The new research is led by Dr Jo Wilding, associate tenant at Garden Court Chambers, and produced by JUSTICE, The University of Sussex, and Dechert LLP.
The research reviewed extensive case files and interviewed claimants and lawyers. It outlines how legal advice has made a big difference to both the amount of compensation awarded to claimants by the Windrush Compensation Scheme, and to claimants’ experience of going through the scheme.
The case studies featured in the report demonstrate that funded, independent legal advice and representation are essential for claimants to access the scheme and secure fair compensation. The study explains that legal representation can also provide psychological support, acting as a buffer between claimants and the Home Office, an institution many understandably distrust and are reluctant to engage with directly.
Additionally, claims prepared by legal professionals are more likely to be complete and are processed more quickly, benefiting both claimants and the Home Office by reducing delays and resource demands.
See the JUSTICE press release: People need legal help: The value of legal representation in the Windrush Compensation Scheme.
See Guardian coverage: Windrush scandal victims got less compensation due to lack of legal advice funding, review finds
Dr Jo Wilding practises in asylum and immigration, including trafficking, unlawful detention and damages for false imprisonment. She joined the University of Sussex in 2022, after a period of freelance research work and a postdoctoral fellowship at the University of Brighton. Her research specialism is legal aid and access to legal advice, particularly in immigration and asylum. Jo teaches public law and migration law and co-supervises the Sussex Migration Law Clinic.
