The Parliamentary Health and Service Ombudsman has called for the Windrush compensation scheme to be improved after an investigation found the Home Office failed to properly consider a dying woman’s evidence and wrongly excluded her husband’s private pension loss.
The ombudsman today announced that Thomas Tobierre, 71, and his daughter Charlotte, 40, will receive £25,000 between them and the Home Office is reviewing its decision to exclude private pension losses from claims.
Thomas came to the UK from St Lucia in 1960 and married Caroline, a British citizen, in 1975. After working for over 40 years, he was made redundant. Without any documents to prove he could live and work in the UK, Thomas had to live on his savings and cash in his private pension. Caroline, who was diagnosed with stage 4 bowel cancer and later a brain tumour, applied for compensation when she had around six months to live.
The ombudsman’s investigation found that Thomas was not fully compensated for what he experienced. The lengthy review process meant Thomas and Caroline ‘suffered financial hardship for longer than they should have’.
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The scheme did not properly consider the evidence Caroline provided, the ombudsman added. ‘The scheme also mishandled communication about a funeral costs payment and did so insensitively, while failings in the Home Office’s complaint-handling compounded the family’s distress and meant they missed out on precious time with Caroline ahead of her death.’
Rebecca Hilsenrath KC (Hon), chief executive of the ombudsman, said: 'The impact of this case has been profound for Thomas and Charlotte. Not only was the whole process long and confusing, but Thomas was not properly compensated for his pension loss. The scheme’s insensitive handling added to the family’s grief after Caroline’s death and compounded their distress as they missed out on precious time together.'
The Home Office has accepted the ombudsman’s recommendations and apologised to the family.
‘This government is delivering on its commitment to ensure Windrush victims' voices are heard, justice is sped up and the compensation scheme is run effectively. Since coming to office, we have re-established the Windrush Unit and appointed the first Windrush Commissioner,’ a spokesperson said.
Campaigners have long called for the scheme to be taken out of Home Office hands.
In 2024, King’s College London published research that found ‘structural failings’ in the scheme. Its legal clinic hosted 'The Promise', a groundbreaking immersive performance this year, which drew on real-life testimonies from those affected by the Windrush scandal.
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