Government acted unlawfully over unfulfilled Windrush promises, Supreme Court rules

The Supreme Court has ruled that Suella Braverman’s decision to withdraw key recommendations into the Windrush scandal, despite being made by the Home Secretary, was unlawful.

The government has been taken to court by 68-year-old Windrush victim Trevor Donald after it failed to implement all the recommendations of an independent review.

Solicitor Wendy Williams published her Windrush Lessons Learned Review in 2020, with all 30 recommendations originally accepted by then Home Secretary Priti Patel.

But Ms Braverman, after taking the top job at the Home Office, has backed away from promises to appoint a migrants commissioner, give more powers to the independent chief inspector of borders and immigration and organise reconciliation events.

Giving her ruling on Mr Donald’s appeal for judicial review, Judge Heather Williams found Ms Braverman had acted unlawfully by abandoning her promised commissionership and increasing the powers of the chief inspector.

“There was a reasonable procedural expectation that the defendant would consult with relevant interested parties, including representatives of the Windrush community and Wendy Williams, before materially changing its response to (the recommendations),” the judge ruled.

“The defendant violated that expectation.”

The judge is scheduled to hear further arguments later on the implications of his decision.

The Windrush scandal – which campaigners say should later be called the Home Office scandal – erupted in 2018 when British citizens, mainly from the Caribbean, were wrongly detained, deported or threatened with deportation despite having the right to live in the UK.

Many people have lost their homes and jobs and have been denied access to healthcare and benefits.

Mr Donald was born in Jamaica in 1955 and came to the UK in 1967 and lived here for the next 43 years.

After visiting Jamaica in 2010, he was refused entry when he tried to return to the UK, at which point, his lawyers say, he fell victim to the Windrush attack.

He was eventually allowed to re-enter the UK after the scandal broke in 2018 and was deemed to have indefinite leave to remain, and was granted British citizenship in January 2022.

Trade union Unison, which along with the Black Equity Organisation (BEO) backed the judicial review application, said Ms Braverman had taken steps to “clear the way for the Government’s controversial flights to Rwanda programme and has set out to eliminate any likely future opposition to the ‘stop the boats’ policy”.

“The hostile environment has had devastating consequences for those affected by the Windrush scandal,” said UNISON general secretary Christina McAnea.

“Rather than learning the lesson, the government’s response has been disastrous. Many people are still waiting for justice, and migrant workers in the UK are still afraid of the Home Office.

“The Windrush Review was set up to ensure that such terrible miscarriages of justice never happened again. All 30 of its recommendations were accepted by Priti Patel, then Home Secretary.

“But Suella Braverman has failed to deliver on the promises her government made. She has decided that she will have nothing to do with anything or anyone that might stand in the way of getting migrants on flights to Rwanda. She has cruelly abandoned key recommendations that were meant to fix some of the many wrongs of Windrush.”

The union is calling on the new government to deliver on the promises it made during the independent review following the general election results.