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Strategic litigation

Windrush

Windrush

In April 2023, we launched legal proceedings, in partnership with the Public Law Project, against the then Home Secretary Suella Braverman for refusing to implement all the recommendations from the independent review into the Windrush scandal.

The recommendations scrapped were, to run reconciliation events, to introduce a Migrants’ Commissioner and to review the remit and role of the Independent Chief Inspector of Borders and Immigration.

BEO intervened in light of the harm caused by the hostile environment and its ongoing impact on Black communities.

The Court found in relation to two of three dropped recommendations should be reconsidered:

  • The appointment of a commissioner responsible for “speaking up for migrants and those affected by the system directly or indirectly”
  • A review of the powers of the Independent Chief Inspector of Borders and Immigration

The judge explicitly stated that the former Secretary of State’s decision to abandon these recommendations indirectly discriminated against Windrush victims.

The judge did not find that the decision to abandon the recommended reconciliation events was unlawful. However, the judge did recognise and acknowledge the harm caused by not proceeding with these important events. Despite this we are pushing for the new government to implement all of the dropped recommendations.

Kehinde Adeogun, Director of Legal Services and Policy at Black Equity Organisation said: “BEO welcomes today’s judgment as it confirms that we have a duty to challenge government decisions where racism and inequity is evident. Suella Braverman’s decision to abandon these recommendations was unlawful and the Court today has substantiated this.

“We are especially pleased that Mrs Justice Williams recognised the discrimination of the Windrush generation in her judgment and referenced the evidence by our witnesses, including the expert report by Frances Webber, former Vice Chair of the Institute of Race Relations, as to the institutional racism that was at the centre of decisions made by the Home Office and the former Home Secretary. We will continue to hold public institutions to account to ensure that institutional racism is eradicated from our society.