Windrush Compensation Scheme

Lord Bailey of Paddington Excerpts

Tuesday 2nd June 2026 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness. First, the Windrush commissioner is in regular engagement and discussion with Ministers around issues of concern, and since January 2026 we have made some significant changes to the scheme as a result of representations from the commissioner. The noble Baroness mentions legal representation. We have a dedicated helpline. We give claim form guidance. We have free practical support for claimants’ assistance. We have put £1.5 million into a free advocacy support system. We also have limited legal support of up to £1,500 to obtain probate to submit a claim as a representative of a Windrush claimant’s estate. They are British citizens and they deserve our support. We want to ensure that we have a fair and equitable system, and I will happily take representations from the noble Baroness on any issues if she feels there are concerns.

[Lord Bailey of Paddington (Con)]

My Lords, the noble Baroness, Lady Benjamin, commented that people who come with legal representation get higher and better awards. Does the Minister know why this is and, if he does not, can he look into why people with legal representation are getting much better awards? Surely the system should be defending those who are the most vulnerable and cannot get that representation.

[Lord Hanson of Flint (Lab)]

The two factors may not necessarily be similar. There may be individuals who engage legal support and end up getting the claim they would have had anyway, whether they had that support or not. The scheme was designed not to have necessarily a barrier of legal representation; that is why we have put in help and support for claimants, but legal representation is not required. We are looking at all times at how we can simplify the scheme, but I caution the noble Lord against presuming that legal representation in this case means a higher claim. It may be that the claim was justified in the first place, as we view all claims on an individual basis for each claimant.