WINDRUSH CASES
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The History of Windrush

By: Malcolm Johnson
17 May, 2019


What is Windrush all about?
Windrush is about the denial of basic citizenship rights to people, who had always been UK citizens and who had always been entitled to live and work here. Through no fault of their own, they found themselves trapped in the UK’s immigration system.

The History    
Under the Immigration Act 1971, all Commonwealth citizens already living in the UK were given indefinite leave to remain – but the right to free movement between Commonwealth nations was ended from that date onwards.
Moreover thousands of these people were children travelling on their parents’ passports, and without their own documents. The Home Office did not keep a record of those granted leave to remain or issue any paperwork meaning it is difficult for the individuals to now prove they are in the UK legally.

In 2012, the government launched a crackdown on illegal immigration, which meant those without documents were suddenly asked for evidence to prove that they were entitled to remain in this country.

The result was disastrous for people brought up in this country, and who were legally UK citizens. Some were held in detention or actually deported. Between March and September 2017, 49 people were deported to Ghana and Nigeria in 2017. One lady who had come across to the UK fifty years ago, was held in an immigration removal complex and lost benefits for two years.
The bureaucratic disaster has also affected Australian, Canadian and South African, Indian and Pakistan-born citizens.

What does the Windrush Compensation Scheme try to achieve?  
The Scheme is intended to provide payments to eligible individuals who did not have the right documentation to prove their status in the UK and suffered adverse effects on their life as a result. These could range from a loss of employment or access to housing, education or NHS healthcare to emotional distress or a deterioration in mental and physical health. 

The government issued a consultation paper in 2018 and listened to some 650 people who had been affected by the Windrush disaster. From that consultation process, a Scheme has now been created to compensate victims.  

The Commonwealth Taskforce Scheme or Windrush Scheme 
Compensation is only one part of the scheme. The government has already instituted other measures to help people in this unfortunate situation. Since the 30th May 2018, there has been a scheme in place to help people who have been affected by the Windrush scandal.
The government began by addressing the immediate problem faced by people – namely to sort out their immigration status. These people suddenly found themselves unable to work, draw benefits, in some cases actually detained and deported or if they had left the UK, they found that they could not return home.

On the 16th April 2018, the Home Secretary established a “Commonwealth Taskforce Scheme” also known as the “Windrush Scheme” to make immediate arrangements to help those who needed it. This included setting up a helpline to get in touch with the Home Office. Affected people can make an application under the Scheme to obtain that help.

The idea behind the Taskforce was to try and resolve the immigration problems being experienced by people who qualified under the Scheme. The government said: -

“Those applying under this Scheme will benefit from the services of the Taskforce which will help people to navigate the immigration system and will continue to take a sympathetic and proactive approach when resolving applications. “

https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk

Practical measures taken by the Taskforce include: -
  • Implementing a fast-track service with the Department for Work and Pensions to confirm status and residence, enabling access to benefits and back-payment of any previously withdrawn;
  • Securing access to free NHS treatment;
  • Working closely with local authorities to secure temporary accommodation for those who are homeless; 

There is an application form for applicants to be found on the above website page.
Guidance is also available for landlords, employers and the NHS about their rights to check undocumented Commonwealth citizens.
The Guardian reported in November 2018 that the Taskforce had taken more than 8,000 calls, more than 2,000 Windrush people had already been given papers confirming their right to remain in the UK and over 2000 had been granted British citizenship.

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This website is produced for the assistance of people who want to know more about the Windrush Compensation Scheme or how to apply. It is not intended to stand as legal advice in any particular case, and should not be relied upon as such.   To the extent permitted by law, Hudgell Solicitors will not be liable by reason of breach of contract, negligence, or otherwise for any loss of consequential loss occasioned to any person acting omitting to act or refraining from acting in reliance upon the website material or arising from or connected with any error or omission in the website material.    Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation, or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
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