Almost half a million pounds in compensation has been secured following investigations by the Parliamentary and Health Service Ombudsman (PHSO) for people wrongly denied payment by the Windrush Compensation Scheme. 

The Ombudsman found that the Scheme, set up by the Home Office in response to the Windrush scandal, is making wrong decisions and refusing payment to those who are entitled to it. 

By publishing its findings in a new report, ‘Spotlight on the Windrush Compensation Scheme’, PHSO is hopeful that this will present an opportunity for the Home Office to review and make improvements to the current mechanisms in place for compensating people affected by Windrush. 

The report reveals why the Scheme is making wrong decisions. 

These are: 

• telling people they were not eligible for compensation by wrongly applying their own rules 
• not always looking at all the evidence provided 
• applying the rules even when they led to unfair outcomes for some people. It is likely that the unfairness of some of the rules may have affected more people than the cases we have seen. 

Since 2021 the Ombudsman has received 46 complaints about the Compensation Scheme and has asked it to look again at nine of those. Some of those are still under review, but so far PHSO has helped individuals who complained about their treatment to secure a total of £432,592.

Rebecca Hilsenrath, Parliamentary Ombudsman, said:

“The Windrush Compensation Scheme was set up to right the wrongs of a scandal that inflicted harm on very many people. But our evidence shows that further harm and injustice are still being caused by failings in the way the Scheme is working. 

“Our report found people who had applied for compensation were being wrongly denied the money they were owed. We found recurrent reasons for this, suggesting these were not one-off issues but systemic problems.

“The people who brought their complaints to us have helped to shine a light on some unwelcome realities. By listening to them and working together with the Scheme – which has been open to reconsidering the issues we have raised - we have helped many people secure financial remedy. Our intervention has also resulted in wider changes which have the potential to positively affect applicants seeking reparation.

“We hope that the issues raised in this report will help to inform the approach the Home Office applies when managing sensitive issues in future. We also hope that further improvements are made to the Scheme to support the Windrush generation and their families. There could also be lessons for the Government to learn in how it approaches other compensation schemes, for example on the Post Office Horizon scandal, the Infected Blood Inquiry, and the maladministration in relation to women’s state pension age.” 

Rachelle Romeo’s father Auckland Elwaldo Romeo came to the UK from Antigua as a child in 1959. After his passport was stolen, he applied for a new one in 2005 but was told he was never on record as living in the UK. 

Rachelle, 40, a mother-of-three from Enfield, supported her father through the ‘frightening’ and ‘stressful’ process of proving his right to live in the UK, which took 13 years. She applied to the Compensation Scheme for restitution for the toll this had taken on her mental health and ability to work and was awarded £20,000. 

However, the Ombudsman saw that the Scheme had not considered all the evidence about the impact the process of proving her father’s right to live in the UK had on her. For example, they did not speak to her GP or counsellor or properly consider witness statements from colleagues about the impact on her mental health. After the Ombudsman asked the Scheme to reconsider, the offer was increased to £70,000, which Rachelle is currently challenging. 

Rachelle said:

 “Fighting for my father’s right to stay in the UK was incredibly stressful. It was dragged out for 13 years while they made us go from pillar to post to find information and threatened to deport my father after almost 60 years of living here. It broke my resilience. I was unable to work for several months and I’m still on medication for anxiety six years after this was resolved. 

“When I went to the Windrush Compensation Scheme I felt as if they disregarded what I went through. It seemed like they didn’t want to acknowledge what had happened and all the onus was on me to tell them where to look for evidence. This was at a time when my mental health had crashed and I was constantly in fight mode. 

“Their initial offer was insulting for 13 years of my family being ripped apart. How can I heal when even six years after my dad’s passport was issued, I still feel like I have to prove to them how awful that experience was? I haven’t had closure, and that is an extension of the pain they initially put us through.” 

The aim of the report is to encourage people to complain if they have had a bad experience when applying for compensation through the Scheme.  

Rebecca Hilsenrath added:

 “Given the number of people affected by the Windrush scandal, there may be many others who are unhappy with their experience with the Windrush Compensation Scheme. I encourage anyone who has a concern to bring their complaint to us. We’re completely independent, free, open to anyone who doesn’t feel their voice has been heard and we’re focused on fairness. If you feel you have been let down, we want to help by getting to the truth.” 

Read the full report.

England’s Health Ombudsman has warned that women and babies are being put at risk after a worrying rise in the number of investigations about maternity care. 

The Parliamentary and Health Service Ombudsman (PHSO) is urging the Government and NHS leaders to learn from the mistakes being made and take action to protect more families from harm. 

In 2023/24 (1 April – 31 March) the PHSO investigated 87% more cases (28) about maternity care than the previous year (15). These are all cases which have already been investigated by the NHS and where they failed to address concerns. The Ombudsman recently closed a case in which it found a catalogue of failings by a hospital led to the death of a baby girl who was stillborn in December 2018.

In the cases investigated issues identified included delays to treating infection and carrying out an MRI scan, failing to manage an epidural during a caesarean, and lack of consent for a procedure. Since April 2020, PHSO has carried out 80 detailed investigations related to failings in maternity care. Investigations concluded in 2023/24 account for over a third of these. 

During that time the number of investigations upheld or partly upheld has also increased.

In March 2023, PHSO published a report about issues in maternity services. Common problems highlighted in that report include poor communication, and failings relating to diagnosis, aftercare, and mental health support.

Rebecca Hilsenrath, Parliamentary and Health Service Ombudsman, said:

“The rise in maternity investigations and the number of complaints being upheld over the last four years give rise to real cause for concern. It suggests that despite considerable investment in maternity care and well-publicised reviews into service failings, things are far from improving. 

“There have been successive inquiries and reports into maternity care and no real evidence of change. We need to see lessons being learned. Our 2023 report found the safety and wellbeing of women is being put at risk due to the same mistakes being repeated. 

“We know that there are brilliant practitioners out there.  But when maternity services fail, families are left with trauma and tragedy. The NHS needs to take steps to share good practice and change what isn’t working.”

In the recently upheld case, 33-year-old Carly Hardwidge, who lives in Chippenham, told clinicians seven times that she couldn’t feel her baby moving. She also repeatedly told midwives she was experiencing pain, contractions, water leakage and had blood-stained discharge. 

PHSO found staff at Royal United Hospitals Bath NHS Foundation Trust failed to properly investigate Carly’s concerns or refer her to an obstetrician on multiple occasions.

Rebecca Hilsenrath continued:

“The catalogue of failings by the Trust in this case is truly shocking and it led to the devastating loss of a baby.

“Once again, we see a patient’s concerns dismissed and not taken seriously. The lack of continuity of care meant nobody took a holistic view of what was happening. Ultimately, this led to the tragic avoidable death of a baby girl.”

Having previously had two miscarriages and pre-eclampsia, Carly should have been graded as high risk and placed under the care of a consultant.

She should have been referred to a senior consultant as early as September 2018 when she reported concerns about fluid loss for a third time. Carly should also have been referred to a consultant when she reported lack of movement for a second time in November.

These serious failings led to her daughter, Seren Browne, being stillborn. PHSO’s obstetrics adviser said the likely cause of death was infection caused by a slow leak of the water surrounding Seren. 

Carly, who has four children, but says she will always be a mother-of-five, said: 

“I was never listened to or taken seriously by the hospital staff. It has affected my mental health and still massively affects me, my partner Haydn, and our other children. 

“We didn’t lose a baby, we lost a whole life; her first steps, her first words, her first day at school, which would have been last year. Every day there is a constant reminder of Seren and what might have been. There are so many what-if questions – what would she look like now, what would she be doing?

“For years I blamed myself. I was the one who carried her. I’m the one who was meant to keep her safe. Now I have it on paper that if I had been listened to my daughter would be here today. Seren would be playing in the park, eating ice cream and causing chaos with her siblings. Instead, she’s at home in an urn on the shelf.

“If more people were listened to and taken seriously, this would not keep happening. That’s where I get my strength from, despite everything, I fight every day for justice for my daughter.”

Alongside the clinical failings, staff’s attitude and behaviour fell well below professional standards – an issue previously highlighted in national reviews of maternity services. The Trust’s bereavement care was also below what is expected. 

The Ombudsman recommended that the Trust acknowledge its failings, apologise, and set out what it will do to prevent the same mistakes happening again. 

The Trust was also told to pay £1,000 to recognise the impact the failings in bereavement care and complaint handling have had on the family. This amount only relates to those issues. The failings in antenatal care have been referred by the Trust to NHS Resolution to agree a compensation award with Carly.

A spokesperson for the Royal United Hospitals, Bath, said: 

“We are deeply sorry for the tragic loss and emotional distress experienced by the family.  

“We apologise for the failings identified and fully accept the recommendations of the Parliamentary Health Service Ombudsman.  

“We all strive to provide excellent and safe care for women, birthing people and their babies and when harm happens, we spend time reflecting on and learning from what we could have done differently. 

“We have made changes in response to this case, including training in relation to carrying out risk assessments and identifying when to refer to consultants and embedding a communication and escalation tool kit.”