A daughter has told how failings in the Windrush compensation scheme led to her missing “precious time” with her cancer-stricken mother who later died before the family’s claim was settled.
On Thursday, the Parliamentary and Health Service Ombudsman (PHSO) called for improvements to the scheme, which was set up by the Home Office in response to the Windrush scandal, after it failed to provide proper compensation to the family.
It comes after a 2024 PHSO report highlighted that the scheme was making wrong decisions and withholding payments in some cases.
A new investigation by the PHSO found a series of failings in the Home Office’s handling of the claims submitted by Thomas Tobierre and his family.
Mr Tobierre, 71, came to the UK from St Lucia in 1960 when he was seven years old and married Caroline, a British citizen, in 1975, the ombudsman said.
In 2017, he was made redundant after working for more than 40 years and was unable to start a new job as he did not have documentation to prove he could live and work in the UK.
He was forced to live on his savings and cash in his private pension worth around £14,000, according to the ombudsman.
After the Windrush scandal, Mr Tobierre was granted the right to live and work in the UK and returned to work in 2018.
However, within a few weeks Caroline was diagnosed with stage 4 bowel cancer and, later, a brain tumour.
In July 2019, Mr Tobierre made a claim to the compensation scheme for loss of access to employment and the impact this had on his life and later accepted an offer in January 2021 after several reviews.
Caroline applied for compensation in August 2021 when she was 64 years old and had around six months to live but she died in November 2021 before her claim was settled, despite it being expedited.
Her husband accepted a revised offer a month after she died.
The ombudsman investigation into the family’s case found a number of failings including that the scheme did not properly action Mr Tobierre’s claim or properly consider its decision to exclude private pensions.
Furthermore, Mr Tobierre was not fully compensated for the impacts he experienced while the lengthy review process meant he and his wife suffered financial hardship for longer than they should have, the PHSO said.
For his wife’s claim, the ombudsman found the scheme did not properly consider the evidence she had provided, mishandled communication about a funeral costs payment and did so insensitively, the ombudsman added.
The PHSO said failings in the Home Office’s complaint handling caused the family distress and meant they had missed out on time with Caroline before her death.
Mr Tobierre’s daughter, Charlotte, said: “It almost feels like my mum and dad had done something wrong.
“It didn’t feel like they were victims at all, it felt hard and harsh and the time that it took was just unbelievable.
“When I started the first claim about pension loss, we started it as a three, my dad, me and my mum, and it’s sad that we end it with just me and my dad.
“It was exhausting.
“We were absolutely consumed by it and that overshadowed my mum’s cancer journey.
“I felt sad afterwards thinking we wasted so much time talking about Windrush and we missed spending precious time together.”
She added: “I would urge everyone, if they are not happy with the scheme, lodge a complaint. It really needs to be held to account.”
Following the investigation, the PHSO said Mr Tobierre and his daughter, 40, will receive £25,000 between them while the Home Office is reviewing its decision to exclude private pension losses from claims.
This could mean others are entitled to more compensation, according to the ombudsman.
The Home Office has also agreed to apologise to the two, the ombudsman said.
The Windrush scandal, now referred to by some victims as the Home Office scandal, erupted in 2018 when British citizens were wrongly detained, deported or threatened with deportation despite having the right to live in Britain.
The latest statistics, published by the Home Office at the end of August, showed that as of July this year just over £115 million had been paid out under the compensation scheme set up in the wake of the scandal.
PHSO chief executive Rebecca Hilsenrath KC said: “The Windrush compensation scheme was set up to right wrongs, but complaints like this show it is not working as it should.
“Improvements in how the scheme operates are needed and I hope the appointment of the new Windrush Commissioner will drive forward these much-needed changes.”
She added: “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.
“We know those impacted are less likely to make complaints.
“However, it is really important that people come forward with their concerns.
“We know that there is important learning we need to do nationally about how we develop effective, user-friendly compensation schemes.
“By making a complaint and sharing their story, those affected can help improve public services for everyone and help stop mistakes from being repeated.”
A Home Office spokesperson said: “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.
“We have accepted all of the ombudsman’s recommendations and have apologised to the Tobierre family.”
