Hackney residents have been offered free legal advice on the Windrush Compensation Scheme over the past months.
Hackney Council held the last of six individual advice sessions on Monday 20 November, to disseminate information about the scheme and encourage residents to apply.
The initiative aims to provide a safe space for those impacted by the Windrush scandal to discuss their cases with third-party, pro-bono legal advisors.
Councillor Carole Williams, the Council’s cabinet member for equalities and Hackney’s Windrush lead, said: “We stepped in as a local authority because we know there is a lack of trust with the Home Office.
“We could have put information out there and direct people to the Home Office for advice and guidance with applications, but because of this lack of trust we wanted a neutral partner.”
The one-to-one sessions, which aimed to were facilitated by Hackney-based Claudia Jones Organisation and delivered by solicitors from the Greater Manchester Immigration Aid Unit (GMIAU).
Nicola Burgess, the GMIAU solicitor supervising the nation-wide Windrush Legal Initiative, said the absence of legal aid provisions from the Windrush Compensation Scheme is one of the main challenges for prospective claimants, who rely heavily on pro-bono legal advice.
She said: “The fact the Home Office, who was responsible for the injustice in the first place, administers the scheme itself is really a big bone of contention, and we know it deters people from applying because they are reluctant to engage with the Home Office again.”
This is due to the risk of reliving the trauma, but also to the complicated application process and the high risk of disappointment.
Burgess said: “The application form itself is 40 odd pages long, many clients said to us they tried to give it a go themselves, but they just gave up after a few pages.
“We also see a culture of disbelief that goes on with the Home Office in first instance decision making and throughout to the compensation scheme itself,” she added.
Williams stressed that the magnitude of the injustice suffered by the Windrush generation makes people reluctant to disclose their immigration status, even to family members.
Advertising the advice sessions through word of mouth, then, was crucial to the initiative’s success.
She said: “I think we have started to at least build up some trust and confidence in those communities that have been affected.”
Burgess, who personally delivered the first advice session back in May, confirmed that word of mouth within the community was crucial to increase uptake.
Burgess said: “I had one gentleman who came in for himself, and after talking to me he thought it might apply to a different family member, so he called them and we spoke to them on the phone as well.”
The Windrush Compensation Scheme was launched in 2019 to compensate Commonwealth citizens who were subjected to wrongful prosecution by the Home Office due to the impossibility to prove their immigration status.
Figures released by the Home Office show that most applications are either unsuccessful, refused on eligibility grounds or withdrawn.
In February 2023, former Home Secretary Suella Braverman dropped her predecessor’s pledges to implement the recommendations made in Wendy Williams’ independent review of the scheme.
Although no further advice sessions are planned yet, Councillor Williams said the Council will keep working with partner organisations to support Hackney residents applying for compensation.
Nicola Burgess said GMIAU is actively taking on new pro-bono clients and hopes to deliver more advice sessions in 2024.
A Home Office spokesperson said: “We have paid more than £71 million in compensation to those affected and we continue to make improvements so people receive the maximum award as quickly as possible.
“All compensation awards are decided on a case by case basis, using the information provided.
“We are working hard to ensure those eligible have access to correct information to support their application and guidance on whether they will be eligible for compensation or not before they submit their application.”
The Home Office also said it has measures in place to support applicants throughout the process.
These include a dedicated phone helpline, a Vulnerable Persons Team and the Home Office’s claimant assistance provider, We Are Digital.
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