In my earlier article, I assessed the general outline of the Windrush Scheme. In this article, I
will assess the Windrush Compensation Scheme.
The Windrush Compensation Scheme was first introduced in April 2018. The Prime Minister
at the time, Theresa May, apologized for the Windrush controversy, resulting in the
compensation scheme being set out to compensate the victims and families affected.
What is the Windrush Compensation Scheme?
The Windrush Compensation Scheme aims to compensate individuals who have suffered a loss
in connection with their inability to be able to prove their status in the UK due to being part of
the Windrush Generation.
The scheme is not restricted to those affected by the Windrush scandal and applies broadly but
not exclusively to those in Commonwealth countries present in the UK before 1988.
Who Can Apply?
The following persons can apply for the Windrush Compensation Scheme:
• You came to the UK from a Commonwealth country before 1973.
• Your parents or grandparents came to the UK from a Commonwealth country before
1973.
• You came to the UK from any country before 31 December 1988 and are now settled
in the UK.
The following person must also have experienced the following:
• You experienced loss because you could not prove your right to stay in the UK.
• You had losses because you’re the partner, child, brother, sister, or parent of someone
who could not prove their right to stay in the UK.
• You represent the estate of someone who had losses because they could not provide
their right to stay.
How Much Can You Get?
There is no limit to the amount that can be compensated, each case will depend on the
circumstances and the types of loss. The types of loss can range the following when considering
compensation.
• Employment
• immigration fees
• housing
• health
• education
• driving licenses
• banking
• daily life – for example, you missed major family events or could not travel
• detention and removal
• living costs – for example, rent, utilities, contributions towards food and household
essentials, travel, and prescription fees.
There is also no end date for the scheme, so those who may feel worried that they have delayed
their request for compensation, can still apply and there will be no barriers to their entitlement.
How You Can Apply
An application form is completed by the Applicant. You can contact me, the author of the
article for more specifics regarding this and further legal guidance on the requirements
[email protected]. There is no application fee charged to make the application.
Once a decision is made and the Home Office determines that you are eligible, an offer is
formally given by the Home Office. If happy you can accept it. However, if you are not happy
with the offer you can request a review of the amount of compensation offered.
Controversy Regarding The Compensation Scheme
Recently the Windrush Compensation Scheme has been back on the public agenda. One of the
reasons is due to the significant delays it has taken for applicants to be compensated. According
to the Guardian Newspaper (online), as of 22 June 2023, only one in four of the 6,348
applications submitted have received payments. This is after 4 years of the scheme.
There have also been reports of the little amount of compensation being offered to applicants.
This latter point was an initial concern raised by Mr Martin Forde. Mr Forde was an
independent adviser to the Home office tasked with setting up the scheme and at the time he
did make clear his reservations about the lack of independence, after all the scheme is being
managed by the very party that caused the loss. One must ask whether the Home Office will
willingly offer a substantial amount of compensation that they will be liable to pay out.
Conclusion
Overall, those who are eligible should not be put off from applying due to the delay and award
amount concerns. If guided by a legal representative it will place you in the best position to get
the best out of your claim and also hold the Home Office to account for the historic injustice
they may have caused you or your family.
