Windrush Scandal: Axing review recommendations unlawful, court rules

The Windrush scandal emerged in 2018 when Commonwealth citizens, mostly from the Caribbean, were wrongly detained, deported or threatened with deportation despite having the right to live and work in the UK.

It was discovered that the Home Office had kept no records of those granted permission to stay and had not issued the paperwork they needed to confirm their status.

Many lost homes and jobs and were denied access to healthcare and benefits.

Solicitor Wendy Williams published her Windrush Lessons Learned Review in 2020 and all 30 recommendations she made were originally accepted by Ms Patel.

In a judgement published on Wednesday, High Court judge Mrs Justice Heather Williams found the Home Office’s subsequent decision to drop two of the recommendations – to create a dedicated migrants’ commissioner and to give the independent chief inspector of borders and immigration (ICBI) new powers – had a “disproportionately prejudicial effect upon Windrush victims“ and indirectly discriminated against them.

The judge also said it was unlawful and “conspicuously unfair” for the ICBI recommendation to be shelved without consulting the Windrush community and Ms Williams.

But scrapping the third recommendation – to hold “reconciliation events” with those affected by the scandal – was not unlawful, the court ruled.