The High Court has handed down judgment in R (Donald) v Secretary of State for the Home Department [2024] EWHC 1492 (Admin).
The case concerned a decision taken by Suella Braverman as Home Secretary not to proceed with certain recommendations made by Wendy Williams CBE as part of the Windrush Learned Lessons Review (WLLR).
Heather Williams J held that the Home Secretary’s decision not to proceed with two of the WLLR recommendations – the appointment of a Migrants’ Commissioner, and a review of the role and remit of the Independent Chief Inspector of Borders and Immigration – was unlawful on three grounds:
- The decision indirectly discriminated against Windrush victims contrary to Article 14 of the European Convention on Human Rights.
- The Home Secretary breached a procedural legitimate expectation that she would consult with representatives of the Windrush community and Wendy Williams before taking such a decision.
- The Home Secretary failed to have regard to the equalities implications of the decision before it was taken, in breach of the Public Sector Equality Duty in s.149 of the Equality Act 2010.
The decision has been widely reported in the press, including the BBC, Sky News and the London Evening Standard.
Christian Davies acted for Black Equity Organisation in relation to its successful intervention. Christian was led by Nicola Braganza KC and Bijan Hoshi, and instructed by Public Law Project.
The judgment is available here.
