Windrush Generation lawyer Jacqueline McKenzie calls for Home Secretary to launch statutory inquiry into the Windrush Scandal

Ms McKenzie, head of immigration and asylum at law firm Leigh Day, has been at the forefront of efforts to secure justice for victims of the scandal, representing hundreds of claimants affected by the government's hostile environment policy.  

In a formal letter addressed to the Home Secretary, Ms McKenzie outlined the urgent need for a fully independent and legally empowered investigation into the Windrush Scandal, arguing that previous reviews have failed to deliver justice for victims. 

She warns that if the government does not take immediate steps to establish an inquiry, she may be left with no choice but to advise her clients to initiate legal proceedings. 

This would be through judicial review of the failure to hold an inquiry. 

In a letter sent on 30 January 2025, Jacqueline McKenzie said: 

“Time is of the essence in instigating this inquiry. Many of the victims of the Windrush Scandal have already passed away, and of those still alive, many are elderly. There is an urgent need for the inquiry to get underway, to provide answers to those whose lives have been most severely affected and to learn lessons before it is too late.”   

The Windrush Scandal came to public attention in 2017 when it was revealed that thousands of Caribbean-born Britons, who had lived in the UK for decades, were wrongly classified as illegal immigrants. Many were denied access to public services, lost their jobs, were detained, or even deported due to a lack of official documentation. 

Ms McKenzie has been working to secure the rights of Caribbean-born Britons since before the scandal hit the headlines. Despite repeated promises from the government, she argues that systemic failures persist, and many victims have yet to receive the justice and compensation they deserve. 

Last year the Home Office published a report examining the historical roots of the Windrush Scandal. The report came in response to Wendy Williams' “Windrush Lessons Learned Review”, which highlighted the need for Home Office staff to be educated on Britain's colonial past, the history of migration, and the experiences of black Britons. 

A tribunal judge previously ruled the report must be disclosed in response to a Freedom of Information request. The previous government refused to disclose it, even when challenged through the courts. In a letter to Ms McKenzie, MP and Minister for Migration and Citizenship Seema Malhotra previously expressed a commitment to greater transparency and to ensuring that victims receive the respect and support they deserve from the government. The report looks into the relationship between UK immigration policies and racial history, offering insights into how these have shaped the nation's approach to immigration over the decades. 

The letter to the Home Secretary cites the government’s legal obligations under the Inquiries Act 2005 and Article 3 of the European Convention on Human Rights, which prohibits inhuman and degrading treatment. She highlights previous investigations, including the Windrush Lessons Learned Review, did not have the legal power to compel witnesses or ensure effective participation from victims, thus failing to meet the requirements of a full and independent inquiry. 

Ms McKenzie has requested a full response from the Home Secretary by 4pm on 6 February 2025. She says if she does not receive a satisfactory response to this correspondence within this timeframe, she may have no option but to commence legal proceedings. 

Jacqueline McKenzie said: 

“The Home Office cannot deliver justice to the Windrush victims. We said from the beginning that the compensation scheme should have been independent. The Home Office has had five years to resolve these issues and yet there are still people who have not obtained their immigration status and or compensation, and amongst those who have, there are still those who suffer from trauma brought on by not fully understanding the causes of the scandal. The time has come for a statutory public inquiry to establish the truth, identify accountability, and ensure this never happens again. 

“There has been no effective investigation into the violations suffered by Windrush victims. Many have died, and others are elderly. Time is of the essence. A statutory inquiry is essential to uncover the full extent of what happened and prevent future injustices.”