July 12, 2026 - 336 views
The UK's first Windrush Commissioner has been given oversight of Windrush Schemes but no power to overturn Home Office decisions
The Government has quietly changed the rules of the Windrush Compensation Scheme, replacing its former oversight figure, "The Independent Person" with Windrush Commissioner Reverend Clive Foster.
The amendment, published on 10 July, states that Foster will now “assure delivery” of the Scheme and may report to the Home Secretary and ministers across the devolved nations of UK.
However, the change gives him no power to decide on claims, overturn Home Office refusals or increase compensation awards. The Home Office, the department responsible for the Windrush scandal, continues to control the assessment and payment of claims.
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Previously, the rules required the Home Secretary to appoint an “Independent Person” to oversee the Scheme. That governance role has now been transferred to the Windrush Commissioner under a memorandum of understanding with the Home Office. The memorandum was produced following a JamRadio investigation into the Commissioner’s independence and the absence of any publicly available document setting out his powers, responsibilities and relationship with the department.
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The memorandum describes Foster as an independent advocate for victims and allows him to scrutinise the Scheme, request information and make recommendations. But it expressly states that it is not legally binding and creates no legal obligations.
The change comes amid continuing criticism of the Home Office’s administration of compensation claims and renewed demands for the Scheme to be transferred to an independent body.
Although Foster replaces the Independent Person responsible for general oversight, separate independent reviewers will continue to consider Tier 2 challenges against individual compensation decisions.
Those reviewers can recommend that a decision be changed, but the Home Office retains the final say. If the department rejects a recommendation, it is only required to provide written reasons.
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The Commissioner similarly cannot order the Home Office to compensate a claimant or correct a decision he considers unfair.
His appointment may provide victims with a stronger public voice and increase scrutiny of how the Scheme operates. But it does not remove any decision-making authority from the Home Office.
The Government has changed who watches the Windrush Compensation Scheme. It has not changed who controls it.
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