The government has announced Reverend Clive Foster as the first Windrush Commissioner, whose primary role is to oversee the Windrush “Compensation” Scheme. Foster will be paid £130,000 for a 3 day (min) week. He is overseeing the Windrush Review ('Lessons Learned'), ordered in 2018 under Sajid Javid as Home Secretary. It was finally published under Priti Patel in 2020, after which she gave a fulsome apology and agreed to a lavish compensation scheme. The review itself was conducted by Wendy Williams CBE, a black woman and a past Chief Prosecutor and Inspector of Constabulary and Fire Services.

The so-called scandal followed the government destroying some documents (such as ship boarding passes) held in archives for decades due to data privacy and storage concerns and the fact that many who came from the late forties had never regularised their paperwork or status. Only a relatively small number were deported (estimates are around 83, sometimes of those falling on the wrong side of the law) but Williams’ review suggested that as many as 15,000 people could potentially apply for the scheme and that if other non-Caribbean Empire subjects came into scope, this could increase to 300,000. The claims are on the basis of hardships such as difficulties in finding employment or accessing services (rentals, medical etc.)

Williams in the report discounted any suggestion that “the responsibility really lay with the Windrush generation themselves to sort out their status” as had been asserted in a Parliamentary committee.

Alongside the compensation scheme, she recommended all Home Office (and Civil Service) staff learn about “Britain’s colonial history, the history of inward and outward migration and the history of black Britons” as determined by academics, that there should be “an overarching strategic race advisory board” and all staff should undergo “diversity and inclusion and unconscious bias awareness training.” In total all 30 of her recommendations were accepted in full by Patel, though Braverman, her successor, declined to proceed with three: a series of ‘reconciliation’ events; a Migrant Commissioner; and enhancing the power of the oversight by the Independent Chief Inspector of Borders and Immigration (ICIBI). A black activist organisation, the ‘Black Equity Organisation’ then took this to Judicial Review and using ECHR and the Equality Act overturned Braverman's refusal on the second and third recommendations.

As of early last year, the scheme has already paid out £83 million across 2,634 claims. If the proposed number of 15,000 potential claims is justified, this amount could increase significantly under Reverend Foster.

The process has been seized on by various lawyers, both paid and by Black pro-bono activists, who have helped to significantly increase the payouts. According to the Guardian, “One woman’s payout rose from £300 to £170,000 after a lawyer assisted her, and a man who was initially refused any compensation received a £295,000 settlement after legal support from a charity. Other people’s awards rose from zero to £95,000 or increased from £10,000 to £150,000.”

The cherry-picked examples given in the report include a man who worked in the building trade. He ‘lost’ his passport in the 1970s. Because of this he somehow didn’t work for 17 years.  He was given £225,000 for ‘denial of access to employment’ and £70,000 for the ‘impact’ on him.

It now falls to Reverend Foster to oversee and drive through these recommendations, which we have listed below. The Windrush Gold Rush is not over yet.

1. Acknowledging the Wrong and Apologizing

1. Formal Apology: The Home Office must issue a formal apology for the harm caused to the Windrush generation.
2. Reconciliation Events: Hold events to engage with affected communities and rebuild trust.
3. Righting the Wrongs: Implement measures to address the harm, including compensation and status regularization.

2. Cultural and Systemic Change

4. Cultural Reform: Shift the Home Office culture to prioritize humanity over enforcement.
5. Leadership Accountability: Ensure senior leaders are accountable for cultural change.
6. Historical Education: Train staff on the UK’s colonial history and its impact on migration.
7. Review Hostile Environment: Conduct a full review of the compliant (formerly hostile) environment policies.
8. Simplify Immigration Law: Reduce the complexity of immigration laws to make them more accessible.
9. Migrants’ Commissioner: Appoint an independent Migrants’ Commissioner to advocate for migrants.
10. Strengthen ICIBI Role: Review and enhance the role of the Independent Chief Inspector of Borders and Immigration.

3. Transparency and Scrutiny

11. External Scrutiny: Open the Home Office to greater external oversight.
12. Independent Oversight: Establish mechanisms for independent monitoring of reforms.
13. Stakeholder Engagement: Regularly consult with communities and stakeholders affected by policies.
14. Transparent Policy Making: Ensure policy development is open and inclusive.
15. Publish Evaluations: Publicly share evaluations of immigration policies’ impacts.

4. Improving Decision-Making 16. Ethical Decision-Making: Develop an ethical decision-making model for immigration casework.

17. Compassionate Approach: Embed compassion in casework and policy implementation.
18. Better Training: Improve training for staff to understand the human impact of decisions.
19. Casework Quality: Establish a Chief Casework Unit to enhance decision-making quality.
20. Safety Valve Mechanism: Introduce mechanisms to prevent wrongful enforcement actions.

5. Supporting the Windrush Generation 21. Compensation Scheme: Simplify and expedite the Windrush Compensation Scheme.

22. Access to Legal Advice: Provide free legal support for compensation claimants.
23. Status Regularization: Streamline processes to confirm legal status for Windrush victims.
24. Community Outreach: Engage directly with affected communities to support claims.
25. Timely Resolution: Set clear timelines for resolving compensation and status cases.

6. Diversity and Inclusion

26. Diverse Workforce: Increase diversity, especially at senior levels in the Home Office.
27. Diversity Training: Implement mandatory diversity and inclusion training.
28. Recruitment Reform: Revise recruitment to attract diverse candidates.
29. Inclusion Strategy: Develop a comprehensive diversity and inclusion strategy.
30. Monitor Progress: Regularly assess and report on diversity and inclusion efforts.