SURVIVORS of the Windrush scandal are being awarded significantly less compensation than they are entitled to, according to a report published today.

The review of 17 claimants, carried out by the charity Justice in collaboration with the University of Sussex and law firm Dechert, found that access to legal advice had a substantial impact on the level of compensation awarded.

One claimant, who had been initially refused compensation, was awarded £295,000 with legal assistance. 

Claimants received an average of £11,400 when they applied by themselves, increasing to an average of £83,200 once they had legal advice.

Unlike those affected by the Post Office or infected blood scandals, Windrush claimants do not have access to publicly funded legal assistance.

While the Home Office claim the application process is simple, lawyers interviewed in the study said it was in fact “torturous” and that a “culture of disbelief” caused delays and unreasonable refusals.

The application success rate is low, with 66 per cent of claimants denied compensation. 

One claimant, Sandra, came to Britain from the Caribbean before she was one. When her birth nation gained independence in the 1970s, she unknowingly lost her status as citizen of the “United Kingdom and the Colonies.” 

As she was unable to prove her status, she lost her NHS job, was at risk of eviction, and at one point detained and threatened with deportation.

She was initially granted £20,000, but key areas were not taken into account due to lack of sufficient evidence despite her providing a trove of documents.

After seeking help from a law centre to restructure her claim and gather further evidence, including breaking down lost earnings, this increased to £170,000.

She emphasised facing profound emotional strain and systemic obstacles during the process.

Tim Bowden of Dechert LLP said the scheme is “undeniably complex.”

He said: “It requires an understanding of over 200 pages of rules, guidance and application forms in order to make an informed claim. 

“This prevents claimants, especially the many elderly and vulnerable people damaged by this scandal, from being able to effectively present their cases and obtain the compensation they are entitled to.”

He added that funded legal advice would not only be a huge help to claimants, but would also make the scheme more efficient.

The Home Office said it has launched a £1.5 million advocacy support fund earlier this year to help those applying for compensation, but recognised that more needs to be done.