THE government’s decision to drop recommendations made after an independent review into the Windrush scandal was unlawful, the High Court has ruled.

Solicitor Wendy Williams published her Windrush Lessons Learned Review in 2020 after British citizens mostly from the Caribbean were wrongly detained, deported or threatened with deportation despite having the right to live in Britain.

All 30 of her recommendations were accepted by then-home secretary Priti Patel but her successor Suella Braverman dropped three of the measures by January 2023.

These were: a commitment to establish a migrants’ commissioner; to increase the powers of the independent chief inspector of borders and immigration (ICIBI); and to hold reconciliation events.

In a judgement today, Ms Justice Heather Williams ruled that dropping the first two measures had a “disproportionately prejudicial effect upon Windrush victims” and indirectly discriminated against them.

The judge also said it was unlawful and “conspicuously unfair” for the ICIBI recommendation to be shelved without consulting Windrush community representatives and Ms Williams.

She said: “I conclude that an inference can be drawn from the evidence before the court that the decision not to proceed … was a matter of considerable concern and hurt to a significant number of Windrush victims, given, in particular, that a cause of the scandal was a failure to listen to the voices of those from the Windrush community.”

Windrush victim Trevor Donald, 68, who was born in Jamaica but moved to Britain at the age of 12, brought legal action against the Home Office over the decision after he was refused entry following a visit to Jamaica in 2010.

He was eventually allowed to re-enter Britain following the emergence of the scandal in 2018 and has been granted British citizenship.

Dr Connie Sozi, solicitor for Mr Donald, said the judgement “gives the government, yet again, an opportunity to do the right thing and properly ensure that it has learned lessons from the past” and suggested an inquiry could be needed into the scandal.

Unison general secretary Christina McAnea said: “The hostile environment had devastating consequences for those affected by the Windrush scandal.

“Rather than learning the lessons, the government’s response has been dire.

“No government is above the law. Thankfully the then-home secretary’s been caught bang to rights.

“Ministers must treat all people with dignity and respect, and act with integrity.

“The hope is the next government will act quickly to make amends to this disgraceful chapter in our history.”