Windrush scandal victims could be eligible for legal aid after "landmark ruling"
Windrush scandal victims were separated from their families, detained and deported
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The Source Exclusive: Windrush scandal victims could be eligible for legal aid after “landmark ruling”
Victims may be eligible for exceptional case funding after a “landmark ruling” which has been described as a “game changer”
STORY BY MELISSA SIGODO
JANUARY 27, 2026 updated 21.56
Windrush scandal victims may be eligible for exceptional case funding for legal aid after a “landmark ruling” from the Court of Appeal.
The Windrush scandal saw people who were mainly Black stripped of their British citizenship, while others were detained, deported or blocked from re-entering the country.
Now, following the case of Joyce Oji, a woman who could not prove her immigration status for decades - the Court of Appeal has upheld the decision of the High Court that a refusal to provide exceptional case funding was lawful.
However, in a ‘significant judgement’, the court stated that “a scheme which is intended to provide redress for wrongs suffered, and which affects the financial well-being of the individual can amount to a civil right for the purpose of Article 6.”
The court has explained that where there is a genuine dispute about eligibility or entitlement, this can amount to the determination of that right.
Therefore, this “landmark ruling” now challenges the long-standing blanket approach of the Legal Aid Agency which has refused all applications for exceptional case funding for Windrush claimants on the basis that the Windrush Compensation Scheme (WCS) cannot involve a civil right.
After eight years since the Windrush scandal was exposed, the court has confirmed that disputes under the Windrush Compensation Scheme can engage basic requirements of fairness and access to justice under Article 6.
The judgement delivered by Lord Justice Lewis has been welcomed by Southwark Law Centre (SLC) who challenged the Legal Aid Agency (LAA) on behalf of Joyce Oji and now say that the government bureau should no longer be able to refuse exceptional funding applicants on a “blanket basis.”
Instead, the LAA must now consider applications on a case-by-case, fact-sensitive basis, including whether a claimant can effectively present their case without legal representation due to the complexity of their individual claim and their particular vulnerabilities.
Stacey Edgar, Executive Director of SLC said: “This judgment is a vital step forward for Windrush claimants and others seeking redress under government compensation schemes.
“It recognises that these are not simply discretionary ‘gifts’, but legal entitlements that engage fundamental rights. Access to legal advice and representation is essential to ensure fairness, accountability, and justice.”
Since the scandal was exposed in 2018, victims have been battling for years through the compensation scheme which has been described as “inhumane.”
Last year, The Source exclusively reported that more than half of eligible Windrush scandal compensation scheme claimants were denied payouts with victims labelling the Home Office “institutionally racist.”
The government announced a £1.5million Windrush Compensation Advocacy fund to support victims with making claims, however, claimants say that groups providing support lack the knowledge of immigration law.
In a damning report, research by legal reform charity JUSTICE also found that Windrush claimants received an average of £11,400 when they applied for compensation alone, but that this increased to an average of £83,200 once they had legal advice.
Among those who have persevered through the Home Office scheme, Hetticia McIntosh, 70, along with her husband Vanderbilt McIntosh who lost their home and were forced to leave the country with their young children have now spent five years fighting for justice and even launching a petition for victims to receive legal aid.
Last year, The Source reported on how Hetticia was hospitalised with high blood pressure from the stress of navigating the compensation scheme.
Furthermore, despite her family’s devastating losses, the Home Office scheme told her that the impact of scandal was “not profound” and “irreversible.”
Now, following the Court of Appeal’s decision, Hetticia who served as a British Army physical training instructor says this will be a “game changer” for those who deserve justice.
Speaking exclusively to The Source she said: “It’s a game changer. Having gone through the application myself, between myself and my husband, when I look at, I recognise that legal representation is vital in order for you to be able to understand the aspects of the law. Not only in the immigration status, but also in the compensation aspect as well.
“It took me a minute to understand what was required from my husband and myself to be able to put that down, and then to think about, ‘how am I going to put this together?’
“And you need people that are experts in those areas to be able to guide you.”
SLC advised Joyce Oji when she sought compensation after the Windrush compensation scheme (WCS) was introduced.
She had arrived in the UK aged three in 1988 from Nigeria to join her family, but was unable to prove her immigration status till 2019 and suffered hardships and losses as a result.
When she applied for compensation without the help of lawyers and through a Home Office funded group, We Are Digital which was set up to assist victims with their claims - “it made very little difference”, court documents state.
This led Joyce to seek legal assistance from the Windrush Justice Clinic at SLC in 2022 who advised her pro bono.
But when the legal team applied for exceptional case funding - which is legal aid that can be granted if a person’s human rights may be affected by not receiving the funding or their case is difficult to prove - the application was refused.
After taking the case to the High Court, a judge ruled in 2024 that it was lawful for the Legal Aid Agency not to grant her the funding with the effect of the decision being that Windrush claimants are not eligible for legal aid.
Now, after heading to the Court of Appeal, Van Ferguson, a solicitor at SLC says that there is “clearly a need for legal assistance at the Tier 1 review stage” which is when claimants ask for their reconsideration of their initial compensation decision.
Speaking to The Source, Van said: “From a practical perspective, although frustrating that the dispute was not seen to be engaged at the “initial claim” stage of the Windrush Compensation process, it does open the door for legal aid representation if a person does not agree with the decision with their initial application, and feel that due to the complexity of their case and other vulnerabilities, they need a lawyer or otherwise their claim is bound to fail.
“There is clearly a need for legal assistance at the Tier 1 review stage - based of the latest statistics. 10,782 compensation claims have been submitted so far. Only 3,358 of those claims have resulted in an award, with 5,881 resulting in a “nil award” decision. The number of Tier 1 reviews to date is 2,954.
Van says that the court’s decision also ‘undermines the Home Office’s narrative’ that the compensation scheme is an “ex-gratia scheme” and that receiving payment is a “gift from the crown.”
He said: “The strong sense I get from my clients over the past four to five years is that the narrative was offensive to the Windrush community, in that it has been interpreted as meaning the UK government does not need to set up the compensation scheme, and when it does, it is given as a gift at their discretion to which the avenues of those people to challenge those “gifts” are very limited.
“It undermines basic principles of restorative justice, and reinforces the historical power dynamic embedded in the Windrush Scandal, converting the perpetrator of harm as being “benevolent” and “charitable” whilst placing an implied burden on the victim to be “grateful” for the actions of the state, as further reinforced by the extremely limited avenues to independently challenge award decisions.”
Hetticia who is one of Van’s clients says that the Home Office acts as though it is doing “a favour” by giving compensation for their wrongdoing and that this is “unacceptable.”
She says she hopes the court’s decision will be a “step in the right direction.”
Hetticia said: “The Home Office is not holding themselves liable for anything. They’re not taking responsibility for anything that has happened to people’s lives, and they can basically give you what they want to give you. They’re granting you a favour and that is unacceptable.
“This court decision is a step in the right direction.
“This opens the door for us to be able to step in and say, ‘that entitlement is there, which we have been denied.’
The Home Office has been contacted for comment.
*This article has been updated to include that the LAA must now consider applications on a case-by-case, fact-sensitive basis, including whether a claimant can effectively present their case without legal representation due to the complexity of their individual claim and their particular vulnerabilities.
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