High Court Rules Against Suella Braverman’s Scrapping of Windrush Recommendations as Unlawful

Suella Braverman's move to discard certain Windrush suggestions deemed illegal

Windrush sufferer Trevor Donald initiated legal action following his denial of entry into the UK, where he had resided for 43 years.

Wednesday, June 19, 2024, 2:

The High Court has determined that it was illegal for the government to disregard the suggestions issued after the Windrush inquiry.

68-year-old Trevor Donald, a victim of the Windrush scandal, initiated a lawsuit against the Home Office following the government's decision to not fully implement the suggestions from an independent review of the incident.

In 2020, attorney Wendy Williams released the Windrush Lessons Learned Review, and all of its 30 recommendations were initially agreed to by the then Home Secretary, Priti Patel.

The Windrush scandal involves individuals, primarily from the Caribbean, who traveled to the UK on the HMT Empire Windrush and were incorrectly detained, deported, or faced deportation threats despite being legally entitled to reside in the UK.

The controversy began in 2018, and since then, activists have referred to it as the Home Office scandal.

Numerous individuals faced unemployment and homelessness, and were also deprived of access to healthcare and social benefits.

In January 2023, the current Home Secretary Suella Braverman decided not to pursue three out of the 30 recommendations that her predecessor had agreed to implement.

The suggestions included organizing events aimed at reconciliation, enhancing the authority of the independent chief inspector of borders and immigration, and pledging to create a position for a migrants' commissioner.

Windrush scandal sufferer claims government is 'biding time until we pass away'

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On Wednesday, Mrs Justice Heather Williams determined that eliminating the recommendations for a migrants commissioner and the ICIBI disproportionately and adversely impacted Windrush victims, constituting indirect discrimination against them.

She further described it as illegal and "blatantly unjust" that the ICIBI's suggestion was dismissed without the involvement of the Windrush community and Ms. Williams.

The judge stated: "It is evident from the evidence presented to the court that the choice to not move forward… was deeply troubling and harmful to many Windrush victims. This is especially true considering that the scandal primarily stemmed from ignoring the concerns of the Windrush community."

Mr. Donald, a native of Jamaica born in 1955, spent 43 years residing in the UK following his arrival in 1967.

After coming back to the UK from a trip to Jamaica in 2010, he was denied entry, at which point he fell victim to the Windrush scandal, according to his legal representatives.

After the controversy surfaced in 2018, he was finally permitted to return to the UK, where he was initially granted indefinite leave to remain, followed by British citizenship in January 2022.

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The judge noted that Mr. Donald lost significant times with his children, forfeited his council apartment, and nearly all his personal belongings.

An additional session will likely be scheduled to discuss potential compensation for Mr. Donald.

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The head of the Black Equity Organisation, Timi Okuwa, commented following the decision: "As we approach Windrush Day this Saturday, we commemorate and support all those affected by the Windrush scandal, including the victims, survivors, and their descendants.

Hence, BEO applauds the recent ruling affirming that Suella Braverman's action to dismiss these proposals was illegal.

We are particularly gratified that Mrs Justice Williams acknowledged the discrimination faced by the Windrush generation in her ruling.

"We are dedicated to collaborating with the forthcoming administration to guarantee the complete execution of all recommendations from the Williams Report. There's still more to be done.

"We remain committed to scrutinizing public entities to guarantee the elimination of institutional racism from our community."

After the decision was announced, Unison's General Secretary Christina McAnea remarked, "The aggressive policies had severe impacts on the lives of individuals caught up in the Windrush debacle.

Instead of taking heed from past experiences, the government's reaction has been woefully inadequate.

"No administration is exempt from the law.

"Fortunately, the former home secretary was caught red-handed.

Government officials are required to conduct themselves with honor and decency, treating everyone with respect and acting ethically.

"It is expected that the incoming administration will promptly address and rectify this shameful period in our nation's past."

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