Law firms’ pro bono contribution in the Windrush Compensation Scheme proved to be more effective than individual representation.
- uomlawprobono
- 6 days ago
- 2 min read
What is the Windrush Compensation Scheme?
Launched by the government in April 2019 to compensate members of the Windrush generation
The Windrush generation refers to the people from the Caribbean who were invited to the UK to help rebuild post-WWII Britain.
They were unable to prove their right to live in the UK during the government’s ‘hostile environment’ policy, introduced by the then Home Office Secretary, Theresa May.
Compensation includes payment for loss of employment, benefits, impact of life and other hardship
Urgent need for pro bono & legal aid in compensation application
The Compensation Scheme was ‘designed to be as clear and simple as possible, so people do not need legal assistance to make a claim’
But a report by the University of Sussex and law firm Dechert shows higher compensation when claimants proceed with a lawyer
£11,400 VS £83,200
Funded legal advice to the claimants can also lead to more detailed and complete applications from the outset, as suggested by the report
Lawyers are also needed to identify and challenge poor quality decision making, e.g., errors of law, departures from the Rules and Guidance, or a decision that might be illegal or irrational (from a public law perspective)
Law firms involved:
Latham & Watkins
Bryan Cave Leighton Paisner
Taylor Wessing
Linklaters
Charles Russell Speechlys
POLITICAL
The government will face pressure from law firms, lobby groups, pro bono lawyers, and organisations to simplify the existing mechanism for Windrush Compensation Scheme applications.
ECONOMICAL
More resources might be allocated for funded legal advice for the Windrush Compensation Scheme, potentially leading to underfunding of other areas.
The compensation budget might increase Actual payouts, as mentioned, can vary widely, straining departmental budgets, potentially deepening the already suffering government debt.
SOCIAL
Many individuals have not received compensation, meaning many are still suffering from the loss.
The scheme, if done right, restores trust between the Windrush community and the government, addressing historic injustices.
As more lawyers are involved, the process will become more formal and complex, potentially increasing inaccessibility.
TECHNOLOGICAL
Online submission portal increases accessibility but may disadvantage those with restricted digital literacy. This may be exacerbated as many of the Windrush community are older.
Data management and online security should be enforced. As much sensitive information, e.g., medical records, birth certificates, or financial records, is provided by the claimant.
An automation of decision-making might be provided. However, this might lead to more problems.
LEGAL
Lawyers can identify and challenge errors of law based on different grounds that are unbeknownst to ordinary laypeople, especially those with English as their second language.
Access to justice might be improved as more receive the correct amount of compensation they are entitled to.
ENVIRONMENTAL
The increasing reliance on remote work and digital document management in pro bono and legal aid services (as likely used in this Windrush case) reduces the carbon footprint associated with in-person consultations, travel, and paper use.
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