‘They are just waiting for us to die!’ Windrush scandal continues to say Justice4Windrush group

The Windrush scandal continues today, says lawyer, Pauline Campbell who provides her legal services for free (pro bona) and actor Colin McFarlane who co-founded the campaign group Justice4Windrush with singer and songwriter, Annie Lennox.

The organisation aims to raise awareness, educate Britain and ignite a collective call for action. The group is campaigning to ensure full and swift compensation to Windrush victims and bring an end to the hostile environment policy of successive governments.

Speaking on LBC’s James O’Brien show on 10 December, the host O’Brien expressed surprise at the ongoing issues faced by Windrush victims despite previous government apologies and transparency. Campbell highlighted the flawed compensation scheme and the lack of legal aid, leading to many victims being unable to seek help.

Those affected were not given legal assistance, unlike people caught in the Post Office Horizon or Infected Blood scandals. In 2019, the government removed access to legal aid for victims of the Windrush scandal stating that individual could complete the compensation application forms. The government said that individuals did not need legal aid to complete the form, and Campbell remembers reading the Law Gazette report confirming the government’s action.

However, the application form is 44 pages, together with more than 200 pages of guidance notes to be read before completing the application form.  The result of this deliberate government decision has been that 66 people have died without their claims settled, emphasising the urgency of the issue. Campaigners have complained about the complexity and slow pace of compensation to scandal survivors. Many have questioned why the Home Office is administering the compensation scheme.  One Windrush applicant, Conroy Downy suggested, “I think they are waiting for us to die off.”

According to Campbell, “People think that there is no longer a problem and the scandal has been resolved. But that couldn’t be so farther from the truth. The situation is we have hundreds of people who are still being completely and utterly disadvantaged through a compensation scheme. As a result, a lot of people are not able to apply or seek advice because they’ have no legal representation, because there’s no legal aid.”

The hostile environment continues

McFarlane noted that the Windrush scandal and hostile environment continues. He told the story of Hannah

Who regularly spent years traveling between London and Ghana, but was suddenly denied re-entry into the UK and left stranded in a hotel for three months, accumulating bills of about £15,000. Despite appeals for help to MPs, including Jeremy Corbyn and even the Prime Minister, she received no support until Campbell (a bono lawyer) and McFarlane (the advocate) got involved. They took her story to Channel Four News, after which emergency forms enabled her return to the UK. Her hotel bills—escalating to £20,000—remain uncompensated, and she still does not have a British passport, although progress is reportedly being made now. The story highlights the lack of adequate support and the need for active advocacy, media attention, and legal representation for Windrush victims.

McFarlane also shared the story of Herbert, Windrush scandal victim from Birmingham who had not worked for 20 years, despite previously earning about £30,000 per year. Herbert struggled to navigate the compensation process, particularly regarding right-to-work documentation, after experiencing years of confusion and lack of support from the system. With support from Campbell and Justice4Windrush, Herbert eventually received a compensation payout of approximately £292,000. However, it was estimated he was owed closer to £1.5 million, but due to the extended period of financial hardship, borrowed money, and the toll on his mental well-being, Herbert chose not to pursue the matter further. His experience highlights the immense difficulties Windrush victims face in seeking justice and compensation.

Other similar cases have seen their initial compensation offer from the Home Office rise from £20,000 to £170,000 after legal intervention from Justice4Windrush. Campbell noted the massive difference between those individuals who chose represent themselves, compared to those who got legal assistance. Self-represented applicants receive an average of £11,400, compared to £83,200 for those who get legal assistance—highlighting a significant gap in outcomes. Justice4Windrush works closely with legal firm Clifford Chance, who work on Windrush scandal cases on a pro bona basis.

Thousands of claims are still awaiting final decisions or payments, despite Home Office efforts to expedite them. 

According to Herbert, “We have to be rottweilers on paper, literally, and the lawyers themselves have to be rottweilers in order to get any benefit and get any compensation for Windrush scandal victims. The problem is, how many people are getting new offers? They’re not getting any offers and and the Home Office are applying very rigid interpretations of the eligibility criteria. The eligibility criteria has no discretion attached to it at all, and the Home Office are not even following their own guidance.”

About Justice4Windrush

Justice4Windrush (justice4windrush.org.uk) is a charitable organisation dedicated to supporting victims of the Windrush scandal—a systemic failure that caused significant hardship and wrongful immigration status issues for many members of the UK’s Windrush generation and their families.

  • Free legal advice and assistance with the complex compensation application process for Windrush victims, especially those lacking legal aid support.
  • Advocacy for policy changes to ensure fairer treatment and adequate compensation for affected individuals.
  • Partnerships with firms like Clifford Chance to broaden access to legal representation.
  • Public awareness campaigns, including the development of a TV drama, a BBC documentary, and an ambassador program in UK universities.
  • Fundraising to support ongoing pro bono legal work.

Those seeking help, wanting to support, or needing more information can reach out via contact details pauline@justice4windrush.org.uk 

Key Figures & Statistics

As of early 2025, hundreds to a few thousand Windrush victims have received compensation, with figures varying by report date, but many thousands more are still waiting, as schemes have been slow, with campaigners and reports highlighting significant delays, low initial payouts, and vast discrepancies in award amounts depending on access to legal aid, despite government efforts to speed up payments. By mid-2024, around 2,600 claims received payments, but tens of thousands more were still pending. 

  • Early 2024: Around 2,600 claims had received payments out of 8,800 made.
  • By August 2023: Over £72 million had been paid or offered, but only about 1,600 people had received payments years after the scandal broke.
  • By late 2024: Over £116 million had been paid across 3,501 claims, with over 93% of claims having a final decision, but many more applications remain. 

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