Windrush Compensation Scheme: 2025 Guide
In This Article
1. Overview of the Windrush Compensation Scheme and Recent Legal Developments
2. Who Is Eligible Under the Windrush Compensation Scheme?
3. Eligibility Criteria for Primary Claimants
4. Applying on Behalf of a Deceased Person
5. Applying as a Close Family Member
6. Categories of Financial and Non-Financial Loss
7. Evidence Requirements for the Windrush Compensation Scheme
8. Application Process for the Windrush Compensation Scheme
9. Next Steps If Your Claim Is Unsuccessful
10. Contact Our Immigration Barristers
11. Frequently Asked Questions
12. Glossary
The government has recently announced a £1.5 million fund to support access to compensation for victims of the Windrush scandal. This is in the form of the Windrush Compensation Advocacy Support Fund which aims to offer support to those applying to the Windrush Compensation Scheme.
1. Overview of the Windrush Compensation Scheme and Recent Legal Developments
The Windrush Compensation Scheme was set up to assist victims of the Windrush generation who suffered as a result of being unable to show their lawful right to remain in the UK. The Windrush generation are those who arrived in the UK from Caribbean countries from 1948 to 1973.
The background to the Windrush scandal is set out in further detail and a guide to making an application to the Windrush Scheme itself. This article will focus on the Windrush Compensation Scheme.
Despite the process of applying to the Windrush Compensation Scheme being somewhat legally and practically complex, the High Court ruled in R (Joyce Oji) v Director of Legal Aid Casework [2024] EWHC 1281 (Admin), that applicants are not entitled to legal aid assistance in the form of exceptional case funding for these applications.
2. Who Is Eligible Under the Windrush Compensation Scheme?
Applications can be made as either a primary claimant, including on behalf of their estate if the primary claimant is deceased, or as a close family member of a primary claimant.
The first step in a claim is to establish eligibility. The second is to show a causal link between your loss(es) and your inability to prove your right to stay in the UK.
3. Eligibility Criteria for Primary Claimants
As a primary claimant in the Windrush Compensation Scheme, you can apply if one of the following is true:
(a) a Commonwealth citizen who was settled in the United Kingdom before 1 January 1973 and has been continuously resident in the United Kingdom since their arrival (or who satisfied this provision and is now a British citizen)
(b) a Commonwealth citizen who was settled in the United Kingdom before 1 January 1973 whose settled status has lapsed because they left the United Kingdom for a period of more than 2 years, and who is now lawfully in the United Kingdom (including as a British citizen)
(c) a Commonwealth citizen who has a right of abode and was ordinarily resident in the United Kingdom on 1 January 1973 (or who satisfied this provision and is now a British citizen)
(d) a child of a Commonwealth citizen parent, where the parent either:
(i) was settled in the United Kingdom before 1 January 1973; or
(ii) has a right of abode and was ordinarily resident in the United Kingdom on 1 January 1973 (or did satisfy this provision and is now a British citizen)
(including a citizen who satisfied one of those requirements and is now deceased), and where the child either:
(i) was born in the United Kingdom or arrived in the United Kingdom before the age of 18, was not automatically a British citizen or a citizen of the United Kingdom and Colonies from birth, and has been continuously resident in the United Kingdom since their birth or arrival;
(ii) was born in the United Kingdom or arrived in the United Kingdom before the age of 18, is a British citizen, and automatically became a citizen of the United Kingdom and Colonies/British citizen at birth
(e) a grandchild of a Commonwealth citizen, where the grandparent either:
(i) was settled in the United Kingdom before 1 January 1973; or
(ii) has a right of abode and was ordinarily resident in the United Kingdom on 1 January 1973 (or did satisfy this provision and is now a British citizen)
(including a citizen who satisfied one of those requirements and is now deceased), where either:
(i) the grandchild and their parent were born in the United Kingdom or arrived in the United Kingdom before the age of 18, were not automatically a British citizen or a citizen of the United Kingdom and Colonies from birth, and the grandchild has been continuously resident in the United Kingdom since their birth or arrival;
(ii) the grandchild was born in the United Kingdom or arrived in the United Kingdom before the age of 18, is a British citizen, and automatically became a citizen of the United Kingdom and Colonies/British citizen at birth
(f) a person of any nationality who arrived in the United Kingdom before 31 December 1988 and who either is lawfully in the United Kingdom or is now a British citizen
(g) a Commonwealth citizen outside the United Kingdom who was settled in the United Kingdom before 1 January 1973 and who has a right of abode or settled status or who is now a British citizen, or whose settled status has lapsed because they left the United Kingdom for a period of more than 2 years.
4. Applying on Behalf of a Deceased Person
In order to apply on behalf of the deceased estate, you should provide evidence that you are a representative of the estate. The deceased should have been eligible to apply under the Windrush Compensation Scheme. In the UK, this can be an executor or an administrator of the estate or by a personal representative of the deceased. Outside the UK, this can be a person who has responsibility for the administration of the estate.
5. Applying as a Close Family Member
If applying as a close family member, you must have experienced a loss because a close family member could not prove that they had the right to live in the UK under the Windrush Compensation Scheme. The family member must be a partner, parent, child, brother or sister. They do not need to have made a claim, but they must be or have been eligible.
6. Categories of Financial and Non-Financial Loss
The types of loss that can be claimed for under the Windrush Compensation Scheme include the following:
Immigration fees and legal costs in respect of immigration applications
- This does not include the cost of passport applications.
- Legal fees are capped at £500.
Costs incurred or losses arising from detention, deportation, removal or return
- A material reason for the detention, deportation, removal or return must have been the inability to provide sufficient evidence to establish lawful status. It is possible to be successful even where other factors have played a part in the detention, removal or deportation.
Employment-related losses or lost employment benefits associated with the termination of a contract of employment or contract for services, or the withdrawal of an offer of employment or the offer of a contract for services
- If salary evidence is provided, the amount of salary can be recovered. If salary evidence is not provided, this is set at £1,147 per month.
Impacts or losses relating to occupational pension schemes or other pension-related matters or entitlements
Loss of access to services
- This includes a denial of access to housing for which a total of £1,000 will be paid.
- This also includes a denial of access to free NHS care for which a total of £500 will be paid.
Costs incurred or losses arising from homelessness
- This is awarded at £250 per month of homelessness.
Non-financial losses or detriment associated with the types of impacts specified
- This can include inconveniences, injury to feelings, including anxiety, distress and reputational damage, family separation, immigration difficulties, inability to attend significant events and impacts relating to a deterioration in physical or mental health.
Loss of opportunity to invest money for the purpose of profit or income generation, or other potential losses which are of an essentially speculative nature
- This provision relates to losses that cannot otherwise be claimed, the assessment of which is discretionary.
Living costs paid to, or on behalf of, a primary claimant
- These include rent, utilities, contributions towards food and household essentials, travel, prescription fees and council tax paid by the close family member on behalf of a primary claimant.
Please note that there are various exceptions to the above which have not been set out in full. For advice and assistance with regards to your individual circumstances, you may wish to seek legal advice.
7. Evidence Requirements for the Windrush Compensation Scheme
It is important that a claim under the Windrush Compensation Scheme is robustly evidenced in so far as possible. The necessary evidence will depend on the type of loss(es) you are claiming. It will be necessary to show that each loss was as a result of being unable to prove your status.
The relevant standard of proof is the balance of probabilities, meaning the decision maker must be satisfied that what has been claimed or occurred is more likely than not.
Considering there may be a significant passage of time which has passed since each loss occurred, you may wish to obtain Subject Access Requests to obtain further information held regarding your time in the UK and possibly elsewhere. This blog post details how to apply for Immigration Subject Access Requests but you can also obtain them from other relevant public bodies.
It is possible that the Home Office can contact you requesting further information and evidence if they do not consider that sufficient evidence has been provided.
8. Application Process for the Windrush Compensation Scheme
You will need to submit the completed relevant application form and either email your claim form and documents by email to: windrushcompensationscheme@homeoffice.gov.uk or post your documents.
If you are posting these from inside the UK the address is:
Freepost WINDRUSH COMPENSATION SCHEME
If you are posting these from outside the UK, you should send these to:
Windrush Compensation Scheme
PO Box 3468
Sheffield
S3 8WA
United Kingdom
No processing time is published for these claims.
You will be contacted firstly to confirm that your claim under the scheme has been received. If successful, you will receive a letter offering compensation.
9. Next Steps If Your Claim Is Unsuccessful
If you are not satisfied with the decision reached under the Windrush Compensation Scheme, you have two months from the date of decision to challenge it. You can ask for a review of the decision, the ‘Tier 1’ part of the review.
There are no fees for reviews. The decision will be assessed by a senior reviewer who was not involved in the original decision. They may look at whether:
- the rules, policy and guidance were applied correctly
- there was a mistake of fact
- the initial decision maker made the right judgement on the correct standard of proof
- all the available information and evidence was considered
The review can uphold a determination, reinstate an initial determination, make a new determination or make any other consequential provision required. You will be notified in writing of the result of the review.
Within two months of receipt of this notification, you must either accept the decision or notify the Home Office that you wish to proceed to a ‘Tier 2’ review which will be to an Adjudicator, independent of the Home Office.
The Adjudicator will consider both the original decision and the determination at the Tier 1 stage. They can provide a recommendation to the Home Office which the Home Office will consider but does not have to implement. If not implemented, written reasons for this should be given.
10. Contact Our Immigration Barristers
For expert advice and assistance in relation to Windrush applications and queries contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
