THE Home Office failed to fulfil its legal duties when implementing “hostile environment” policies, a report has found.
This contributed to the serious injustices experienced by the Windrush generation, said the Equality and Human Rights Commission (EHRC).
It assessed how and if the department complied with the Public Sector Equality Duty (PSED) when developing, implementing and monitoring the hostile environment policy agenda, especially in considering its impact on black members of the Windrush generation.
The EHRC found negative consequences were repeatedly ignored, dismissed, or their severity disregarded at crucial points of policy development. There was limited engagement with Windrush representatives, even as the severe effects of hostile environment policies began to emerge.
The findings endorse the conclusion of the Windrush Lessons Learned Review that the experiences of that group were “foreseeable and avoidable”.
EHRC interim chair, Caroline Waters, 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. The department has worked constructively with us throughout our assessment, and we are pleased that it has willingly committed to enter into an agreement with us to learn the lessons from the experiences of the Windrush generation so they can never be repeated.”
Satbir Singh, chief executive of the Joint Council for the Welfare of Immigrants (JCWI) said campaigners had repeatedly warned the Home Office that their hostile environment policies would “inevitably” lead to serious discrimination and the denial of rights, particularly for people of colour, but the warnings were ignored.
He said: “The Home Office has for too long cared more about its reputation and its political objectives than the real-life consequences of its decisions on individuals ... The time for apologies has clearly passed – this government must repeal the hostile environment.”
In a statement, Home Secretary Priti Patel and permanent secretary Matthew Rycroft said they were determined to right the wrongs suffered by the Windrush generation and make amends for the institutional failings they faced. They added: “We are working closely with the EHRC on an action plan designed to ensure that we never make similar mistakes in the future.”
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