A victim of the Windrush immigration status scandal whose application for compensation was rejected by the Home Office was eventually awarded £295,000 with the help of a pro bono lawyer, according to a landmark report on the value of legal representation.
The report, published by legal thinktank Justice, the University of Sussex and law firm Dechert, has prompted fresh calls for claimants to receive funded legal advice and representation. Those calling for legal aid include well-known children’s TV presenter Baroness Floella Benjamin.
The Windrush Compensation Scheme is designed to compensate Commonwealth citizens or family members - the 'Windrush generation' - who suffered losses because they could not show they had a right to live in the UK despite being resident for decades. The Home Office has previously said the compensation scheme was designed to be as clear and simple as possible so that applicants do not need legal assistance.
However, the People need legal help: the value of legal representation in the Windrush Compensation Scheme report, published yesterday, said the scheme is anything but simple. The application form is 44 pages, the latest version of the rules is 52 pages and the caseworker guidance is 105 pages.
Researchers compared outcomes in cases where claimants initially applied without any legal assistance and subsequently obtained legal assistance. The research team, led by Dr Jo Wilding, found that claimants received an average £11,400 in compensation without a lawyer and £83,200 with a lawyer.
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The report was unveiled in parliament yesterday at a packed event hosted by the House of Commons justice select committee chair Andy Slaughter and the All-Party Parliamentary Group on Access to Justice.
Benjamin, who came to England in 1960 as a Windrush child, told the event the scandal remained unsolved because victims are still seeking compensation. Benjamin said legal aid would 'solve the problem’, noting that many solicitors were doing pro bono work to help claimants.
Franck Kiangala, a solicitor and director at North Kensington Law Centre, said the application process required legal explanations and proof of specific harms that would be difficult for vulnerable people to provide without the help of legal assistance.
A Home Office spokesperson said: ‘This government is determined to ensure that victims of the Home Office Windrush Scandal are heard, that justice is sped up, and that the compensation scheme is run effectively. Earlier this year, we launched a £1.5m Advocacy Support Fund to provide dedicated help from trusted community organisations when victims are applying for compensation.’
The new Windrush Commissioner will be asked to recommend any further changes they believe are required, the spokesperson added.
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