Only one in four applicants for the Windrush compensation scheme received payments four years after the government promised compensation to those misclassified by the Home Office as illegal immigrants.
Less than 7% of the 15,000 compensation claims the government originally expected were paid. Ahead of Wednesday’s Windrush Day, plaintiffs continued to report long delays and high levels of skepticism from employees processing their applications.
Cuthbert Prosper, 59, who arrived in the United Kingdom from St. Lucia as a four-year-old in 1967, failed to convince compensation officials that he had lost his job as a security guard at St. Martin-in-the-Fields Church in Trafalgar Square. , London, due to problems with its documentation. This is despite a letter from the former Bishop of Salisbury confirming that he is a respected member of staff.
Prosper has struggled for decades to prove he was legally in the UK and lost several jobs, including in the church, because he failed to obtain the necessary security qualifications due to a lack of a passport.
His claim for compensation states: “The inability to prove his legal right to reside in the United Kingdom has made him effectively lead a life of fear. He missed many opportunities in life and was denied the right to pursue his goals and lead a normal life. His lack of immigration status has plunged him into a circle of poverty from which he has made great attempts to escape. ”
However, law enforcement officials said it was not possible “in the balance of probabilities” to conclude that he did not have access to a job or that he had lost his job “due to his inability to demonstrate legal status”. His claim for loss of profits was rejected despite two complaints, and he recently accepted a smaller agreement in recognition of the “stress and anxiety” he has endured.
“When I read the answer, I felt that they were saying that the job I lost was a figment of my imagination and that I was lying about the whole thing. It made me very depressed and angry that they didn’t believe me, “he said. “The government has promised to be fair and just. I try not to get upset about it. “
Nicholas Holtham, who was vicar of the church until 2011, when he was appointed bishop of Salisbury, confirmed that Prosper had been employed as a security guard for “a significant number of years”. He said it was difficult to access the church’s work records during that period, making it impossible to provide documentary evidence.
“I always thought he was a good soul, but that may not be enough for the Interior Ministry,” he said. Lawyers also sent photos and thank-you letters to Prosper while he worked at the church.
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A spokesman for the Interior Ministry said that out of 3,878 claims filed, 50% had received final decisions, of which 50% had been offered compensation. They added: “The wrong attitude towards the Windrush generation by successive governments was completely unacceptable and the interior minister will correct these mistakes. We continue to process claims under the Windrush Compensation Scheme, which has already paid £ 40.5 million for 1,037 claims, with another £ 8.2 million proposed, pending acceptance or pending review.
Prospere’s lawyer, Imran Khan QC, said: “The compensation scheme was advertised as simple and clear. Cuthbert’s experience shows that, in fact, the scheme works to make it as difficult as possible for applicants to receive compensation. Candidates, like Cuthbert, are made to feel like liars. Every possible obstacle is put in his way, so the injustice he has suffered because he has not been able to make a living due to his immigration status is aggravated by the injustice of being denied the compensation he deserves. “
Lee Day’s lawyer, Jacqueline Mackenzie, who handles about 200 compensation claims, said she was “extremely concerned about the slowness of the scheme”. “People haven’t heard anything for months and then they want information they’ve already sent. The work on the case is very bad, “she said.
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