THERE is no justification for denying Windrush victims the free legal support given to claimants of other state scandals, a new report found today.

Legal charity Justice said that only survivors of the Home Office Windrush scandal are denied free legal help with their claims, while victims of the Post Office and Infected Blood injustices are provided this support.

The Home Office, which administers the Windrush Compensation Scheme, has argued victims would not need legal aid when seeking compensation, claiming it is designed to be accessible.

But Justice’s new report found the scheme is at least as complicated as the other two, involving the assessments of historic laws, facts and evidence which they said lawyers and judges even found complex.

Windrush survivors are unfairly disadvantaged if the state fails to provide them with free legal support, increasing the likelihood they will miss out on due compensation, it found.

A previous Justice report from last year found claimants with legal support were eight times more likely to receive compensation.

And the amount they received changed as well, with those receiving legal representation awarded an average of £83,200, compared to £11,400 when they applied without.

Justice said one claimant was refused any compensation when he applied alone, but was eventually awarded £295,000 when he applied with a lawyer.

The charity’s legal director Zoe Bantleman said: “Our research shows that all the compensation schemes are difficult to navigate, and legal representation is crucial when it comes to securing a fair settlement.

“There is no justification for treating Windrush claimants differently to Post Office or Infected Blood victims.

“Windrush survivors have already endured years of mistreatment at the hands of the state. If the Prime Minister is serious about righting this historic injustice, he must level the playing field and give them the legal support they need and deserve.”

King’s College London legal clinic director Shaila Pal agreed, saying: “Windrush victims continue to face an additional injustice through what has become a two-tier system of redress, with the Windrush Compensation Scheme marked by significant structural failings.

“The evidence for change continues to grow, and we hope the government will act on the findings of our report to deliver a fairer and more accessible scheme.”