The British government broke equality law when it introduced its ‘hostile environment’ policy which led to the Windrush Scandal, a report has found.
According to a critical report from the Equality and Human Rights Commission (EHRC), the consequences of the policy were “repeatedly ignored, dismissed or their severity disregarded” as they were being implemented by the Home Office.
Under the ‘hostile environment’ policy, it has been estimated that 50,000 people were threatened with the possibility of being deported for not formalising their residency status or the documentation to prove it.
Many of the Windrush generation were affected by the policy for several reasons beyond their control and most importantly, because the Home Office did not keep record of individuals entering Britain with leave to remain before 1 January 1973. Many people were deported, with others losing access to healthcare, bank accounts and housing.
In an agreement with the EHRC, the Home Office has now committed to engaging with those affected, remaining transparent and improving its understanding and compliance with the Public Sector Equality Duty (PSED) to make sure the events are never repeated again.
Caroline Waters, interim chair of the EHRC, said: “The treatment of the Windrush generation as a result of hostile environment policies was a shameful stain on British history.
“It is unacceptable that equality legislation, designed to prevent an unfair or disproportionate impact on people from ethnic minorities and other groups, was effectively ignored in the creation and delivery of policies that had such profound implications for so many people’s lives.
“Our review has identified where the Home Office fell short of its legal obligations.”
Home Secretary Priti Patel and permanent secretary Matthew Rycroft said: “We are determined to right the wrongs suffered by the Windrush generation and make amends for the institutional failings they faced spanning successive governments over several decades.
“This report highlights a number of important areas for improvement by the Home Office, building on the work we are already doing in response to the Windrush Lessons Learned Review to apply a more rigorous approach to policy making, increase openness to scrutiny, and create a more inclusive workforce – including by launching comprehensive training for everyone working in the Home Office to ensure they understand and appreciate the history of migration and race in this country.
“We are working closely with the EHRC on an action plan designed to ensure that we never make similar mistakes in the future.”