From Recognition to Remedy: Essential guidance for delivering justice to the Windrush Generation
Seven years after the Home Office Windrush scandal made headlines, victims and survivors are still waiting for justice. While the Labour government has made progress by appointing a new Windrush Commissioner, Reverend Clive Foster MBE last week, the road to repair and restitution remains long.
Our new briefing, developed in collaboration with 26 Windrush advocacy groups across the UK, provides practical recommendations for the incoming Windrush Commissioner to move from recognition to remedy.
Key Findings
The compensation scheme has improved but is still failing those it was designed to help:
- Over 5,500 eligible claims have been rejected with zero compensation since April 2019
- Only £110.53 million has been paid across 3,291 successful claims
- Success rates fall far below other national compensation schemes
- Analysis by JUSTICE found claimants with lawyer support receive significantly higher compensation (£83,200 vs £11,400 on average)
Our Recommendations
The briefing outlines essential steps for the new Commissioner, including:
Wilson’s Story: Why This Matters
Our briefing features Wilson’s powerful story – a British citizen born in Trinidad who lost his job twice, became homeless, and spent freezing nights sleeping rough while trying to prove his legal status. With support from Liverpool Advocates for Windrush, Wilson eventually secured his British nationality but still locks his passport in a safe, fearing it could be taken away.
Wilson’s experience demonstrates why legal expertise and advocacy support are crucial for Windrush survivors navigating the complex compensation system.
The new Windrush Commissioner has a vital opportunity to transform the system from one of recognition to one of remedy. Our briefing provides the roadmap to get there.
What’s Next?
While we welcome the government’s £1.5 million Windrush Compensation Advocacy Support Fund, advocacy alone isn’t enough. Without legal representation, the compensation scheme remains difficult to access, leaving too many survivors waiting for justice.
Read our response to the UK government’s Windrush Compensation Advocacy Support Fund below:
Statement on launch of £1.5m Windrush Compensation Advocacy Support Fund
Action for Race Equality (ARE) acknowledges the Home Office’s announcement of the £1.5 million Windrush Compensation Advocacy Support Fund (WCASF), aimed at providing dedicated advocacy support to victims of the Windrush scandal….
Your MP Can Make a Difference
Survivors need more than commemorative words – they need meaningful action. Contact your MP today to demand free legal representation for Windrush claims.
Can’t access the email template? Click below to copy the email template:
Email template:
[Subject] Urgent: Support Free Legal Representation for Windrush Compensation Claims
Dear [MP’s Name],
I am writing as your constituent to urge you to support the provision of free legal representation for Windrush compensation claims.
Seven years after the scandal broke, the Windrush compensation scheme continues to fail survivors systematically. Over 5,500 eligible claims have been rejected with nil awards, while survivors remain the only major scandal victims denied funded legal support.
The Evidence is Overwhelming
New research published by JUSTICE, Dechert LLP and the University of Sussex reveals a shocking disparity:
- Claimants without legal representation receive awards averaging £11,400
- Claimants with legal support receive £83,200 on average – over 7 times more.
This research, comparing identical cases with and without lawyers, proves that legal representation is not a luxury but a necessity for fair compensation.
Unjust Double Standards
While Windrush survivors struggle alone, every other major compensation scheme provides free legal representation:
- Horizon Post Office scandal – free legal representation provided
- Infected Blood scandal – free legal representation provided
- Windrush scandal – survivors left to navigate complex immigration law alone
My Ask
I urge you to:
- Raise this issue with the Home Secretary and in Parliament
- Support calls for immediate funding of free legal representation for Windrush claims
- Ensure justice for survivors who have already waited far too long
Survivors need more than commemorative words – they need meaningful action. The evidence is clear, the solution is available, and the moral imperative is undeniable.
Thank you for your time and consideration.
Yours sincerely,
[Your Name]
[Your Address]
[Your Postcode]
Action for Race Equality’s Windrush Justice Programme supports 26 advocacy groups across the UK, providing capacity building and funding to help Windrush survivors access the compensation and documentation they deserve.
For more information about our Windrush Justice Programme, please contact Windrush Policy Manager, Kimberly McIntosh.
For media enquiries, please contact us: Hello@actionforraceequality.org.uk
