lack of access to healthcare, all resulting from their wrongful classification as illegal immigrants.
“The ombudsman’s decision reinforces the notion that the Windrush Compensation Scheme is fundamentally flawed, further exacerbating the suffering of Windrush survivors,” stated Almaz Teffera, a researcher on racism in Europe at Human Rights Watch. “It is imperative that Windrush claimants have access to free legal representation to protect against arbitrary compensation decisions and to ensure they receive due compensation for the losses they have endured.”
Beginning in 1948, the British government invited members of the Windrush generation to live and work in the UK permanently. However, a scandal erupted in 2018 when it was revealed that many had been wrongfully ensnared in the government’s efforts to tighten immigration policies, resulting in job losses, pension forfeitures, and even deportation.
Charlotte Tobierre, whose father Thomas is a member of the Windrush generation, shared with Human Rights Watch a pivotal decision by the Ombudsman regarding her family’s complaint. Thomas Tobierre lost his job when the Home Office wrongly deemed him ineligible for British citizenship. He was compelled to deplete his private pension savings, which the Home Office has refused to recognize as compensable loss. The Home Office has generally claimed that calculating private pension losses is too complex, despite experts demonstrating that such calculations are feasible and other government compensation schemes accounting for similar losses.
On March 26, 2025, the Ombudsman ruled that the Home Office had inadequately compensated Thomas Tobierre by excluding his private pension losses. The Ombudsman criticized the Home Office for its “confusing and inconsistent” decision-making and stated that the agency had committed to reviewing its complaint handling and communication processes, as well as reconsidering its stance on private pension compensation.
In a letter sent on April 22, 2025, Human Rights Watch sought clarification from the Home Office regarding its review of private pension compensation. However, in its response on May 15, the Home Office failed to provide any substantial updates or details about the review, merely stating that if changes were implemented, they would be applied retroactively with additional offers of compensation to affected individuals.
Further complicating matters, a letter from the Home Office, dated June 24, acknowledged that it had “missed several key opportunities” to inform Thomas Tobierre about the exclusion of occupational and private pension losses. This letter did not outline any forthcoming reforms or indicate whether additional compensation would be provided for his losses.
In a bid to support Windrush claimants, the government announced a £1.5 million advocacy fund for community organizations. However, this initiative falls short of the long-standing demands for free legal representation for claimants. In its May 15 response, the Home Office reiterated that it had no plans to offer individual legal aid to Windrush claimants.
Jeremy Crook, the executive director of the UK charity Action for Race Equality, expressed that while the advocacy fund is a helpful step, it does not replace the need for proper legal representation. On June 16, the charity JUSTICE released its second report emphasizing the necessity of free legal representation for Windrush claimants. Their findings suggest that compensation offers significantly increase when claimants have legal support. Lawyers representing Windrush claimants are currently appealing a 2024 High Court decision that upheld the government’s denial of legal aid.
Nicola Burgess, a solicitor overseeing the Windrush Legal Initiative, which assists over 60 claimants, criticized the current government for perpetuating the misconception that the compensation scheme is straightforward enough to navigate without legal assistance. She described the process as retraumatizing and protracted, noting that the Home Office often fails to adhere to its own guidelines or adequately consider evidence presented by claimants. The Tobierre family’s experience aligns with this troubling narrative.
In 2024, the parliamentary ombudsman had already determined that the Home Office was making erroneous decisions and unjustly denying compensation to eligible individuals, receiving 68 complaints since 2021, which resulted in over £430,000 being awarded for wrongfully denied payments.
Human Rights Watch’s 2023 research echoed the sentiments of campaigners and lawyers who have long called for urgent reforms, asserting that the compensation scheme is unfit for purpose.
The UK’s Human Rights Act enshrines the right to an effective remedy in domestic law, as mandated by the European Convention on Human Rights, which requires remedies to be adequate, prompt, and accessible. The Committee on the Elimination of Racial Discrimination has also recognized the complexity of the compensation scheme as an undue burden on claimants and recommended that the government simplify the process to ensure fair and timely access to compensation.
“Addressing the harm inflicted by the Home Office on Windrush families is both a moral obligation and a legal requirement,” Teffera asserted. “The government must urgently implement the necessary reforms regarding private pensions and provide free legal representation to Windrush claimants.”
