Windrush Justice Clinic launches research report on unmet need of Windrush Compensation Scheme claimants

The preliminary research report titled The Windrush Compensation Scheme: Unmet Need for Legal Advice, which was launched on the University of Westminster’s Regent Campus on 15 June, found an acute need for more legal advice and help for claimants during the application process and warns that more resources are needed to ensure members of the Windrush generation receive the compensation they are entitled to from the Home Office.

Attendees at the launch event had the opportunity to meet the WJC partners and hear from researchers Hysha Smith and Lilian Lewis about the findings contained in the report. Glenda Caesar, Windrush victim and campaigner, spoke about the difficulties claimants face when making claims without legal support, and Martin Forde QC, former independent advisor to the Windrush Compensation Scheme, spoke about his recommendation that legal aid should be available for claimants.

The report reveals that the application process for the compensation scheme is too complex for most claimants to complete alone and the limited support provided by the Home Office is insufficient. While legal advice and support is necessary for claimants to prepare their applications, provide necessary evidence and pursue reviews, other than the WJC and its partner organisations, there are very few free and easily accessible sources of legal advice for WCS claimants in the UK.

The findings come as available statistics suggests that it is highly likely that there are a significant number of people who have been affected by the Windrush Scandal who would benefit from legal advice to make a claim under the compensation scheme, to seek a review of an existing offer or to ensure payment of an award that has been offered.

The Windrush Justice Clinic was set up in October 2020 to support people affected by the Windrush scandal to make successful claims for compensation. It takes a specialist approach that seeks to recompense applicants justly, offering advice, assistance, casework and representation as appropriate. Where specialist immigration advice or legal representation is needed, the Clinic can refer clients to a specialist within their network.

The Windrush Justice Clinic is a collaborative partnership between the University of Westminster Legal Advice Clinic, London South Bank University Legal Advice Clinic, King’s Legal Clinic, North Kensington Law Centre, Southwark Law Centre and community groups Claudia Jones Organisation, The Windrush Compensation Project and The Jigsaw House Society.

The University Legal Advice Clinics are on the frontline of the Windrush Justice Clinic to offer initial assistance and all clients are assessed to decide what level of help they need. The clinics are run by law students, solicitors, barristers and accredited caseworkers.

In May 2022 WJC won the ‘Best New Pro Bono Activity’ category in the LawWorks and Attorney General Student Pro Bono Awards.

Established in April 2019, the Windrush Compensation Scheme was set up by the UK Government to provide victims of the Windrush scandal with compensation for their suffering. Since the Government first apologised two years ago for the treatment that people were subjected to, more than 12,000 people have received documentation from the Home Office confirming that they are living in the UK legally.

Anna Steiner, Westminster Senior Lecturer, Windrush Project Leader and co-author of the report, said: “The fact that legal aid is not available for people making Windrush compensation claims means that many people struggle to make a claim themselves or simply don’t bother. There is a lack of trust in the system and Windrush victims are reluctant to come forward to claim the compensation they are entitled to. Whilst WJC can never replace a properly funded legal aid system, we can assist people in navigating what can be a complex and traumatic process.” 

Learn more about the Windrush Justice Clinic.