Guidance

Ask the Adjudicator’s Office to review a Windrush Compensation Scheme decision

When and how to contact us about a decision made under the Home Office Windrush Compensation Scheme or complain about how the Home Office handled a compensation claim.

The Adjudicator’s Office services

The Adjudicator’s Office will conduct an independent review of Home Office decisions made under the Windrush Compensation Scheme on:

  • entitlement to compensation

In addition, the Adjudicator’s office will:

  • investigate complaints about how the Home Office handled a claim for compensation

The Adjudicator’s Office Review

The Adjudicator’s Office can only consider your request if you’re the claimant, an authorised representative or the legal representative of the deceased persons estate.

You must have completed all stages of the Home Office’s own internal review process before the Adjudicator’s Office can look at your request.

We can look at your request if:

  • you’ve received a Home Office internal review of their decision on your entitlement to compensation
  • your complaint has completed all stages of the Home Office’s complaints process

The Adjudicator’s Office can normally only accept your request up to 2 months after the Home Office has sent you their review or complaint decision.

If your request is after the 2-month period, tell us the reasons why and we may accept it in exceptional circumstances.

What the Adjudicator’s Office can look at

The Adjudicator’s Office Service Level Agreement with the Home Office explains what we can look at. We can look at requests for review or complaints about:

  • Mistakes
  • Unreasonable delays
  • Poor or misleading advice
  • Processes
  • Whether relevant guidance has been followed
  • Inappropriate staff behaviour and
  • The use of discretion

What the Adjudicator’s Office cannot look at

The Adjudicator’s Office cannot look at:

  • Decisions on eligibility to claim compensation from the Windrush Compensation Scheme
  • Decisions relating to the Windrush Compensation Scheme made by the Department for Work and Pensions, HMRC, any relevant National Health Service body or the Driver and Vehicle Licensing Agency
  • Government, departmental or compensation scheme policy
  • Matters arising from a commercial or employment contract between a customer and the Home Office
  • Matters arising from a commercial contract between a service provider and the Home Office
  • The role and activity of the Claims Assistance Provider
  • Matters that have been considered by a court or independent tribunal or matters that they could have or could consider
  • Matters that have been, are being or should be investigated by the Parliamentary & Health Service Ombudsman
  • The operation of, or decisions made, under Home Office staff disciplinary practices and procedures
  • The handling of requests under both the Freedom of Information Act 2000 and the Data Protection Act 2018
  • Matters that fall into the remit of the Independent Office for Police Conduct or the Police Complaints Commission for Scotland. The Adjudicator’s Office cannot look at any payment made or refusal to make a payment, by the Police.

How to request a review or make a complaint

To request a review or make a complaint, contact us

If you need any help or a reasonable adjustment when dealing with us please let us know.

Complain about the Adjudicator’s Office service or decision

Information on how to complain about the Adjudicator’s service or decision is available.

Published 18 December 2019