Windrush survivors seeking compensation face a tougher process than victims of the Post Office and Infected Blood scandals, with no access to the same free legal support, a new report has found.
A report by JUSTICE and King’s College London found that the Windrush compensation process is at least as complicated as schemes set up for Post Office and Infected Blood victims.
The Home Office, which runs the Windrush Compensation Scheme, has argued that its process is more straightforward and was designed so people could make claims without legal assistance.
However, researchers found that Windrush claims can involve complex questions about historic immigration laws, events and evidence, which can be difficult even for lawyers and judges to assess.
They warn that the lack of funded legal support puts Windrush survivors at an unfair disadvantage and could mean some people miss out on compensation they are entitled to receive.
Research published by JUSTICE last year found a striking difference in compensation payments depending on whether claimants had legal representation. People who applied without a lawyer received an average of £11,400, compared with £83,200 among those who had legal support.
In one case, a claimant who was initially refused any compensation went on to receive £295,000 after getting help from a lawyer.
Zoe Bantleman, legal director at JUSTICE, said: ‘Our research shows that all the compensation schemes are difficult to navigate, and legal representation is crucial when it comes to securing a fair settlement.
‘There is no justification for treating Windrush claimants differently to Post Office or Infected Blood victims.
‘Windrush survivors have already endured years of mistreatment at the hands of the state. If the Prime Minister is serious about righting this historic injustice, he must level the playing field and give them the legal support they need and deserve.’
The report highlights several differences between the schemes.
Post Office victims whose convictions have been overturned can automatically qualify for compensation, while Infected Blood survivors can establish eligibility through previous government support schemes.
Windrush claimants, however, may have to find immigration documents dating back decades. Some records may have been lost or destroyed, while elderly applicants may struggle to remember precise details of events that happened many years ago.
Researchers also found that Windrush claimants do not have access to the same fixed compensation option available to some Post Office victims, who can choose payments of between £75,000 and £600,000 rather than providing detailed evidence of their losses.
The report also calls for an independent appeals body for Windrush claims, with the power to make binding decisions, as well as government-funded legal advice for applicants.
JUSTICE said these changes would help ensure that people who suffered as a result of the Windrush scandal have a fair opportunity to secure the compensation they deserve.
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