MPs call for investigation into whether department unlawfully discriminated against the Windrush generation and continues to discriminate against ethnic minority Britons as a ‘direct result’ of hostile environment//May BusmanSocial Affairs Correspondent@maybulman
The Home Office has been referred to the equalities watchdog due to the Windrush scandal and wider “hostile environment”.
More than 80 MPs from six political parties have called on the Equality and Human Rights Commission (EHRC) to investigate whether the department unlawfully discriminated against the Windrush generation and continues to discriminate against ethnic minority Britons as a “direct result” of its immigration policies.
In a letter by Labour MP David Lammy – chair of the All Party Parliamentary Group on Race and Community – 87 MPs argue the government is acting unlawfully and in breach of equalities legislation by “routinely” discriminating against British citizens on the basis of their race.
They have called on the EHRC to act “fearlessly and robustly” to expose the role of the Home Office in the development and operation of the hostile environment policy, as well as its impact on the Windrush generation and their descendants, and the department’s “wilful disregard” of its public sector equality duty.
Mr Lammy said: “The gross mishandling and abuse of the Windrush generation by the Home Office raises serious questions over whether British citizens were discriminated against on the basis of their race and ethnicity, in breach of equalities legislation.
“More than a year after I first raised this in parliament, nothing has changed. Justice must mean not only due compensation and reparation, but changes to the institution and immigration laws that created this crisis.
“This is why we are calling on the EHRC to investigate the Home Office, and in particular the hostile environment legislation, which appears to have led to discriminatory treatment against ethnic minority British citizens.”
MPs argue the Home Office has breached equalities law and the public sector equality duty, which commits public bodies to have “due regard” to the need to eliminate discrimination and advance equality of opportunity between people who share a protected characteristic, including ethnic minorities, and those who do not.
They have asked the EHRC to investigate the treatment of the Windrush generation and, more widely, whether the implementation of the Conservatives’ hostile environment policies – which transfer immigration control functions to private citizens such as landlords, employers and NHS staff – represents institutional racism.
Jamaican immigrants being welcomed by RAF officials from the Colonial Office after the ex-troopship ‘Empire Windrush’ landed them at Tilbury.
A Home Office spokesperson said: “The home secretary and the immigration minister are committed to righting the wrongs experienced by the Windrush generation, and the recently launched compensation scheme is a crucial step in delivering on that commitment.
“The Windrush generation have given so much to this country and we will ensure nothing like this ever happens again, that is why the home secretary commissioned a lessons-learned review with independent oversight.”
The Home Office is facing over 300 court of appeal legal challenges from foreign students who believe they were wrongly accused of cheating in English tests, and dozens more cases are pending in immigration tribunals.
The Guardian has learned that a special team overseen by the Home Office was established in January 2017 to deal with the growing backlog of legal actions related to a Home Office decision in 2014 to revoke or curtail the visas of around 34,000 students whom they accused of cheating in a government-approved English language test.
The decision was made while Theresa May was home secretary as her department introduced policies designed to create a hostile environment for immigrants deemed to be in the country illegally. More than 1,000 students have been removed from the UK as a result and MPs have described this as Britain’s “forgotten immigration scandal”, which they say has the capacity to be “bigger than Windrush”.
Most students accused of fraudulently obtaining the language proficiency certificate required for a visa extension were unable to appeal, because of a parallel move by the Home Office to remove appeal rights and legal aid for most immigration cases. But many of those who have been able to pay for legal advice to challenge the allegation of cheating have found the evidence provided by the Home Office to be very insubstantial.
Bibi Rahima is one the students with an upcoming court of appeal hearing, listed for May. She said the Home Office’s actions had “shattered her dreams” and left her in “a state of despair”. Since being accused in 2016 of cheating in the Toeic test she took four years earlier, she has been unable to study or to work, and does not want to return to Bangladesh with her reputation tarnished by an allegation of fraud from the UK government.
The process of attempting to challenge the accusation has made her severely depressed; she was admitted to hospital last June, feeling suicidal. She and her husband have spent over £12,000 – all their life savings – on legal costs attempting to clear her name.
Rahima, 28, arrived in the UK in 2009 to study chartered accountancy. She chose to come to Britain because of the country’s reputation for excellent universities. Her English was already good when she arrived, because she had studied in a private school in Bangladesh where many of the lessons were in English.
The Guardian has learned that a special team overseen by the Home Office was established in January 2017 to deal with the growing backlog of legal actions related to a Home Office decision in 2014 to revoke or curtail the visas of around 34,000 students whom they accused of cheating in a government-approved English language test.
The decision was made while Theresa May was home secretary as her department introduced policies designed to create a hostile environment for immigrants deemed to be in the country illegally. More than 1,000 students have been removed from the UK as a result and MPs have described this as Britain’s “forgotten immigration scandal”, which they say has the capacity to be “bigger than Windrush”.
Her father, who owns his own business, paid for her initial tuition fees. Later she began working to help pay for her fees, and was a part-time manager in a Greggs store in central London. Her English is precise and clear, so she had no problem managing other members of staff.
A letter from the Home Office ruled unexpectedly in 2016 that her visa renewal application had been rejected, stating that she had “participated in an organised and serious attempt to defraud” the Home Office. The Home Office concluded that “her conduct, character, make it undesirable to allow her to remain in the UK.”
“I feel insulted and humiliated. I’ve worked, I’ve finished my studies, and then this comes up. It is inhuman. It has been almost three years – I can’t work, I can’t travel. I feel like my life is just a prison, everything has completely stopped,” she said.
The home secretary, Sajid Javid, has told the Labour MPs Stephen Timms and Wes Streeting that he is “sympathetic” to the situation that some of the students face; he is understood to have this issue at the top of his priority list, and hopes to make a decision on how to proceed in a few days.
A ruling in December 2017 meant that students would be entitled to an appeal in the UK; previously most had been told that they needed to return to their own countries to appeal but for many this was not a realistic prospect. It is not known how many cases have already been settled; lawyers believe hundreds of students whose cases were initially dismissed could take advantage of this legal shift.
Sonali Naik, a barrister at Garden Court chambers who has handled over 30 Toeic cases, said: “The biggest tragedy is that this was all entirely avoidable; the whole reason that this has arisen is that the Home Office took away the right of appeal leaving ordinary students with no remedy. The impact on the individual is very acute. Many have been waiting for five years and in that period they can’t study or work, they can’t clear their names, their reputations are damaged, they can’t progress with their lives.”
Most of the cases she has dealt with have provisionally found in the students’ favour, and the government has been told it must pay for the cost of the legal action.
Patrick Lewis, another barrister with the same chambers, said he had fought about 15 Toeic cases, and had only lost one. Judges had “demonstrated a real willingness to believe the evidence” put forward by students, he said, and “real concern about the quality of the evidence relied on by the Home Office”.
Rahima is distraught at the impact on her life. “You can’t do this to people without proper evidence. You can’t just ruin people’s lives in this way. I’m just sitting at home doing nothing. It is so painful.” Her parents have such faith in the UK justice system that they have become suspicious of her inability to extract herself from the accusation of cheating.
Rahima met her husband, Kamrul Hasan, at college. “We have been asking them to provide proof that she has cheated. “They have sent generic evidence; they didn’t give any specific evidence that she has cheated,” he said. “If you say that a person is guilty then you have to prove that. We’ve worked, paid taxes, never claimed any social benefits. The Home Office does not see the effect it is causing people. She has really suffered.”
The Home Office said 25 people involved in organised Toeic fraud had received criminal convictions, adding: “The 2014 investigation into the abuse of English language testing revealed systemic cheating, which was indicative of significant organised fraud. The home secretary has listened to the points raised by MPs and other groups and has asked for further advice from the department.”
European politics must change if the left is to fend off the far – right “fake populists” who feed on people’s fear of low living standards and inse
Donald Trump hailed Boris Johnson as a future prime minister, accused the London mayor, Sadiq Khan, of doing “a bad job” on terrorism
|Dan Sabbagh, The Guardian|AIWA! NO!|Donald Trump hailed Boris Johnson as a future prime minister, accused the London mayor, Sadiq Khan, of doing “a bad job” on terrorism and said there had been too much immigration in Europe in an incendiary interview that raised questions about the decision to invite him to Britain.
Trump described Johnson as “a very talented guy” for whom he had “a lot of respect”. He claimed he was not trying to pit Johnson against his host, but added: “I am just saying I think he would be a great prime minister. I think he’s got what it takes.”
The president – who has said he would like to see Johnson during his UK trip– added that Johnson “obviously likes me, and says very good things about me. I was very saddened to see he was leaving government and I hope he goes back in at some point. I think he is a great representative for your country.”
Last month, a leaked recording of Johnson revealed that the former foreign secretary was “increasingly admiring of Donald Trump”. The Conservative MP said that Trump would negotiate Brexit “bloody hard”, adding: “There’d be all sorts of breakdowns, all sorts of chaos. Everyone would think he’d gone mad. But actually you might get somewhere. It’s a very, very good thought.”
Clayton Sullivan-Webb, managing director of Grundon Waste Management and Lisa Dixon, managing director of JLD Driver Training (pictured right), celebrate being shortlisted for the Apprenticeships 4 England Employer Awards with some of Grundon’s apprentices. Grundon’s entry focused on its driver training programme, which currently has 17 drivers studying for their Level Two Apprenticeship in driving a Large Goods Vehicle (LGV). A further three apprentice technicians are also undertaking training.
|CRIMSON TAZVINZWA, AIWA! NO!|Apprenticeships4England|Sadiq Khan confirms his pro-business credentials as he pledges £1.3m boost to London schemes for young people •New apprenticeships to be created in retail, hospitality and construction •Sadiq calls on Ministers to devolve adult careers provision to City Hall
The Mayor of London, Sadiq Khan, who campaigned to be London’s most pro-business Mayor ever has today reaffirmed his commitment to delivering skills and training for London’s young people by announcing £1.3 million in funding to help businesses create 2,000 new apprenticeships.
In the UK, apprenticeships are funded through a levy that is paid by all businesses with an annual pay bill in excess of £3 million. However, apprenticeship starts in London have fallen by 21 per cent since the Government introduced the levy in April 2017. London’s businesses contribute more to the apprenticeship levy than any other region – but two in five of these businesses don’t spend any of the available levy funds, and a further two in five spend less than half.
This means that money is being returned to the Treasury, rather than being invested in young Londoners, with retail, hospitality and construction among the most affected sectors.
Speaking today at Skills London, the capital’s largest careers fair, Sadiq announced that he is investing £1.3m in pilot projects designed to help employers spend their levy funds on high quality apprenticeships, or else transfer the money down the supply chain to smaller business, to keep the benefits of the funding in the capital. Through this process, the Mayor expects to boost his credentials as the pro-business Mayor and help businesses create 2000 new training opportunities for London’s young people, with a particular focus on retail, hospitality and construction industries.
The Mayor is calling on apprenticeship funding to be devolved to London alongside funding and responsibility for adult careers services. This would include the devolution of the London area-based delivery of the National Careers Service. He also wants to see London’s share of the UK Shared Prosperity Fund, which will replace valuable European funds following Brexit, to be fully devolved to London.
Sadiq is already working hard to help young Londoners succeed. He has set up his Construction Academy to improve construction skills. He has also expanded the London Enterprise Adviser Network and is investing £114m in new buildings and equipment for skills training across London.
The Mayor of London, Sadiq Khan said: “From biotech, engineering and construction to retail, hospitality and healthcare, London needs workers with the skills to support the rich variety of our economy.
“Given the uncertainty surrounding Brexit, ensuring a better and more responsive skills network – as well as continued access to global talent – is more important than ever.
“Apprenticeships are a key part of my commitment to being London’s most pro-business Mayor and giving young Londoners the skills they need to succeed – they benefit individuals, businesses and the whole London economy – so I’m delighted to be able to announce further funding to unlock more opportunities across the capital.
“Now we need the government to recognise our success and devolve adult careers services provision to City Hall.”
London has a strong, dynamic, global economy, but the region’s employment rate has lagged-behind the national average for three decades. More than 230,000 working-age Londoners are unemployed, with particularly high rates of youth unemployment. Ensuring an effective and responsive skills system is critical to tackling this issue.
Sadiq believes that an effective skills system is critical to meeting the needs of London’s businesses. Employers repeatedly report skills shortage vacancies and skills gaps in their workforce, impacting on growth and productivity.
London First Chief Executive, Jasmine Whitbread said: “Every young Londoner should have the chance to be a part of our capital’s success. Skills London will bring together more than 200 employers, 35,000 youngsters, and a record 55,000 career opportunities – including apprenticeships and on-the-job training.
“We’re delighted the Mayor is taking action to boost apprenticeship numbers in the capital, particularly in the construction sector, which is facing chronic skills shortages.
“London fares best when in charge of its own destiny, so it’s good news the Mayor will take control of the adult education budget. This should be extended to the National Careers Service to ensure business, educators and civic leaders are working together to give our young people the very best start in the world of work.”
Anthony Impey, Chief Executive of IT and telecoms business Optimity and chair of the GLA Apprenticeship Group said: “The Mayor’s announcement comes at a critical time for London’s businesses, who are already struggling to recruit the people they need, even before the full impact of Brexit. Never has the need been greater for companies to develop their own talent, and apprenticeships provide an excellent way to do this.
“I have first-hand experience of the immense benefits apprenticeships can provide organisations of any size, not least their return on investment. I’ve also seen the huge impact that it can have on young Londoners, by supercharging the start of their careers and giving them access to some of London’s most exciting sectors. The Mayor’s support is vital to ensure that these advantages are available to as many as possible.
“London’s global competitive advantage rests on its ability to be a world-class place to recruit and develop talent, and the Mayor’s ambition for apprenticeship plays a key role in achieving this.”
Mary Vine-Morris, London Director of the Association of Colleges said: “London is a city open for business – the Mayor’s new investment in apprenticeships makes that clear.
To continue to be one of the best cities in the world to work and to live, it is vital that London works with employers to ensure a strong pipeline of skilled workers.
For too long there has been too little investment, politically as well as financially in London’s apprenticeship offer. That is why we welcome the drive to make better use of London’s levy spend. Rather than it going back to treasury unspent, it would be better being used to create more meaningful opportunities for London’s young people to get into work and to get on in life.”
Sarah Beale, CITB Chief Executive said: “Construction apprenticeships offer huge opportunities to young people, enabling them to earn as they learn, avoid the debt of student loans and gain the practical skills experience employers want.
“CITB estimates that London will require an estimated 10,000 construction workers between now and 2022 with plant operatives, civil engineers and scaffolders among the most in-demand roles. Creating new, high quality construction apprenticeships to help young people fill these job roles is welcome news.
“CITB is supporting the development of the Mayor of London’s new Construction Academy. We look forward to working with the Mayor and partners across industry to give London’s young people the best possible chance of starting rewarding construction careers.”
With the Adult Education Budget set to be devolved to City Hall from 2019/20, the Mayor will have £311 million to provide the targeted, high quality skills training Londoners require.
This will be supplemented by £71 million from the European Social Fund. This money will be used to help young people and adults who may have missed out on opportunities due to circumstances beyond their control and now need a second chance to access education, training and employment.
Sam Gurney, TUC Regional Secretary, London, East and South East, said: “It is crucial that young Londoners have access to quality apprenticeships, which provide genuine training and pay a fair rate for the job.
“We welcome the Mayor’s new funding and hope that it will support Londoners to gain the skills our city needs.
“In particular we welcome work to increase the number of women, BME and disabled people taking up apprenticeships in areas like construction and engineering where they are seriously underrepresented.”
