Home Office ‘fell short of its legal obligation on Windrush’

THE Home Office ignored equality law in its treatment of the Windrush generation under Theresa May’s “hostile environment”, leading to serious injustices, a watchdog has found.

The Equality and Human Rights Commission ( EHRC) said the Home Office failed to comply with its duty on equality in the way it developed, implemented and monitored its hostile environment policy, and particularly in relation to black members of the Windrush generation. The EHRC said officials repeatedly ignored or dismissed warnings the policy – designed to create a “hostile environment” for illegal migrants – could have a negative impact on the Windrush generation.

The EHRC criticised “limited engagement” by the Home Office with representatives of the Windrush generation, even as the effects of hostile environment policies began to emerge. It said too little effort was made to ensure equality of treatment for the residents which meant their rights to be exempt from immigration rules were “interpreted incorrectly or inconsistently”.

Caroline Waters, the EHRC’S interim chairman, said: “Our review has identified where the Home Office fell short of its legal obligations. It is unacceptable [that] equality legislation … was effectively ignored in the creation and delivery of policies that had such profound implications for so many people’s lives.”

The Home Office has committed to enter an agreement with the EHRC that will set out the actions it will take to prevent a repeat of the scandal.