Windrush Compensation Scheme Resources
On this page you will find some basic information about the Windrush Compensation Scheme, links to free legal advice for those wishing to make a claim under the scheme and links to UK government information about the scheme.
We have included a page about the Windrush Compensation Scheme because
- a significant number of health and social care professionals or members of their families, may be eligible to financial compensation under the scheme;
- awareness of the scheme is low and health and social care professionals are likely to have contact with people who are entitled to claim under the scheme, including those who may have had difficulty accessing health and social care due to lack of documentation; and
- we highly recommend that those wishing to make a claim use one of the free legal advice and assistance services listed or a similar a Windrush Support free legal advice scheme so that they have the benefit of expert advice and assistance when making their claim.
What is the Windrush Compensation Scheme?
The Windrush Compensation Scheme emerged from the Windrush scandal in the UK where individuals were were denied their legal rights, including rights to healthcare, state benefits and employment, some were unlawfully detained or deported or denied re-entry to the UK after travelling overseas, because they were unable to prove their legal immigration status as a result of Home Office policies over many years. Individuals from across the world were affected, the most well known being from Caribbean countries, particularly the so called ‘Windrush generation’, put people from other commonwealth and non-commonwealth countries have also been affected. Second and third generations, the children and grandchildren of those who were unable to evidence their legal immigration status have also been affected.
In May 2018 the Home Office established the Windrush scheme. This allows eligible individuals to apply for documentation to prove their immigration status. The Windrush Compensation Scheme was launched in April 2019. The UK government estimated there would be 15,000 eligible claimants. As at November 2021, only 3,022 people had applied and 864 had received compensation. Twenty-three applicants died before receiving their compensation.
Who Can Apply?
(Source: UK Government guide see below)
An individual can apply if:
- they came to the UK from a Commonwealth country before 1973; or
- their parents or grandparents came to the UK from a Commonwealth country before 1973; or
- they came to the UK from any country before 31st December 1988 and are now settled here; or
- they are a close family member of someone eligible to claim and they have had significant losses themselves; or
- they represent the estate (post death) of someone who would have been eligible.
Examples of losses for which claims can be made:
(Source: UK Government guide see below)
- employment;
- immigration fees;
- housing;
- health;
- education;
- driving licences;
- banking;
- daily life – for example, you missed a major family event because you could not travel;
- detention and removal.
Eligibility
(Source: UK Government guide see below)
An individual can apply for compensation under the scheme if:
- they have suffered losses because they could not prove their right to stay in the UK; or
- they have had losses because they are the partner, child, brother, sister or parent of someone who could not prove their right to stay in the UK; or
- they represent the estate (post death) of someone who has had losses because they could not prove their right to stay in the UK.
Free Sources of Expert Advice and Assistance
We strongly recommended that anyone wishing to make a claim under the scheme does so with the assistance of one of the following free advice and assistance services or a similar Windrush Free Legal Advice Service.
Greater Manchester Immigration Aid Unit NATIONWIDE
Provides free legal advice and assistance for those wishing to claim under the scheme. Although the Unit provide wider immigration advice and support just for those living in Manchester and the surrounding area, they provide access to free legal advice and assistance for people wishing to claim under the Windrush Compensation Scheme for people across the UK.
Windrush Compensation Support LONDON
Windrush Legal Angels LONDON
Windrush Compensation Support NOTTINGHAM
Windrush Legal Advice Clinic WOLVERHAMPTON
University of Leicester Windrush Compensation Project LEICESTER
UK Government/Parliament Resources
The Windrush Scheme (to apply for documentation) and Windrush Compensation Scheme
Windrush Compensation Scheme (Expenditure) Act 2020
House of Commons Library, Debate Pack, Wendy Williams’ Windrush Lessons Learned Review Progress Update, 28th June 2022
UK Parliament, Home Affairs Committee, The Windrush Compensation Scheme – Report Summary, 24 November 2021
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