A new report from JUSTICE reveals that Windrush survivors are receiving far less compensation than they are entitled to under the Windrush Compensation Scheme. The key reason? A lack of access to free legal advice.

The scheme was created to compensate for the government’s failure to recognise the lawful residence of many Commonwealth citizens, which resulted in job losses, homelessness, loss of benefits, and, in some cases, wrongful detention or deportation. Lives were left shattered. However, unlike comparable schemes including the Post Office and Infected Blood scandal compensation schemes, the Windrush Compensation Scheme offers no funded legal assistance, forcing many to navigate a complex process alone and often receive less compensation than they deserve.

JUSTICE, in partnership with the University of Sussex and Dechert LLP, reviewed real case files and spoke with Windrush survivors and legal professionals. The report shows that access to legal advice significantly improves both the outcome of claims and the experience of those going through the process. In short, when survivors have legal support, they are far more likely to receive the compensation they deserve.

Call on the Government

We support JUSTICE’s call on the government to properly fund free legal advice for the Windrush Compensation Scheme. Without this, the scheme will continue to fail the very people it was created to help. The government’s proposed community advocacy support fund is no substitute for legal representation. As we told Legal Action magazine, survivors need lawyers.

Windrush Legal Initiative

Since 2021, the Windrush Legal Initiative, founded by JCWI and now run by GMIAU under solicitor Nicola Burgess, has provided legal advice to survivors and secured over £900,000 in compensation. The difference this makes is life-changing.

One client, Helen, said of the support she’d received:

“Your dedication and faithfulness have meant the world to me, especially during a time when I’ve faced significant emotional challenges.

Your team’s expertise and empathy have been invaluable, and I’m grateful for the trust you’ve built with me. Winning compensation is not just about financial recognition; it’s about acknowledging the injustices I’ve faced, and your role in this process has been instrumental.”

As Nicola explains:

“The impact of legal advice cannot be overstated. Without urgent action from the government, people like Helen will continue to be denied what they are owed. Legal representation ensures fair and timely outcomes, and real justice for survivors.”

This scheme was meant to repair a historic injustice. Without proper legal support, it risks repeating it. Survivors need access to legal support — and they need it now.

Read Justice’s report here.

See our Windrush campaign page below for more.