The High Court has heard arguments over the controversial decision to drop critical Windrush recommendations, sparking accusations of discrimination and broken pledges against Suella Braverman and the Home Office. Here’s the full story.
Windrush Fallout
The fallout from the Windrush scandal continues to reverberate through British society, with allegations of discrimination and broken promises surfacing in a recent legal battle against the Home Office.
‘Home Office’ Scandal
The Windrush scandal, which many victims have claimed should instead be called the Home Office scandal, was unveiled in 2018 and exposed the wrongful detention, deportation, and threats of deportation faced by British citizens, primarily from the Caribbean.
Empire Windrush
These individuals, part of the Windrush generation – named after the Empire Windrush, the first ship to bring migrants from the Caribbean in 1948 – had every right to reside in the UK but were subjected to horrifying mistreatment from the British government.
Hostile Environment Policy
Due to the hostile environment policy enacted by the then Home Secretary Theresa May, which made it a legal requirement for banks, landlords, employers, the NHS and charities to ensure those using their services had a legal right to be in the UK, a number of the Windrush generation were, wrongfully, treated as illegal immigrants.
Unlawful Discrimination
One victim, Trevor Donald, has taken legal action against the Home Office, alleging unlawful discrimination in its decision not to carry out several recommendations made to it following an independent review of the scandal.
Trapped
Donald, born in Jamaica, left the island at 11 to travel to the UK, where he lived for 43 years. Following the death of his mother, he returned to Jamaica for her funeral, only to be trapped on the island for nine years due to the UK government refusing him permission to return.
Scandal Revealed
Donald was eventually allowed to return to the UK in 2019 after the Windrush scandal broke. He faced challenges such as losing his council flat and strained family relationships. He only officially received his long-overdue British citizenship in 2022.
Lessons Learned Review
Solicitor Wendy Williams conducted the Windrush Lessons Learned Review in 2020, and then-Home Secretary Priti Patel initially endorsed all 30 recommendations.
30 Recommendations
Despite the initial acceptance of all 30 recommendations, the Home Office, under the leadership of Suella Braverman, opted to discard three critical pledges in January 2023.
Migrants’ Commissioner
These included commitments to establish a migrants’ commissioner (recommendation 9), empower the independent chief inspector of borders and immigration (recommendation 10), and organise reconciliation events (recommendation 3).
“Unlawful Discrimination”
Phillippa Kaufmann KC, representing Trevor Donald, told the court, “The decision not to proceed with Recommendations 3, 9 and 10 amounts to unlawful discrimination contrary to the claimant’s rights under Article 14 of the ECHR (European Convention on Human Rights) read with Article 8.”
Historic Mistreatment
The Black Equity Organisation (BEO) and trade union Unison support this claim, asserting that the abandonment of these recommendations perpetuates historic mistreatment and broken promises faced by the Windrush generation.
Breaking Promises
Nicola Braganza KC, a lawyer for the BEO, stated, “This decision – breaking a clear and repeated promise and public commitment – and the way in which it was taken, without due consultation, left Mr Donald, BEO and members of the Windrush and black communities feeling ‘extremely disappointed’, ‘shocked and angered’ and ‘betrayed’.”
“Abandonment of the Recommendations”
She added, “The abandonment of the recommendations, designed to redress the historic mistreatment of the Windrush generation, is another example of the broken promises that particularly the Windrush cohort has faced, and that white British citizens have not and would not be subjected to.”
“No Obligation”
The Home Office contests the allegations, with its lawyers arguing that the Windrush Lessons review’s recommendations “were not legally binding and there was no obligation on His Majesty’s Government to implement the recommendations, whether in a particular format or at all.”
Old and New Policy
Edward Brown KC, representing the Home Office, stated, “The defendant’s position is that both the old and the new policy were lawful. The rights and wrongs of both policies involve assessments and judgments regarding quintessentially political issues.”
Significant Implications
As the legal proceedings unfold before Mrs Justice Heather Williams, the outcome of this case holds significant implications, not only for the Windrush generation but also for broader questions of the British state’s accountability when it fails to uphold its standards of justice.
Echoes of Windrush
As similar anti-immigration measures are carried out in the modern day, echoes of the Windrush scandal will no doubt be in the minds of those in government, wary of how the future will look back on their treatment of some of the most vulnerable people on the planet.
The Case Continues
The case continues, with a decision expected at a later date.
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The post “Betrayed” – Court Told Suella Braverman BROKE the Law by Dropping Windrush Measures first appeared on Edge Media.
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Grant Gallacher is a seasoned writer with expertise in politics and impactful daily news. His work, deeply rooted in addressing issues that resonate with a wide audience, showcases an unwavering commitment to bringing forth the stories that matter. He is also known for satirical writing and stand up comedy.