Government launches £1.5 million fund

The UK government has unveiled a £1.5 million fund aimed at assisting community groups with Windrush compensation applications. Jacqueline McKenzie, head of the Windrush immigration and asylum team at Leigh Day, welcomed the fund but expressed concern that it does not fully address the ongoing challenges victims face in accessing justice. She stated that “Windrush claims are legal claims which means the people affected usually need to engage lawyers, especially because the Home Office’s Windrush team is still making errors when people apply to the scheme for compensation.” McKenzie highlighted that many claims considered non-viable by the Home Office could actually be worth significant sums if examined correctly by a knowledgeable lawyer.

She emphasised the complexity of the claims process, mentioning that “the Home Office requires a lot of evidence, its process is unwieldy, it does not always apply the guidance correctly and many claims require an understanding of the immigration law.” McKenzie urged the government to introduce additional funding to enable victims to work with legal professionals who can assist in navigating their claims and appeals effectively.

During the pandemic, McKenzie took an active role in training members of community organisations and contributed to a paper for the Paul Hamlyn Foundation, which ultimately led to the establishment of the new fund, now managed by Action for Racial Equality. However, she pointed out that for many claims, particularly those requiring substantial legal work, victims risk having fees deducted from their compensation awards if they enlist lawyers' help.

The newly launched Windrush Compensation Advocacy Support Fund (WCASF) will provide dedicated advocates from community organisations to support claimants through the compensation application process over the next three years. This initiative addresses the emotional toll of revisiting traumatic experiences that many victims report makes navigating the process challenging.

Minister for Migration and Citizenship Seema Malhotra MP commented on the importance of the fund, saying that “the Home Office Windrush scandal was an appalling injustice that should never have happened,” and that the government is determined “to right these wrongs.” The advocacy support aims to assist victims in gathering evidence, accessing additional services, and creating a supportive environment for their claims.

The fund has been developed with input from over 20 organisations serving different segments of the Windrush community, ensuring that advocates are culturally aware and able to provide effective support. The recruitment process for the Windrush Commissioner, who will represent victims' views at the highest government levels, is ongoing, with an expected appointment by summer 2025.

As the government progresses with the WCASF, it hopes to break down barriers for Windrush victims and ensure that their voices are heard throughout the compensation process. Interested organisations can attend virtual information sessions and must submit their applications by the provided deadline.