Total Pageviews

Saturday 4 July 2020

Windrush victims - the further scandal of proof



I am currently reading The Windrush Betrayal: Exposing the Hostile Environment by Amelia Gentleman. You don’t need me to tell you that this was one of the greatest scandals of the last 50 years. Ordinary working people who had been in the UK for 40 – 50 years suddenly and inexplicably found themselves in the middle of a nightmare. They were caretakers, ambulance drivers, cleaners, teachers, care workers, nurses. They were parents, grandparents and friends who had lived normal lives like the rest of us. Suddenly their very right to be in this country was denied.

The closest that I have read is Kafka’s The Trial. It starts out as what looks like obvious error of bureaucracy which develops into a terrifying horror story.  The most disturbing common factor across all of the cases is the disbelief. Victims were explaining that they had been here since childhood and were now pensioners, but they were not believed –

“What was particularly upsetting was the unflinching refusal of immigration staff to believe her consistent account that she had been in the UK for a lifetime”

“The word ‘claims’ seems to be an official shorthand indicating: ‘this is what the suspect is saying but we’re not in the least inclined to believe him’.. *

This was a shocking injustice driven by a political obsession with driving down immigration figures.

The extent of the scandal began to come out towards the end of 2017. We all watched in shock as the truth came out. It would be easy to believe that it is all sorted, that the victims have been vindicated and will be properly compensated for all that they have been through.

Sadly, this is not the case. Few victims have received anything. One reason for this is the unreasonable hoops through which they must jump in order to show entitlement. There is 89-page guidance for case workers who assess claims. Any lawyer will tell you that means that is not a simple and user friendly scheme. You can read it here if you want –

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/886371/Windrush-compensation-case-work-guidance-v.4.0ext.pdf

The document hides another scandal of disbelief. Claimants have to prove some of their losses ‘beyond reasonable doubt’. That is the standard of proof required in criminal cases. These are civil claims for damages. In UK law the standard of proof is balance of probabilities i.e what is more likely than not. To prove something ‘beyond reasonable doubt’ is much more of challenge. Page 80 of the guidance mentions the need for a balance of probabilities but goes on –

“This applies across the compensation scheme except for the following claims:

• loss of access to employment: Actual earnings award

• loss of access to health: Reimbursement of private medical fees incurred outside the United Kingdom

• loss of access to health: Reimbursement of private medical fees incurred within the United Kingdom

• loss of access to education: Reimbursement of international student fees

• loss of access to banking:

Reimbursement of direct financial losses In these cases, the claimant must provide clear evidence and you must be satisfied so as to be sure that they meet the requirements for these awards. This means that you must be satisfied beyond reasonable doubt before making an award in these cases.”

This covers the most fundamental impacts of the scandal on the lives of victims.

It aggravates the issue of disbelief. The government is saying to victims – ‘we did not believe your right to be here despite many years of residence, work, paying of tax and national insurance’. When it comes to compensating them for the injustice they are told – 'we still don’t believe you'. You must persuade us 'beyond reasonable doubt'. This is compared with a wealthy business which is claiming millions in a commercial dispute which has to prove its losses on a balance of probabilities.

Immigration expert Colin Yeo has rightly called this ‘cruel and absurd’. 




This scandal cannot be allowed to continue. The government must now show some integrity and ensure that these people are now properly compensated.

I don’t usually promote petitions on here but this deserves action –

https://www.change.org/p/uk-govt-fix-the-windrush-compensation-scheme-now

*Amelia Gentleman, The Windrush Betrayal: Exposing the Hostile Environment – Guardian Faber Publishing (17 Sept 2019)




No comments:

Post a Comment