David Manknell acted for the Adjudicator in this Judicial review claim, which was the first challenge to be brought to the operation of the Home Office’s Windrush Compensation Scheme.
The Windrush Compensation Scheme was established to provide compensation to members of the Windrush generation who had been denied their lawful immigration status as a result of Home Office policies and practices.
The Claimant sought to challenge the limited awards made to her by the Home Office under the scheme. She had arrived in the UK from India in 1963 at the age of 22 and is now 82 years old. She claimed that as she had lacked proof of her right to live and work in the UK, she had been unable to work or claim welfare benefits. Her evidence described the poverty in which she and her children lived as a result.
The Claimant’s challenges to the decision by the Home Office under the Scheme, and the upholding of that decision by the Adjudicator, were dismissed. In respect of the Adjudicator, the Court accepted the submissions in respect of the Adjudicator’s independence and neutrality and indicate that it should not in general be necessary to include the Adjudicator in claims of this type.
Further details of the claim were reported by the press:
The judgment can be found here.