National Preventive Mechanism Eleventh Annual Report 2019–20
Windrush
There were a series of further developments
around the Windrush scandal. HM Inspector
at HMICFRS, Wendy Williams, who had been
asked by the then Home Secretary Rt Hon
Sajid Javid MP to provide an independent
assessment of the events leading up to the
Windrush scandal and to identify the key
lessons for the Home Office, published her
report in March 2020.95 The report provided
updates on the work of the Windrush
Taskforce (a dedicated team working to
resolve applications under the Scheme
as quickly as possible) and the Windrush
Historical Cases Review unit (established to
examine the immigration records of 11,800
British residents of Caribbean Commonwealth
nationality who were born before 1973 and
who had been held in immigration detention
or removed from the UK since 2002).
The unit found that 122 members of the
Windrush generation had been detained and
83 had faced removal, with 31 facing both
removal and detention. A series of updates
provided by the Home Office to the Home
Affairs Committee illustrated that a backlog
in cases which were yet to be considered by
the Taskforce had reduced over the year but
that in April 2020 there remained over 1,000
outstanding cases.96
95
96
97
98
34
Immigration detention during
COVID-19
Proceedings for Judicial Review against
the Home Office were issued on 18 March
2020 by the NGO Detention Action and an
Estonian national subject to a deportation
order. It challenged the lawfulness and
safety of continued immigration detention
during the COVID-19 pandemic (as many
escort flights were cancelled, making
detention in IRCs unlawful) and called for the
release of all immigration detainees. While
the case was dismissed by the High Court
seven days later, the Home Office undertook
to review the cases of all people detained.97
During the pandemic some 350 detainees
were released on bail and there was a
significant reduction in removals, with those
to some countries suspended entirely.98
Wendy Williams, March 2020, Windrush Lessons Learned, https://assets.publishing.service.gov.uk/government/uploads/
system/uploads/attachment_data/file/874022/6.5577_HO_Windrush_Lessons_Learned_Review_WEB_v2.pdf
[accessed 31/08/2020]
The Independent, April 2020, Windrush scandal: More than 1,000 cases yet to be considered by Home Office, figures
show, https://www.independent.co.uk/news/uk/home-news/windrush-scandal-home-office-scheme-taskforceimmigration-a9489871.html [accessed 31/08/2020]
Royal Courts of Justice, March 2020, Detention Action & Anor, R (On the Application Of) v Secretary of State for the Home
Department [2020] EWHC 732 (Admin), https://www.bailii.org/ew/cases/EWHC/Admin/2020/732.html [accessed 31/08/2020]
Detention Action, March 2020, Press Release: Over 350 released from immigration detention and all cases to be urgently
reviewed, https://detentionaction.org.uk/2020/03/26/press-release-over-350-released-from-immigration-detention-andall-cases-to-be-urgently-reviewed/ [accessed 31/08/2020]
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