Dechert LLP

11/15/2021 | Press release | Distributed by Public on 11/15/2021 04:18

Dechert Supports JUSTICE Working Group on Publishing Windrush Compensation Scheme Report

Dechert has supported the JUSTICE Working Group in publishing its Reforming the Windrush Compensation Scheme report, which sets out 27 recommendations to improve the administrative and procedural aspects of the Windrush Compensation Scheme to ensure it is accessible, fair and efficient for those seeking compensation for the losses and hardship incurred as a result of not being able to demonstrate their lawful immigration status.

The report's recommendations aim to address key findings that suggest the scheme suffers from: a lack of independence; delays and inconsistencies in decision-making; awards that do not accurately reflect claimants' losses; and caseworkers who lack experience and cultural understanding. The report also found that the claim process is complex, and many claimants require legal assistance to complete their claim, despite there being no provision for free legal representation. Claimants who instruct solicitors typically pay between 20 and 30 percent of their award in legal fees and it was further found that the scheme does not have an effective appeals process.

Tim Bowden, Dechert partner and member of the JUSTICE Working Group commented, "Through this Working Group and Dechert's own pro bono casework supporting Windrush claimants, in collaboration with the Joint Council for the Welfare of Immigrants and six other law firms, we have seen first-hand the challenges faced by individuals seeking redress. This report makes practical proposals which are readily implementable, and we hope it will lead to significant changes in the scheme to ensure that claimants are fully and fairly compensated."

To read the Reforming the Windrush Compensation Scheme report, please click here.

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