The £1.5 million fund will provide support to community groups aiding Windrush compensation claims
The UK government has unveiled a £1.5 million fund to help community organisations assist victims of the Windrush scandal in accessing compensation. While the initiative, known as the Windrush Compensation Advocacy Support Fund (WCASF), is seen as a step in the right direction, critics argue that it fails to address the full scale of challenges faced by the victims in securing justice.
Jacqueline McKenzie, head of the Windrush immigration and asylum team at law firm Leigh Day, welcomed the fund but raised concerns that it falls short of solving the fundamental issue of legal access. McKenzie noted that Windrush claims are highly complex legal cases that often require expert legal representation to navigate the Home Office’s frequently flawed process. Many claims, she pointed out, are dismissed as non-viable by the Home Office, even though they could be worth substantial sums if reviewed correctly by qualified legal professionals.
“The Home Office’s approach has been deeply problematic,” McKenzie said. “It requires an extensive amount of evidence, and its process is cumbersome, often misapplying guidelines. Many claims need a clear understanding of immigration law, which most victims lack.” She stressed that while the WCASF could support community organisations, it does not address the critical need for legal experts to assist claimants, especially for more complicated claims or appeals.
McKenzie’s comments echo the frustration many Windrush victims feel. She highlighted that those who seek legal assistance risk having a portion of their compensation deducted as legal fees, creating a further barrier to justice. For many individuals whose claims require significant legal input, this can discourage them from pursuing their case altogether.
The WCASF is set to run for the next three years and will provide dedicated advocates from community organisations to help claimants through the compensation application process. This is particularly important as many victims report the emotional toll of revisiting traumatic memories when navigating the process, which can make the already difficult task of securing compensation even harder.
Embed from Getty ImagesSeema Malhotra MP, Minister for Migration and Citizenship, emphasised the importance of the fund, calling the Windrush scandal “an appalling injustice that should never have happened.” Malhotra affirmed the government’s commitment to righting the wrongs caused by the scandal and stated that the advocacy support would help victims gather evidence, access additional services, and provide a supportive environment for their claims.
The fund has been developed with input from over 20 organisations representing various segments of the Windrush community. These organisations will ensure that the advocates recruited under the WCASF are culturally sensitive and able to offer effective support tailored to the unique needs of each claimant. In addition, the recruitment process for the Windrush Commissioner, a position designed to represent the victims’ interests at the highest levels of government, is ongoing, with the appointment expected by summer 2025.
Despite these efforts, McKenzie and others remain concerned that without a more comprehensive legal support mechanism, many victims may still be left without the necessary assistance to successfully claim compensation. Community organisations will be able to apply for the fund after attending virtual information sessions, with a submission deadline in the coming weeks.
As the government moves forward with the WCASF, there is hope that it will help break down the barriers preventing Windrush victims from receiving the justice they deserve. However, advocates continue to call for more substantial measures to ensure that the full extent of the victims’ needs is met, including access to legal professionals who can help navigate the complexities of the compensation scheme.
