Parliamentary and Health Service Ombudsman Paula Sussex has said the Home Office’s recent changes to the Windrush Compensation Scheme are a “powerful example” of the independent complaints process at work.
Last month, home secretary Shabana Mahmood announced enhancements to the scheme for Windrush scandal victims that recognise broader ways they have lost out because of departmental failings that saw important records destroyed amid a “hostile environment” policy towards immigrants.
Among the reforms are the right to compensation for lost contributions to a work or personal pension that victims have suffered because their right to live and work in the UK was wrongly challenged.
The scandal has affected thousands of members of the Windrush generation, with many denied access to public services, housing and jobs. Others were wrongly deported, despite having the right to live and work in the UK.
Sussex said changes to the criteria the Home Office uses to calculate how much compensation Windrush scheme claimants are owed were a direct result of a complaint lodged by father and daughter Charlotte and Thomas Tobierre.
“It is thanks to Charlotte and Thomas Tobierre who brought their complaint to us that [the Home Office] launched the review and resulted in this improvement to the scheme’s policy,” Sussex wrote on networking website LinkedIn.
“Charlotte has been a tireless advocate on this issue, and it is to her credit that this important change has been made. It will have a wide-reaching impact on many individuals and families.”
The ombudsman added: “This is a powerful example of how just one complaint can have a direct impact on many citizens and generate positive changes to public services.”
Thomas Tobierre was seven when he came to the UK from St Lucia in 1960. After working for more than 40 years, he was made redundant in June 2017 but was unable to start a new job as he did not have documentation to prove he had the right to live and work in the UK.
As a result, he was forced to live on his savings and cash in his private pension, worth around £14,000. After details of the Windrush scandal were acknowledged, Tobierre was granted the right to live and work in the UK and began working again in 2018.
The following year, he made a claim to the Windrush Compensation Scheme. However, Tobierre and daughter Charlotte subsequently complained to the PHSO, alleging that their claim had not been properly assessed.
Last year, the ombudsman found that the scheme had failed to properly compensate the family because it excluded widower Mr Tobierre’s private pension loss from the claim.
It also found that the scheme's decision-making and communication about its pensions approach was confusing and inconsistent. It also found that the lengthy review process meant Tobierre and his wife, Caroline, who was a British citizen, had suffered financial hardship for longer than they should have.
Caroline Tobierre had cancer and died in November 2021. She also had a Windrush Compensation Scheme claim. The ombudsman found that the scheme did not properly consider the evidence she had provided and had mishandled communications about a funeral-costs payment.
The PHSO said the Home Office’s complaint-handling had also compounded the family’s distress, meaning they missed out on precious time with Mrs Tobierre ahead of her death.
Charlotte and Thomas Tobierre were awarded a settlement of £25,000 between them as a result of the ombudsman's investigation.
The Home Office said last month that changes to the Windrush Compensation Scheme would benefit thousands of people, with changes applied retrospectively.
Announcing the changes, the home secretary said the Windrush scandal had been a “shameful stain” on the UK’s history.
“People who gave so much to our country were treated as illegal immigrants in their own home,” Mahmood said.
“It is unacceptable that many victims are still waiting for compensation all these years later.
“We will deliver justice so that those suffering financial hardship through no fault of their own are paid for their lost pension savings.
“I will leave no stone left unturned until everyone affected receives the justice they deserve.”
The Home Office said both occupational and personal pensions will be included in the compensation-scheme changes. The scheme has already sought to ensure that state pensions are not affected by claimants’ time out of work.
The PHSO said it had looked into 68 complaints about the Windrush Compensation Scheme since 2021 and had secured more than £430,000 in compensation for people wrongly denied payment.
As of August, £116m in compensation had been paid out in relation to 3,500 claims to the Windrush Compensation Scheme.
When the scheme launched, it was anticipated that 15,000 claims would be lodged.