Information Article
Finding out about the engagement event on a Brixton Buzz post we made sure that we reposted it on our Facebook page to help spread the word a little more for those that didn't know about it.
It was our hope to find out some ways that we could have a safe space hub created at the Radiate Windrush Festival as part of the engagement events taking place across the UK. To us it seemed that creating access to the information providers is as important to begin healing the hurt as it is to removing the fear around the aggressive stance on Windrush victims.
It is important to note that the hot-line established for enquiries is independent from the immigration action task force. Therefore there is effectively a Chinese Wall agreement in operation to ensure that callers are not pursued when seeking help and assistance relating to the issue of compensation and regularising statuses. - Word of caution this is NOT an amnesty so many will continue to hide through fear.
The event opened with an address by Martin Forde QC. He was pretty honest about his reservations regarding getting involved but said he felt compelled to participate in the solution. Whilst not all of his recommendations were accepted by the Home Office, he was positive regarding the progress that the Compensation Scheme had made in setting a foundation to remedy some of the financial losses inflicted on the Windrush Victims.
He cautioned against using a solicitor that would seek to assist claimants on a win fee percentage citing ethical concerns. There was also a point to note that even though a class action had been mentioned in various open forums, the likelihood of that being a viable option was pretty bleak since the hybrid of the various loss combinations were too individually unique to be accumulated into a single representable class for legal pursual.
Interestingly enough, although entitled the "Windrush Compensation Scheme" it should be noted that the compensation remit extends beyond the Windrush migrants and its victims. It covers any man or woman that entered the UK pre-January 1 1973 from the Commonwealth (not just the Caribbean Commonwealth). Secondly, any person that arrived from any country to live in the UK pre-December 31 1988 and currently has a Right of Abode, Settled Status or is now a British Citizen can apply for compensation.
Throughout the 2 hour event there were a lot of emotions running pretty high and understandably so. Martin did have some eager advice to those who have not yet set out to regularise their status, to go and get their biometric cards and apply for their passports sooner rather than later.
Claimants are separated into 3 groups each with a different claim form to be completed for assessment. (Links are available in the resources section on this page)
Martin also felt that it was important to clarify some of the mis-information around the way that the Tariffs are to be applied to various Loss / Entitlement Areas. Whilst there is a cap/tariff relating to certain Loss / Entitlement Areas there is the option to adjust for increases to connected elements such as distress relating to the Loss / Entitlement Area.
Loss / Entitlement Areas:
- Access to employment (including Running a Business)
- Immigration fees & Associated legal costs
- Detention
- Deportation
- Removal or Return
- Housing
- Homelessness
- Health
- Education
- Driving licences
- Banking
- Impact on normal daily life
- Child Benefits
- Child Tax Credits
- Working Tax Credits
