This article is more than 2 years old

This article is more than 2 years old

Sajid Javid has been accused of trying to “buy the silence” of the Windrush generation by imposing non-disclosure agreements on citizens in return for fast-track compensation payments.

Labour claimed the home secretary had broken his promise to “do right” by those migrants from across the Commonwealth who were caught up in the scandal because they had problems proving their status.

The Guardian revealed last month that several Windrush citizens had been paid some compensation by the Home Office, but then asked to sign an NDA, to the concern of others still waiting for assistance.

Over the weekend the Independent reported others had been put in similar positions in return for speedy payments.



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The home secretary told MPs last month that a new compensation scheme for Windrush-era migrants would not involve gagging clauses. “No one will be asked to sign any kind of non-disclosure agreement or anything like that,” he said.

But just days earlier, on 13 July, he had written to the home affairs select committee (HASC) to say that payments had already been made through other routes in some cases and an NDA could have been used.

“Where we consider that the department has erred, we will seek to reduce any further distress for the claimant by making an offer of compensation, rather than continue through a lengthy legal challenge,” he said.

“I can confirm that Windrush generation cases are sometimes addressed through this route … Whilst there is no requirement, settlement offers are sometimes accompanied by confidentiality clauses, depending on individual circumstances.”



Diane Abbott said the NDAs showed that the Windrush generation continued to be failed by the government. “The home secretary promised to ‘do right’ by our fellow citizens from the Windrush generation, yet it appears he has gone back on his word.

“The Home Office must not attempt to buy the silence of citizens who have been so shockingly wronged and had their rights so gravely infringed in return for compensation that they are entitled to,” the shadow home secretary said.

“It is totally unacceptable for the Home Office to impose non-disclosure agreements and gag those who have suffered at the hands of the hostile environment in order to cover up the true scale of the Windrush scandal.

“The Home Office must compensate all those who have suffered without further delay and without any form of non-disclosure agreement.”

Javid committed to providing financial redress for those caught up in the scandal by appointing a lawyer and son of Windrush parents to oversee the design of the compensation scheme.



Among those affected are people forced out of work, in some cases for years, and unable to claim welfare support, as well as individuals wrongfully detained and in some cases deported.

Victims could have their compensation capped under government proposals announced last month to ensure no individual receives a “disproportionately” high payment from the public purse.

The use of NDAs was described as “totally unacceptable” by Labour MP David Lammy, who has campaigned on behalf of Windrush victims, while the chair of the select committee, Yvette Cooper, called on Javid to explain why he appeared to have gone back on his word.



“The home secretary has assured us that the Home Office will be transparent over Windrush – but using NDAs to hide things that have gone wrong cannot be justified. We will continue to pursue this,” she said.

A spokesman for the Home Office said: “The case referred to in the letter to the HASC predated the Windrush compensation scheme.



“There will be no requirement or need to sign a non-disclosure agreement for any individual who receives compensation through this scheme, and the home secretary has already made clear his intention to take this different approach for the Windrush generation.”