On October 24, the UK government announced long-awaited reforms to the Windrush Compensation Scheme that address some—but not all—long-standing concerns related to older claimants who had lost their private pensions due to government wrongdoing. Many died before receiving owed compensation.
The government launched the scheme in 2019 to compensate members and relatives of immigrants, mostly from Caribbean and other Commonwealth countries, known as the Windrush generation for wrongfully treating them like illegal immigrants. Tens of thousands lost their jobs, pensions, access to health care, and other basic rights—some even faced deportation and detention—because the government hadn’t provided them with papers to prove their legal status in the UK.
The changes include paying Windrush claimants, who challenge a compensation offer, up to 75 percent of the award in advance, pending the review of their offer. The scheme also now compensates people for private and occupational pension losses, reflecting the fact that claimants were forced to withdraw money from their pension to support themselves. Priority will be given to applications from claimants 75 and older and those with serious health conditions.
These changes partially address recommendations from civil society, the Windrush commissioner, and the Parliamentary and Health Service Ombudsman including in a recent case ruling.
Thomas Tobierre, a Windrush claimant affected by pension losses, told Human Rights Watch that he first found out about the changes through the media.
Since publishing research in 2023 on rights abuses arising from the compensation scheme. Human Rights Watch has continued to work closely alongside campaigners, civil society, and lawyers.
Human Rights Watch remains deeply concerned about the government’s continued denial of free legal representation for Windrush claimants. Lawyers showed that claimants needed legal support to meet the complex requirements to provide evidence to substantiate their claims.
The Windrush commissioner said that members of the Windrush generation are concerned about anti-immigrant polarization in the UK. He said that officials need to consider the human impacts of immigration policy changes to avoid future Windrush scandals.
If the Labour government is serious about righting wrongs of the past and honoring the contributions of the Windrush generation, it should grant free legal representation to Windrush claimants to give them the best shot at full and fair compensation.