Windrush Compensation Scheme Faces Scrutiny After Dying Woman’s Claim Neglected, Ombudsman Rules

Published: 18 September ‘2025. The English Chronicle Desk

The Windrush compensation scheme has come under renewed scrutiny after the Parliamentary and Health Service Ombudsman (PHSO) concluded that it had mishandled the claim of a dying woman, Caroline Tobierre, and wrongly refused to fully compensate her husband, Thomas Tobierre, for the loss of his private pension. The ombudsman’s report has called for urgent reforms within the scheme, highlighting systemic issues that have left claimants feeling frustrated and neglected.

Caroline Tobierre, a 64-year-old woman diagnosed with cancer in 2018, submitted her claim to the Windrush Compensation Scheme (WCS) in 2021. Tragically, she passed away six months later, before the scheme had resolved her case. According to the PHSO, her final days were overshadowed by an “exhausting” and “prolonged” battle for compensation. The Ombudsman determined that the WCS failed to properly consider the evidence in her claim and mismanaged communication with the family, causing “unnecessary stress” at an already difficult time.

The findings have led to a mandate for the scheme to pay £25,000 to Caroline’s widower, Thomas, and their daughter, Charlotte Tobierre, as a gesture of redress. Beyond this individual case, the report underscores broader failings within the WCS, particularly its policy of excluding private pension losses from compensation calculations. Advocates, including Human Rights Watch, have long argued that many claimants have been deprived of full redress because of these limitations. The Ombudsman’s decision may pave the way for other affected individuals to receive additional compensation.

The Windrush scandal, which came to public attention in the late 2010s, has had far-reaching consequences for thousands of people who legally migrated to the UK from Caribbean countries between 1948 and 1971 but were subsequently misclassified as illegal immigrants. These misclassifications led to wrongful detention, loss of employment, denial of healthcare, and significant financial hardship for many families. Thomas Tobierre, originally from St Lucia, arrived in the UK in 1960 at the age of seven. He married Caroline in 1975, and the couple built a life in Essex, raising a family together.

Thomas worked as an engineer for more than four decades until redundancy in 2017. Due to a lack of official documentation confirming his status, he was unable to secure new employment and was forced to deplete his £14,000 private pension to meet living expenses. Following the public revelations of the Windrush scandal, Thomas’s legal status was finally resolved, allowing him to return to work in 2018.

Despite promises from the WCS that there would be “no cap” on compensation, many claimants, including Thomas and Caroline, have reported receiving inadequate offers. Initial awards were modest, requiring multiple appeals and legal interventions to secure fairer compensation. Thomas’s claim underwent several reviews: he was first offered £3,000 for “impact on life,” followed by £13,764 for loss of access to employment. After a scheme overhaul in 2021, these figures were increased to £26,798.88 for employment losses and £40,000 for “impact on life.” Nevertheless, the PHSO found that even these amounts did not fully compensate the family, particularly considering the unresolved private pension loss.

Caroline’s case exemplifies the human toll of the compensation system. As a family member entitled to compensation, she applied in 2021 despite her terminal diagnosis, only to die before the payment was issued. The Ombudsman noted that the WCS “did not properly consider the evidence” in her claim and mishandled subsequent communication regarding funeral and estate matters, compounding the family’s distress. Charlotte Tobierre described the ordeal as emotionally exhausting, saying: “It almost feels like my mum and dad had done something wrong. 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 missed spending precious time together.”

In its recommendations, the PHSO called on the WCS to apologize to the Tobierre family, review its complaint handling procedures, and reconsider its exclusion of private pension losses in compensation assessments. The Home Office has since agreed to implement these recommendations, signalling a willingness to address systemic flaws in the scheme.

The Ombudsman’s intervention has broader implications for other Windrush claimants who may similarly have been denied full redress. Since 2021, the PHSO has secured over £430,000 in compensation for people whose claims were mishandled or underpaid, highlighting the ongoing challenges in addressing the legacy of the Windrush scandal. PHSO Chief Executive Rebecca Hilsenrath KC emphasized that the scheme, established to “right wrongs,” is not yet functioning as intended. She stated: “Complaints like this show it is not working as it should, and urgent reforms are needed to restore trust and ensure fairness for all claimants.”

The Tobierre case has also drawn attention to the emotional and psychological impact of bureaucratic mismanagement. Families affected by Windrush injustices have repeatedly described the process as stressful and demoralizing, compounding the trauma of wrongful classification and financial loss. The PHSO report stresses the importance of empathy, timely communication, and rigorous evaluation of claims, particularly for vulnerable individuals facing terminal illness.

While the Windrush Compensation Scheme has made efforts to improve since its inception, the Ombudsman’s findings suggest that serious deficiencies remain. Experts argue that the exclusion of private pension losses, inconsistent handling of claims, and delays in communication undermine the scheme’s credibility and fail to provide meaningful restitution to those affected. Campaigners continue to call for a comprehensive review of compensation policies and greater accountability for administrative errors.

Charlotte Tobierre welcomed the Ombudsman’s ruling, describing it as “refreshing” and encouraging others in similar situations to seek help. She emphasized the importance of ensuring that other families do not face the same exhausting battles for justice that hers endured.

The Home Office, in response, reiterated its commitment to righting the wrongs of the Windrush scandal, affirming that the Tobierre case would inform future reforms. Officials highlighted ongoing efforts to streamline claim processing, improve communication with applicants, and reassess compensation guidelines to include financial losses such as private pensions.

As the Windrush Compensation Scheme continues to evolve, the Tobierre family’s experience serves as a sobering reminder of the human consequences of administrative oversight and systemic neglect. The Ombudsman’s ruling represents both a measure of accountability and a call to action, underscoring the need for a fair, transparent, and compassionate approach to compensating those whose lives were disrupted by the injustices of the Windrush era.