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| Home Office told of Windrush errors five years ago, experts say | Home Office told of Windrush errors five years ago, experts say |
| (3 months later) | |
| The Home Office was repeatedly warned that Windrush generation residents had been wrongly classified as being in the country illegally as long ago as 2013, according to immigration advice experts. | The Home Office was repeatedly warned that Windrush generation residents had been wrongly classified as being in the country illegally as long ago as 2013, according to immigration advice experts. |
| After Capita was awarded a Home Office contract in 2012 to help target around 174,000 migrants who had overstayed their visas, pro bono legal advisers said they began to be contacted by older, Caribbean-born individuals concerned that they were receiving text messages and letters advising them to leave the country. The advisers contacted the Home Office to tell them this group had been wrongly targeted. | After Capita was awarded a Home Office contract in 2012 to help target around 174,000 migrants who had overstayed their visas, pro bono legal advisers said they began to be contacted by older, Caribbean-born individuals concerned that they were receiving text messages and letters advising them to leave the country. The advisers contacted the Home Office to tell them this group had been wrongly targeted. |
| The detail about the warnings given to the Home Office undermines the credibility of briefings the department gave to the media last month, claiming that until mid-April this year officials had been convinced that only a handful of people were affected by the Windrush scandal. | The detail about the warnings given to the Home Office undermines the credibility of briefings the department gave to the media last month, claiming that until mid-April this year officials had been convinced that only a handful of people were affected by the Windrush scandal. |
| Who are the Windrush generation? | Who are the Windrush generation? |
| They are people who arrived in the UK after the second world war from Caribbean countries at the invitation of the British government. The first group arrived on the ship MV Empire Windrush in June 1948. | They are people who arrived in the UK after the second world war from Caribbean countries at the invitation of the British government. The first group arrived on the ship MV Empire Windrush in June 1948. |
| What happened to them? | What happened to them? |
| An estimated 50,000 people faced the risk of deportation if they had never formalised their residency status and did not have the required documentation to prove it. | An estimated 50,000 people faced the risk of deportation if they had never formalised their residency status and did not have the required documentation to prove it. |
| Why now? | Why now? |
| It stems from a policy, set out by Theresa May when she was home secretary, to make the UK 'a really hostile environment for illegal immigrants'. It requires employers, NHS staff, private landlords and other bodies to demand evidence of people’s citizenship or immigration status. | It stems from a policy, set out by Theresa May when she was home secretary, to make the UK 'a really hostile environment for illegal immigrants'. It requires employers, NHS staff, private landlords and other bodies to demand evidence of people’s citizenship or immigration status. |
| Why do they not have the correct paperwork and status? | Why do they not have the correct paperwork and status? |
| Some children, often travelling on their parents’ passports, were never formally naturalised and many moved to the UK before the countries in which they were born became independent, so they assumed they were British. In some cases, they did not apply for passports. The Home Office did not keep a record of people entering the country and granted leave to remain, which was conferred on anyone living continuously in the country since before 1 January 1973. | Some children, often travelling on their parents’ passports, were never formally naturalised and many moved to the UK before the countries in which they were born became independent, so they assumed they were British. In some cases, they did not apply for passports. The Home Office did not keep a record of people entering the country and granted leave to remain, which was conferred on anyone living continuously in the country since before 1 January 1973. |
| What did the government try and do to resolve the problem? | |
| A Home Office team was set up to ensure Commonwealth-born long-term UK residents would no longer find themselves classified as being in the UK illegally. But a month after one minister promised the cases would be resolved within two weeks, many remained destitute. In November 2018 home secretary Sajid Javid revealed that at least 11 Britons who had been wrongly deported had died. In April 2019 the government agreed to pay up to £200m in compensation. | |
| The fact that a number of people were wrongly included in the database of people who were probably in the country illegally that the Home Office passed to Capita was widely reported at the time, and Capita blamed out-of-date Home Office records for the errors. This week, however, the chief executive of a large law centre said his staff quickly became aware that the Home Office was wrongly targeting people who would now be recognised as Windrush residents, and that they made departmental staff aware of their concerns. | The fact that a number of people were wrongly included in the database of people who were probably in the country illegally that the Home Office passed to Capita was widely reported at the time, and Capita blamed out-of-date Home Office records for the errors. This week, however, the chief executive of a large law centre said his staff quickly became aware that the Home Office was wrongly targeting people who would now be recognised as Windrush residents, and that they made departmental staff aware of their concerns. |
| Case workers at the Refugee and Migrant Centre (RMC) in Wolverhampton said they saw hundreds of cases of individuals who had wrongly received Capita letters telling them that they had no right to be in the UK. About half of the letters were sent to people who already had leave to remain, or who were in the process of regularising their immigration status with the Home Office. | Case workers at the Refugee and Migrant Centre (RMC) in Wolverhampton said they saw hundreds of cases of individuals who had wrongly received Capita letters telling them that they had no right to be in the UK. About half of the letters were sent to people who already had leave to remain, or who were in the process of regularising their immigration status with the Home Office. |
| Some people were sent text messages stating: “Our records show you may not have leave to remain in the UK”. Others received letters telling them: “If you do not have the right to remain in the UK, you must make immediate arrangements to leave the United Kingdom.” | Some people were sent text messages stating: “Our records show you may not have leave to remain in the UK”. Others received letters telling them: “If you do not have the right to remain in the UK, you must make immediate arrangements to leave the United Kingdom.” |
| Arten Llazari, the RMC’s chief executive, said: “The Capita 2012 contract effectively outsourced part of the creation of the hostile environment to the private sector. In the process many vulnerable citizens, mostly of Caribbean descent, were harassed and repeatedly threatened with deportation. | Arten Llazari, the RMC’s chief executive, said: “The Capita 2012 contract effectively outsourced part of the creation of the hostile environment to the private sector. In the process many vulnerable citizens, mostly of Caribbean descent, were harassed and repeatedly threatened with deportation. |
| “Charities and concerned MPs have been highlighting what is now known as the Windrush scandal to the Home Office since at least 2013 to no avail.” | “Charities and concerned MPs have been highlighting what is now known as the Windrush scandal to the Home Office since at least 2013 to no avail.” |
| He said caseworkers were contacted in large numbers from 2013 onwards by older West Indian people who were “extremely baffled” to have received the texts and letters. Apart from repeatedly informing the Home Office of the mistakes, caseworkers also alerted local MPs, who contacted the Home Office, Llazari said. | He said caseworkers were contacted in large numbers from 2013 onwards by older West Indian people who were “extremely baffled” to have received the texts and letters. Apart from repeatedly informing the Home Office of the mistakes, caseworkers also alerted local MPs, who contacted the Home Office, Llazari said. |
| Sometimes when caseworkers contacted Capita, they were told the letter had been sent by mistake and the individual should ignore it. The outsourcing of the contract made the complaints process more complicated, but staff said they registered concerns both with Capita and the Home Office. | Sometimes when caseworkers contacted Capita, they were told the letter had been sent by mistake and the individual should ignore it. The outsourcing of the contract made the complaints process more complicated, but staff said they registered concerns both with Capita and the Home Office. |
| Caseworkers concluded that because so many of those who received letters were entitled to stay in the UK, there was a “scattergun” approach to communications. | Caseworkers concluded that because so many of those who received letters were entitled to stay in the UK, there was a “scattergun” approach to communications. |
| 'I'm glad we spoke out': Windrush victim who shone a light on the scandal | 'I'm glad we spoke out': Windrush victim who shone a light on the scandal |
| Daniel Ashwell, a senior RMC caseworker, said: “It was the cause of quite a deal of anxiety and confusion for people who were wrongly sent letters. It was also not a particularly effective process in our experience, given the number of people who wrongly received the letters.” | Daniel Ashwell, a senior RMC caseworker, said: “It was the cause of quite a deal of anxiety and confusion for people who were wrongly sent letters. It was also not a particularly effective process in our experience, given the number of people who wrongly received the letters.” |
| Capita contacted one RMC client who had arrived from Jamaica in 1963 with a British Subject passport and told him he was in the UK illegally and had to leave in April 2013. He then applied for settlement in the UK. | Capita contacted one RMC client who had arrived from Jamaica in 1963 with a British Subject passport and told him he was in the UK illegally and had to leave in April 2013. He then applied for settlement in the UK. |
| Sue Lukes, an independent immigration specialist who trains housing providers and local authorities, said London councils would have repeatedly alerted the Home Office to their concerns about the impact of hostile environment policies on Windrush-generation people from 2013 onwards. | Sue Lukes, an independent immigration specialist who trains housing providers and local authorities, said London councils would have repeatedly alerted the Home Office to their concerns about the impact of hostile environment policies on Windrush-generation people from 2013 onwards. |
| “In terms of numbers, the Home Office must have known there were certainly not seven or eight people affected. Local authorities would have contacted them about many more than that,” she said. | “In terms of numbers, the Home Office must have known there were certainly not seven or eight people affected. Local authorities would have contacted them about many more than that,” she said. |
| “Most London councils for example, would have seen at least three or four a year for the last few years. I was often told that the response from the Home Office was that they ‘had no record’ of this person, which caused problems because councils then sometimes [wrongly] refused them housing services.” | “Most London councils for example, would have seen at least three or four a year for the last few years. I was often told that the response from the Home Office was that they ‘had no record’ of this person, which caused problems because councils then sometimes [wrongly] refused them housing services.” |
| Capita referred a request for comment to the Home Office, adding that it had not held the contract since October 2016. | Capita referred a request for comment to the Home Office, adding that it had not held the contract since October 2016. |
| A Home Office spokesperson said: “Capita was previously contracted by the Home Office to contact people who may not have had valid leave to remain. Part of their work was to ensure the details of people on the immigration database were correct and amended where necessary.” | A Home Office spokesperson said: “Capita was previously contracted by the Home Office to contact people who may not have had valid leave to remain. Part of their work was to ensure the details of people on the immigration database were correct and amended where necessary.” |
| The spokesperson said Capita “was only contracted to establish contact with certain immigration cases in the migration refusal pool” before they were passed on to the UK Visas and Immigration division. “The Home Office used feedback to improve its processes.” | The spokesperson said Capita “was only contracted to establish contact with certain immigration cases in the migration refusal pool” before they were passed on to the UK Visas and Immigration division. “The Home Office used feedback to improve its processes.” |
| Llazari, however, said Capita did more than establish contact. “It kept telling people they had no right to be in the country and to make arrangements to leave. | Llazari, however, said Capita did more than establish contact. “It kept telling people they had no right to be in the country and to make arrangements to leave. |
| “The details of thousands of Windrush people were wrongly included in the database Capita was given by the Home Office. The contract ran during 2013-14. If the feedback was used by the Home Office to improve processes then how come Windrush cases were still being detained in 2017?” | “The details of thousands of Windrush people were wrongly included in the database Capita was given by the Home Office. The contract ran during 2013-14. If the feedback was used by the Home Office to improve processes then how come Windrush cases were still being detained in 2017?” |
| The government received other warnings about the impact of hostile environment policies on the Windrush generation. The Joint Council for the Welfare of Immigrants and the charity Liberty summarised some in a dossier titled Windrush and the Hostile Environment, published last month. | The government received other warnings about the impact of hostile environment policies on the Windrush generation. The Joint Council for the Welfare of Immigrants and the charity Liberty summarised some in a dossier titled Windrush and the Hostile Environment, published last month. |
| The BBC reported that Caribbean governments told the then foreign secretary Philip Hammond in April 2016 about immigrants facing deportation despite having lived in the UK for most of their lives. The broadcaster said a report about their concerns was passed to the Home Office, which was led at the time by Theresa May. | The BBC reported that Caribbean governments told the then foreign secretary Philip Hammond in April 2016 about immigrants facing deportation despite having lived in the UK for most of their lives. The broadcaster said a report about their concerns was passed to the Home Office, which was led at the time by Theresa May. |
| Commonwealth immigration | Commonwealth immigration |
| Immigration and asylum | Immigration and asylum |
| Migration | Migration |
| Windrush scandal | Windrush scandal |
| news | news |
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