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Jo Wilding, Lecturer in law, University of Sussex

Windrush scandal: those left to apply for compensation without legal help missed out on tens of thousands of pounds

The Windrush scandal has been one of the biggest miscarriages of justice in Britain, affecting tens of thousands of people. The government set up a scheme in 2019 to award compensation to those who had been wronged by racist immigration legislation over decades, left unable to prove their immigration status.

But in a new report, I have found that how much victims receive through the scheme has little to do with how they were wronged, and more to do with whether they can access a lawyer. Those who applied without legal support were offered tens of thousands of pounds less than when they appealed with legal representation.

The research, produced with law reform charity Justice and Dechert LLP’s pro bono team, provides empirical evidence of precisely what lawyers do that makes a difference.

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