Scope of the hostile environment section 31 assessment

The Equality and Human Rights Commission will:

1. Use the evidence outlined in the independent ‘Windrush Lessons Learned Review’ by Wendy Williams, and further specific evidence provided by the Home Office, to assess the manner in which and the extent to which the department  complied with section 149 of the Equality Act 2010 (the Public Sector Equality Duty) in relation to understanding the impact on the Windrush generation when:
   1. Developing immigration policy provisions enacted by the Immigration Act 2014 as part of the so-called ‘hostile / compliant environment’ agenda that, building on previous legislation, policy and practice, resulted in increased requirements for individuals to prove immigration status in order to access private rented housing, healthcare, driving licences and banking.
   2. Implementing the policy provisions, operational practices and procedures that led to more onerous requirements on individuals to produce documentation both when accessing services and when making applications to the Home Office to confirm or change nationality/immigration status, focusing on the period 2014 and 2018.
   3. Monitoring the impact and considering the need for ongoing review of said policy provisions, operational practices and procedures between 2014 and 2018.
2. In relation to the matters set out at 1 above:
   1. Focus on the Home Office’s compliance, in the exercise of its functions, with its duty under section 149(1)(b) of the Equality Act 2010 to have due regard to the need to advance equality of opportunity between people who share a protected characteristic and those who do not, with particular reference to colour.
   2. Identify areas of good practice in the manner in which the Home Office performed the Public Sector Equality Duty in order to work with the department to help ensure such areas are embedded and strengthened in future immigration policymaking.
3. In light of the evidence referred to at 1 above, and representations from affected members of the Windrush generation and interested organisations, make recommendations for the actions the Home Office should take in order to improve its future performance of the Public Sector Equality Duty and work with the Home Office to ensure the likely and actual impact on race equality is fully and properly considered in the development, implementation and monitoring of immigration legislation, policy, practice and procedure.

Windrush generation

Some 600,000 people from Commonwealth countries (most notably Caribbean countries) who arrived in the UK between the end of World War Two and 1973, and whose descendants made up the second, third and fourth generations to the present day.

Hostile / compliant environment

A series of policy interventions intended to make it progressively harder for irregular migrants to live, work and access services in the UK, and to emphasise individuals’ responsibility to prove that they are in the UK legally. Now known as the ‘compliant environment’.