The Windrush scandal: The fight for justice continues

In April 2018, the British government acknowledged serious failings in its pursuit of 'hostile environment' policies, which wrongly classified thousands of Windrush-era arrivals as illegal immigrants. The Home Office set up a scheme to compensate its victims.

But years later, many have been re-traumatised by the process and are still waiting for justice.

When the Windrush scandal hit headlines in 2018, Charlotte Tobierre’s first reaction was relief. 

Her father, Thomas, had been unable to secure a job for almost a year. He had no documents proving his right to live and work in the UK, despite having done so since moving from the Caribbean in 1960.

To support his family, Thomas was forced to drain his savings and his £14,000 private pension.

His daughter, Charlotte, said: “There was just nothing. Everything led to a dead end."

But the Windrush scandal exposed the Home Office’s failure to provide proper documents upon his - and thousands of others’ - legal immigration decades prior. 

Thomas had done nothing wrong. 

Surely, they thought, life would soon be back on track. He would receive compensation for the family’s year of misery and would be able to secure another job.

But just weeks after restarting work, his wife, Caroline, was diagnosed with stage four bowel cancer. 

The Windrush scandal was just the beginning. 

Thomas and Caroline as a young couple

Thomas and Caroline as a young couple

The Tobierres before Caroline became ill

The Tobierres before Caroline became ill

A timeline of the Windrush scandal

Thomas and Charlotte settled in Essex with three children

Thomas and Charlotte settled in Essex with three children

Thomas and Caroline with Charlotte's older brother

Thomas and Caroline with Charlotte's older brother

Caroline was diagnosed with stage 4 bowel cancer in summer 2018

Caroline was diagnosed with stage 4 bowel cancer in summer 2018

The Tobierre story

Thomas Tobierre was born in St Lucia in 1953.

Like hundreds of thousands of Commonwealth citizens, he moved to the UK - legally - aged seven and started work aged 15. 

He married Caroline, a British-born citizen, in 1975. They settled in Essex, where they raised three children.  

Thomas worked as an engineer for 26 years, until he was made redundant in June 2017. But suddenly, no employer would take him on because he did not have documentation to prove his right to work. 

The Tobierre family were baffled. 

There had been sporadic reporting of immigrants targeted by the Government’s ‘hostile environment’ policies, but it hadn’t yet erupted into the Windrush scandal. 

In Essex, a predominantly white county, the Tobierres had few opportunities to cross paths with others going through a similar situation. 

Thomas’ daughter Charlotte said: “We really thought it must just be something with us, like we were missing something.

“The following year was the worst we could have had.”

As soon as the Home Office acknowledged their failings in spring 2018, the Tobierres got in contact with their local MP. 

Thomas’s right to live, work and remain indefinitely in the UK was recognised in May 2018, enabling him to secure another job.

But Caroline was diagnosed with stage four bowel cancer just weeks later. 

Charlotte Tobierre: My mum's final years were overshadowed by the scheme

Charlotte Tobierre: My mum's final years were overshadowed by the scheme

Poor Windrush Compensation Scheme communication

A scheme was set up in 2019 to compensate victims of the Government's 'hostile environment' polices.

Thomas made his first claim to the Windrush Compensation Scheme (WCS) in July 2019, three months after it was launched. 

He was initially awarded £3,000 under the ‘impact on life’, a category that examines non-financial consequences of the Government’s failings, including mental and physical health. The baseline payment has since risen to £10,000.

It was not until Thomas applied for a review that he was awarded £13,000 for ‘lost access to employment’. 

Following another review in January 2021, the WCS offered Thomas £26,000 for ‘lost access to employment’ and £40,000 for ‘impact on life’. 

But the WCS never considered the impact of Thomas being forced to drain his nearly £14,000 private pension, and the lost interest it would have accumulated. 

The Government body failed to explain to the Tobierres that private pensions went unconsidered, leaving them confused over their low compensation offers. 

Caroline also submitted a claim to the WCS in 2021 as a family member who had been impacted by Thomas’ loss of earnings, bearing the financial brunt in the year before her cancer diagnosis. 

The scheme fast-tracked her application, having been made aware of Caroline’s terminal illness, but the family were disappointed again by their compensation offer.

Charlotte, who runs a small business, said: “It wasn’t even about the money. It was about the wording of the level two, which is you’ve just been impacted for a few weeks and you can live relatively normally. 

“Whereas the last few years of my mum and dad’s life together, there was nothing normal about it. And it had really impacted them both. It was really, really tough.”

The WCS failed to review the application before Caroline died in November 2021. 

Charlotte Tobierre: The scheme has no empathy

Charlotte Tobierre: The scheme has no empathy

Claimants left waiting seven years

The Tobierres’ story is not unique. 

Fast-tracking cases for older or terminally ill claimants became an official policy change in October 2025. 

But there is still no set timeframe they are required to meet. 

Nicola Burgess is a solicitor in immigration law and she leads the Windrush Legal Initiative, which provides free legal assistance to victims of the scandal. 

She said her clients often wait for months and sometimes over a year, for a decision at each stage. Some claimants who first submitted applications in 2019 are still caught up in the process. 

Most of those directly affected by the scandal are immigrants who moved to the UK decades ago.

Burgess said: “It’s a significant chunk of time, particularly because this cohort are of an older, more advanced age.

“It’s compounding the trauma they have already gone through in trying to prove their legal status, recount their losses to the Home Office and still not getting compensation. It is very traumatic.”

Three of Ms Burgess’ clients have passed away before receiving their compensation. One received his preliminary offer only days before his death.

He never saw the money; it was used to cover his funeral costs. 

Nicola Burgess: Three of my clients have died with their claims unresolved

Nicola Burgess: Three of my clients have died with their claims unresolved

Dominic Akers-Paul's story

Dominic Akers-Paul was born in the UK but it took him nearly 18 years to obtain a passport. 

His grandmother gave birth while at sea, en route to her new life in England. Coming from Saint Kitts in the Caribbean, Akers-Paul’s grandmother was a British citizen so held a British passport. 

But his mother, Franca Akers-Penn, was rendered stateless for the first 40 years of her life. Upon the ship’s arrival in Southampton, she was refused any kind of citizenship. And this had a knock-on effect for her son born years later.

Akers-Paul and his family sought guidance from their MP, then Frank Dobson, and the Government who recommended he get naturalised. 

He said: “I refused to do that on principle. How can I be naturalised when I’m from nowhere else? I was born here, went to uni, college, and nursery here.”

Akers-Paul, now 32, said having no passport throughout his childhood had a detrimental and traumatic impact. He missed out on trips abroad, including an essay-writing competition prize trip to the US and his grandmother’s funeral in Grenada. 

Akers-Paul applied to the WCS in 2019. 

He said: “The scheme was where everything went even more wrong.”

His initial offer of £3,000 for impact on life was eventually upgraded to a level three award, for those who’ve experienced a short-term impact of the Government’s ‘hostile environment’ policy.

Akers-Paul said: “It took issue with that. The harm was long-term, long-lasting, very material and can’t be fixed. To award me short-term is disrespectful to say the least.

“It was a kick in the face.”

He also didn’t qualify for financial losses, despite not being able to access employment before gaining his passport aged 18. 

Akers-Paul missed out on opportunities to work Saturday or holiday jobs like his peers. He was offered an engineering apprenticeship, but the company eventually turned him down due to a lack of legal right to work.

He instead attended sixth form and university, racking up tens of thousands of pounds in student debt. 

The WCS refused to consider this as a financial loss because it ended with a “positive” outcome. 

Akers-Paul, now a transit worker, had no choice but to accept the WCS offer by 2024. He had exhausted all avenues of appeal, even with pro-bono legal support. This included all review tiers and the parliamentary ombudsman. 

Akers-Paul, who now lives in Canada, said he feels let down by the current Labour Government. 

As a resident of Sir Keir Starmer’s constituency, Holborn and St Pancras, Akers-Paul sought guidance and support from the now-Prime Minister’s office. 

Starmer’s office promised to make changes if Labour won power. But Akers-Paul said he is disappointed by the lack of improvements. 

He said: “He [Starmer] was very aware of my case but offered very little to no support. He couldn’t care less.

“It’s all a game to these guys. Anything to gain power and once they have it, they don’t care about you.”

Dominic with his mother, Franca Akers-Penn, at his graduation ceremony in 2017

Dominic with his mother, Franca Akers-Penn, at his graduation ceremony in 2017

Akers-Paul wrote to Sir Keir Starmer, his MP, repeatedly for help on his case

Akers-Paul wrote to Sir Keir Starmer, his MP, repeatedly for help on his case

Sir Keir's office said there was little they could change until Labour won power

Sir Keir's office said there was little they could change until Labour won power

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Following the PHSO review, the WCS conducted their own investigation into the handing of the Tobierres' claims

Mark Brett, WCS Head of Windrush Policy, wrote directly to Charlotte to apologise for their litany of mistakes

Mark Brett, WCS Head of Windrush Policy, wrote directly to Charlotte to apologise for their litany of mistakes

Pension losses

The WCS announced they would include private pension losses in their compensation evaluations from January this year.

This was largely triggered by an ombudsman investigation into the Tobierre family’s experiences, where the exclusion of Thomas’ nearly £14,000 private pension loss went ignored for years. 

This was one of a litany of failures identified by the the Parliamentary and Health Service Ombudsman (PHSO) in March last year, including an inconsistent policy and communication with the Tobierres as to whether lesions were included in compensation evaluations.  

Crucially, Thomas felt compelled to accept an offer in January 2021, despite the pension offer still left unresolved. 

The family were in such a tight financial situation that Caroline struggled to afford transport to her hospital appointments and new clothes when she put on weight following her treatment. 

It left her with no choice but to go back to working long hours as a cleaner, while still ill with cancer.  

A PHSO spokesperson said: “This shows how one person’s complaint can lead to improvements that will benefit many individuals and their families.

“Further changes have since been made to the Scheme, which is a step in the right direction. 

"However, the complaints we are seeing continue to raise concerns we highlighted in our 2024 report. There is still work to be done to make sure those who are owed compensation can access what they are entitled to.”

In response to the ombudsman report, the WCS opened their own review. They acknowledged and apologised for the mistakes.

In April 2025, WCS Head of Windrush Policy Mark Brett, wrote: “I would like to take this time to once again express my deepest apologies for the errors that occurred. Our failings caused real harm to you and your family, and this cannot be undone.

“We can never make up for what has happened, but I hope this letter has offered some reassurance that we have learned from these mistakes and have taken meaningful measures to ensure they are not repeated."

Less than a year later, they implemented a new policy to include pension losses in their compensation calculations.

Charlotte said: “I’m pleased. I hope it does help everybody. I always thought that if I can get it for my dad then I can get it for everybody.

“But there’s still so much that’s really wrong with the whole scheme.”

Thomas’ loss of employment entitlement is being reconsidered, following the ombudsman and WCS reviews.

But Charlotte thinks his ‘impact of life’ claim should also be reconsidered, as the financial hit had a severe mental toll on the family’s wellbeing at a time that was always going to be one of the worst points in their lives. 

So far, the WCS has declined to reevaluate this criteria.

Nicola Burgess: Legal assistance drastically changes the outcome of a WCS claim

Nicola Burgess: Legal assistance drastically changes the outcome of a WCS claim

“Justice has a price and they don’t want to pay that price"

"So they’re going to continue with the smoke and mirrors of the scheme and hope it goes away”

Dominic Akers-Paul

Should the WCS be independent of the Home Office?

Charlotte thinks the litany of errors in her parent’s claims point to a failing scheme, which should be independent of the body responsible for causing harm to those it now compensates. 

She said: “There were so many errors in my dad’s claim, in the complaint process and in my mum’s claim. I wouldn’t even be able to list them all. There are so many of them that I’m not sure whether my dad’s claim was properly assessed.

“It should just be independent. I don’t think I’ve ever really believed in it, maybe at the beginning when we put the forms in. But after the first offer my dad got, we knew from then that this wasn’t going to work.”

Akers-Paul agrees: “The only way to fix this is to make it independent.

"It would get rid of all this smoke and mirrors where the Home Office hides all the cases they don’t like, or cherry-pick and post online the good cases and the numbers on compensation.

“Justice has a price and they don’t want to pay that price. So they’re going to continue with the smoke and mirrors of the scheme and hope it goes away.”

Human Rights Watch (HRW) began working on the WCS in 2023. They partner with the affected communities, lawyers assisting them, journalists covering it and advocacy groups.

HMR’s senior researcher on racism in Europe, Almaz Teffera, said the Windrush scandal is closely tied up with experiences of racist discrimination immigrants faced, which is a violation of their human rights.

The scheme’s failures to properly compensate victims further violates their human right of redress, Teffera said.

The British Government has signed United Nations treaties, which bind them to human rights guarantees.

The NGO reports on the scheme’s flaws and takes this to UN bodies which then scrutinise and hold the British Government to account. 

Teffera said: “It allows us to make sure that these issues are being heard and that governments do get away with rights abuses. It’s an accountability mechanism.”

But for her, it no longer makes sense to have a WCS independent of the Home Office.

Almaz Teffera, Human Rights Watch: It's too late for an independent WCS

Almaz Teffera, Human Rights Watch: It's too late for an independent WCS

Charlotte Tobierre is no longer relieved.

The family have been fighting for proper justice since Thomas first lost his job in 2017 and since the Government promised to make reparations in 2018.  

While the Tobierres have received some compensation, the process was re-traumatising on many levels.

And it’s still not over for them. 

Like thousands of other legal immigrants, the Tobierres will continue demanding full and fair redress. 

Thomas’ right to live and work in the UK may not have been properly documented in 1960. 

But his family’s treatment by the Government has been.

It will be held up as an example of a scheme that continues to fail in its sole purpose of addressing one of the biggest scandals in British history. 

Sir Kier's office declined to comment on individual cases.

The Home Office did not respond to a request for comment.

Featured image credit: © IWM (FL 9448)