Source · Select Committees · Home Affairs Committee
Recommendation 43
43
Deferred
We do not believe that the limited service provided by We Are Digital is sufficient...
Conclusion
We do not believe that the limited service provided by We Are Digital is sufficient to obviate the need for specialist legal advice. We therefore urge the Home Office to introduce new arrangements to ensure that everyone who wishes to access legal assistance with their claim is able to do so. The Home Office should consider the following options as part of its review: • Extending the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to include work done under the Windrush Compensation Scheme and waiving means testing for this work; • Establishing an approved panel of legal firms and professionals, with a funding scheme to provide payment for their services to claimants; 94 The Windrush Compensation Scheme • Agreeing a tariff payment for legal costs to be reimbursed to claimants. The payment should reflect the level of support the claimant required, for example whether they requested a review; • Establishing and maintaining a dedicated fund for organisations to provide free legal assistance to claimants. (Paragraph 140) Evidential requirements
Government Response Summary
The government response details the Urgent and Exceptional Payments policy, its publication, and the update to decision letters to clarify that such payments may be deducted from future compensation awards, but does not address the need for new arrangements for legal assistance.
Government Response
Deferred
HM Government
Deferred
The policy on Urgent and Exceptional Payments is available on GOV.UK and is also sent to claimants that enquire about the Compensation Scheme. The current version of the policy was published on 23 February 2021 and advises that any payments or assistance provided under this policy may be taken into account in any subsequent award made under the Compensation Scheme. The Home Office has always been clear that the purpose of this policy is to provide for exceptional payments to be made where a person is experiencing an urgent need that cannot wait for the completion of their compensation claim. Urgent and Exceptional Payments are, in essence, intended to act as an exceptional advance on future compensation. The standard wording of Urgent and Exceptional Payment decision letters was updated on 16 March 2021, in order to reflect the revisions made to the policy. Decision letters include a line which specifically states that payments may be deducted from any future compensation award. We intend to remind the Help Team and caseworkers to ensure that individuals who request urgent support are advised of this at the point that they discuss their urgent need with the team.