Calls for funded legal advice to be made available to victims of state scandals seeking compensation

Victims of state scandals seeking compensation should be made available to funded legal advice, according to the latest King’s College London report on redress schemes.

Research published earlier this year by King’s College London found “structural flaws” in the Windrush compensation scheme. In June, the university’s legal clinic hosted a roundtable discussion with victim advocates, lawyers and researchers with expertise in various compensation systems.

In a report published today, the King’s Legal Clinic calls for programs to be designed in a way that minimizes the impact of re-traumatization and ensures accessibility. The application process should be simple, trauma-informed and compassionate. To protect victims, funded legal advice and support services must be made available from the very beginning of the claim.

Roundtable participants agreed that accessible, good quality, funded legal advice is necessary to enable victims to pursue claims “given fear and distrust of the state and the need for lawyers to act as a buffer and support victims to make objective decisions in the circumstances emotionally charged.

The report said: ‘The lack of any funded advice on (Windrush Compensation Scheme) was highlighted in the wider context of the very high refusal rate for this scheme compared to (Horizon Shortfall Scheme) and (Lambeth’s Children’s Home Compensation Scheme) which some level of funded advice.

“Advocates for some victims have expressed concerns about the involvement of lawyers, expressing the belief that some lawyers “only care about the money,” although they believe this could be remedied by appropriate vetting of lawyers or specialist panels. It is worth noting that some victims preferred to manage the information and direct the process entirely to retain ownership and as a form of empowerment reflecting their deep understanding of the harm they had suffered.

In July, the National Audit Office criticized the government’s lack of a central, coordinated approach in setting up new compensation schemes, which had led to errors and inefficiencies in design, as well as delays in getting money to claimants.

Shaila Pal, supervising solicitor at King’s Legal Clinic, who led the roundtable discussion, said: ‘The state has failed (the victims) and it is unacceptable that schemes to compensate them further add to the harm already done. Their experiences are often marginalized, programs are inconsistent, the compensation offered seems inadequate, and many people have told us they find the entire process traumatic. We need a system that is fair, collaborative, fast and fully and appropriately compensates people for the serious harm they have suffered.