This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/uk-news/2018/may/02/windrush-scandal-lawyers-prepare-compensation-claims
The article has changed 5 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Windrush scandal: lawyers prepare compensation claims | Windrush scandal: lawyers prepare compensation claims |
| (6 months later) | |
| Lawyers have begun preparing group compensation claims on behalf of members of the Windrush generation who were denied services, wrongfully detained or forced out of work. | Lawyers have begun preparing group compensation claims on behalf of members of the Windrush generation who were denied services, wrongfully detained or forced out of work. |
| The threat of legal action comes as the Home Office develops an official redress scheme that it hopes will be seen as sufficiently generous to prevent cases coming to court. | The threat of legal action comes as the Home Office develops an official redress scheme that it hopes will be seen as sufficiently generous to prevent cases coming to court. |
| The injustices were intensified, according the Law Society, by deep cuts to legal aid that deprived individuals of advice and support over their residential status at the moment they most needed it to cope with the government’s “hostile environment” policy. | The injustices were intensified, according the Law Society, by deep cuts to legal aid that deprived individuals of advice and support over their residential status at the moment they most needed it to cope with the government’s “hostile environment” policy. |
| Support for immigration claims was withdrawn by the coalition government’s Legal Aid Sentencing and Punishment of Offenders (Laspo) Act. Figures since then record a dramatic decline. Legal aid for immigration was granted for 22,496 cases in 2012-13, but number had fallen to three by 2016-17. | Support for immigration claims was withdrawn by the coalition government’s Legal Aid Sentencing and Punishment of Offenders (Laspo) Act. Figures since then record a dramatic decline. Legal aid for immigration was granted for 22,496 cases in 2012-13, but number had fallen to three by 2016-17. |
| The London law firm Leigh Day is already working on compensation claims on behalf of people who lost their jobs or were denied entry to the UK after they went on holiday to the Caribbean. It has not yet lodged papers with the courts. | The London law firm Leigh Day is already working on compensation claims on behalf of people who lost their jobs or were denied entry to the UK after they went on holiday to the Caribbean. It has not yet lodged papers with the courts. |
| Jamie Beagent, a solicitor at the firm, said most would be brought as unlawful discrimination but some could top the higher legal threshold of degrading treatment outlawed under article 3 of the European convention on human rights. | Jamie Beagent, a solicitor at the firm, said most would be brought as unlawful discrimination but some could top the higher legal threshold of degrading treatment outlawed under article 3 of the European convention on human rights. |
| “We have one case where someone who had been on holiday in Jamaica was detained on his return at the airport and deported,” said Beagent. “In another case, someone was escorted from their workplace by immigration officers. | “We have one case where someone who had been on holiday in Jamaica was detained on his return at the airport and deported,” said Beagent. “In another case, someone was escorted from their workplace by immigration officers. |
| “Most of them were born in the Caribbean, but a couple are Canadians who came here in the 1960s before the 1971 Immigration Act.” | “Most of them were born in the Caribbean, but a couple are Canadians who came here in the 1960s before the 1971 Immigration Act.” |
| Commonwealth immigrants who arrived before 1971 acquired, without the need for documents, an automatic indefinite right to remain. Many had been invited to Britain to help rebuild the economy after the war. | Commonwealth immigrants who arrived before 1971 acquired, without the need for documents, an automatic indefinite right to remain. Many had been invited to Britain to help rebuild the economy after the war. |
| “We would be aiming to bring in test cases to establish that the ‘hostile environment’ discriminated against the Windrush generation. | “We would be aiming to bring in test cases to establish that the ‘hostile environment’ discriminated against the Windrush generation. |
| “Whilst we welcome the news that the government intends to set up a compensation scheme for these British citizens, we know very little more. We are also sceptical that such a scheme will adequately recompense our clients for what they have been through and what they have lost, and seems to be a failed crisis-management ploy. | “Whilst we welcome the news that the government intends to set up a compensation scheme for these British citizens, we know very little more. We are also sceptical that such a scheme will adequately recompense our clients for what they have been through and what they have lost, and seems to be a failed crisis-management ploy. |
| “Whilst Amber Rudd may have resigned, it was the current prime minister who made this policy real for many thousands of British citizens.” | “Whilst Amber Rudd may have resigned, it was the current prime minister who made this policy real for many thousands of British citizens.” |
| Beagant said compensation claims for wrongful detention usually amounted to as much as £12,000 a month from when an individual was first wrongfully held. | Beagant said compensation claims for wrongful detention usually amounted to as much as £12,000 a month from when an individual was first wrongfully held. |
| Theresa May said last week that the Home Office would “set out the details of that compensation scheme in due course”. | Theresa May said last week that the Home Office would “set out the details of that compensation scheme in due course”. |
| The Law Society, which represents solicitors across England and Wales, said the Windrush scandal highlighted the dangers posed by government cuts to legal aid for immigration issues. | The Law Society, which represents solicitors across England and Wales, said the Windrush scandal highlighted the dangers posed by government cuts to legal aid for immigration issues. |
| The Home Office’s dirty secret: a whole new generation of Windrushers | Sonia Sodha | |
| “As far too many people who came to the UK as children now know, an immigration issue can quickly spiral out of control with disastrous consequences. Jobs are lost, health and social services denied, in the worst cases people are detained and face deportation, despite having every right to call this country their home,” said Joe Egan, the Law Society president. | “As far too many people who came to the UK as children now know, an immigration issue can quickly spiral out of control with disastrous consequences. Jobs are lost, health and social services denied, in the worst cases people are detained and face deportation, despite having every right to call this country their home,” said Joe Egan, the Law Society president. |
| “When the fallout can be so catastrophic, we believe that legal aid is essential so anybody facing such an unjust scenario can get legal advice right at the outset, whatever their circumstances. | “When the fallout can be so catastrophic, we believe that legal aid is essential so anybody facing such an unjust scenario can get legal advice right at the outset, whatever their circumstances. |
| “The results of the government’s long-awaited review of the impact of cuts to legal aid are urgently needed. Thousands of people who were eligible for legal aid on one day – 31 March 2013 – became ineligible the very next day. When people cannot access advice or protect their rights, effectively those rights do not exist.” | “The results of the government’s long-awaited review of the impact of cuts to legal aid are urgently needed. Thousands of people who were eligible for legal aid on one day – 31 March 2013 – became ineligible the very next day. When people cannot access advice or protect their rights, effectively those rights do not exist.” |
| Half of the Home Office’s immigration decisions were overturned when reviewed by a judge, Egan pointed out, saying this provided clear evidence the system was broken. | Half of the Home Office’s immigration decisions were overturned when reviewed by a judge, Egan pointed out, saying this provided clear evidence the system was broken. |
| “Legal aid is a lifeline for the vulnerable. Early legal advice can help people resolve problems quickly and prevent them from having to rely on welfare support or involve the courts. This makes a real difference to the individual and saves taxpayers money.” | “Legal aid is a lifeline for the vulnerable. Early legal advice can help people resolve problems quickly and prevent them from having to rely on welfare support or involve the courts. This makes a real difference to the individual and saves taxpayers money.” |
| Commonwealth immigration | Commonwealth immigration |
| Conservatives | Conservatives |
| Liberal-Conservative coalition | Liberal-Conservative coalition |
| Legal aid | Legal aid |
| UK criminal justice | UK criminal justice |
| Windrush scandal | Windrush scandal |
| news | news |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on Google+ | Share on Google+ |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |