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How the pledge to help victims of Windrush is ringing hollow

Analysis: While a compensation scheme has been established, some of those affected are still struggling to get the help they need, writes May Bulman

Wednesday 22 January 2020 23:25 GMT
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The Empire Windrush carried hundreds of passengers from the Caribbean in 1948
The Empire Windrush carried hundreds of passengers from the Caribbean in 1948 (PA)

Ministers insist they are “righting the wrongs” experienced by the Windrush generation – and they are, if you assume all of those affected have been able to access the well-intended Home Office schemes that have been put in place to put things right. The problem is, many have not.

Lawyers have warned that Windrush victims are being left without any help to apply for compensation and hardship funds because there is a lack of state-funded support to help them do so – leaving some facing ongoing financial issues nearly two years on from the scandal.

The compensation scheme, announced in April, was designed to remunerate the Commonwealth nationals who, despite living in Britain for decades, have in recent years been refused their basic rights in this country. It is expected to pay out between £200m and £570m overall.

Citizens Advice is providing a service funded by the Home Office to help those applying to fill in forms and provide them with support over the phone and in person. But lawyers said this was “far from” the help required with often very complex legal matters.

In one case, Paul Nichols, who was told the UK government had no record of him despite having spent nearly a decade serving in the British army, says he has not yet applied for reparations under the scheme due to difficulties accessing proper legal support.

The Caribbean national said he had already been offered poor legal advice by an independent lawyer, and that when he called the Citizen’s Advice he experienced an “absolute nightmare” trying to get through to the right person on the phone.

Lawyers supporting Windrush victims say many are facing these issues, and that they are having to offer their services pro bono due to the lack of quality legal advice.

The situation is not that simple, however. Martin Forde QC, who was commissioned by the Home Office to design the compensation scheme, says a large part of the problem was a lack of publicity for the support available coupled with the build-up of a lack of trust in the department.

The level of publicity in itself has been unfavourably compared to the EU settlement scheme which, whatever its faults, has been given a lot of visibility.

Mr Forde points out, however, that he would support the Home Office offering funding to community groups in whom claimants may have greater trust.

The barriers faced by Windrush victims applying for compensation are multifaceted. What is clear is that the Home Office needs to focus on rebuilding trust within that community.

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