The Equality and Human Rights Commission (EHRC) equalities watchdog has found in its “Assessment of hostile environment policies” that these policies that caused the Windrush scandal broke the law and are “a shameful stain on British history”. The damning report concludes that the Home Office failed in its “legal duties” towards black Britons, and that the harsh effects of the crackdown were “repeatedly ignored, dismissed, or their severity disregarded”. Ministers failed to listen properly to protests from members of the Windrush generation, “even as the severe effects of hostile environment policies began to emerge”. The EHRC said its findings endorsed the conclusion of the Windrush Lessons Learned Review that the experiences of victims of the scandal were “foreseeable and avoidable”.
The Windrush compensation scheme has paid just £1.6m to 196 people in 18 months when a bill of between £200m and £570m was expected. At least nine people have died before receiving the compensation they applied for. A black official helping to run the scheme resigned last week over “racism” and the government’s failure to help victims.
The EHRC concluded that the Home Office did not comply with the Public Sector Equality Duty (PSED), which requires all public authorities to consider how their decisions affect people protected under the Equality Act. Impact assessments were “often considered too late to form a meaningful part of many decision-making processes”. Exceptions to the PSED for immigration were “in many cases interpreted incorrectly or inconsistently, and there was a general lack of commitment within the Home Office to the importance of equality”.