The High Court has ruled that the Home Office’s decision to drop key recommendations from the Windrush Review was unlawful.  

Today’s judgment follows a judicial review claim brought by Windrush victim Trevor Donald. Black Equity Organisation (BEO) intervened in these proceedings, represented by PLP. 

With PLP’s support, BEO argued that the decision’s impact must be considered in the context of historic mistreatment faced by the Windrush generation. 

BEO’s evidence on the impact of the decision, which it viewed as being influenced by institutionally racist decision making at the Home Office, included statements from Windrush victims and campaigners and an expert report by Frances Webber, former Vice Chair of the Institute of Race Relations. We are very pleased that this expert report was referenced in the judge’s judgment. 

It is apparent from the judgment that the judge agreed that the evidence before her – including the evidence provided by BEO – demonstrated the detrimental impact that the decision to drop these recommendations had on Windrush victims. 

The court has found that the Home Office indirectly discriminated against Windrush victims, contrary to Article 14 of the European Convention on Human Rights, by scrapping plans to: 

  • Introduce a Migrants’ Commissioner, and
  • Review the powers of the Independent Chief Inspector of Borders and Immigration.

The court also held that the former Home Secretary Suella Braverman’s decision did not comply with the public sector equality duty under the Equality Act 2010 and was in breach of a legitimate expectation that the Home Office would consult with relevant stakeholders, including representatives of the Windrush community and people like Wendy Williams, who carried out the Review.

As a result of the judgment, the Home Office’s decision to drop those two recommendations has been quashed. 

The judge did not find the decision to abandon a third key Windrush recommendation about reconciliation events to be unlawful, as evidence showed that there had been some consultation on this issue. However, she did acknowledge the hurt caused by the Home Office dropping these proposed events. 

Find out more from Black Equity Organisation’s statement.

Read the BBC’s coverage of this judgment.