ADD2320 Windrush Justice Fund

We estimate that there are potentially thousands of Londoners characterised as part of the Windrush generation who have not yet got the legal documentation they require to access their rights. 63,700 Residents of England and Wales born in Commonwealth countries who arrived in the UK before 1973 did not hold a UK passport. Nearly 30% of these (18,600) lived in London, though London residents were more likely than average to hold a UK passport. The majority of enquiries to the Home Office Windrush Taskforce between April and July 2018 were from Londoners from the Caribbean (65%). The below map, based on the 2011 census, shows the distribution of Black Caribbean persons aged 40 or over in 2011 (see decision PDF for the map).

The Mayor has committed to do everything he can to support the Caribbean community that plays a vital part in making London the great city it is. This has included the Arrival event hosted by City Hall, and work through the London Strategic Migration partnership and Migrant and Refugee Advisory Panel to ensure that the Home Office policies meet the needs of Londoners including hosting a consultation session with civil society organisations to inform the Home Office’s compensation scheme consultation and lessons learned review.

There is still a significant gap in London for appropriate outreach and legal advice to ensure that Commonwealth Citizens and others who have been in the UK for a long time and are worried about their immigration status can access advice and support to get their documentation and confirm their immigration status.

The Windrush Justice Fund launched by Patrick Vernon OBE in April 2018 is still live on the crowdfunding platform of GoFundMe. The funding that has been raised on the platform is deposited into the accounts of JCWI (Joint Council for the Welfare of Immigrants), the host organisation, subject to the launch of the grant scheme. The grant scheme will be open to applicants from grassroots and community organisations to provide support and advice to the Windrush generation. Over £18,655 has been raised on the GoFundMe platform. While the grant programme will be national, the GLA’s funding and input on the advisory board will focus entirely on London, allowing us to participate in meetings organised by the Windrush Justice Fund throughout the duration of the grants and ensure funds are spent appropriately.

The fund was created in recognition that many people do not have confidence or trust the Home Office to resolve their citizenship status despite the launch of the Government Taskforce, helpline and promise of compensation. The third sector has a track record in providing independent impartial advice and acting as advocates in liaising with the Home Office. Several lawyers and case workers have volunteered their time free of charge to support community organisations who received a massive increase in enquiries from Windrush and other Commonwealth nationals.

Small grants of £200-£2,000 will be available from the Fund to third sector organisations to progress the following key aims:

• To support pre-existing organisations and networks to provide additional free legal advice sessions for Windrush Generation and other Commonwealth citizens. This legal advice will include reviewing citizenship/immigration status; supporting people to apply to Windrush Scheme; liaison with the HM Passport Office and relevant High Commissioners/Embassies to resolve immigration status;
• To ensure that the Windrush generation are able to access advice and support to make applications to the forthcoming Windrush Compensation Scheme;
• To support outreach activities aimed at vulnerable groups within London affected by the Windrush Scandal to access information and support about their immigration status who are otherwise difficult to engage through traditional awareness raising campaigns; and
• To encourage and support migrant and third sector to engage with those affected by the Windrush Scandal to extend their offer and services to meet the increase in case work and enquiries.

Applications would be encouraged from:

• Law Centres;
• Citizens Advice Bureaux;
• Migrant Rights/ Immigration organisations;
• Grass Roots organisations;
• Race Equality organisations and networks; and
• Faith organisations.

The GLA will be represented on an Advisory Board to assess grant applications and monitor the outputs of successful projects. To assess the impact of the grant scheme a simple evaluation form will be sent to recipient organisations which will cover the following information and which will form the basis of a report:

• Nature and details of legal advice surgery activities;
• Range of cases and applications supported (with some case studies);
• Number of Windrush and Commonwealth beneficiaries supported;
• Details of cases/applications resolved and outstanding; and
• General feedback on Windrush Scandal and “Hostile Environment”.

Under Section 149 of the Equality Act 2010, as a public authority, the GLA must have ‘due regard’ of the need to:

• Eliminate unlawful discrimination, harassment and victimisation; and

• Advance equality of opportunity and foster good relations between people who have a protected characteristic and those who do not.

Equality, integration and inclusion are the drivers behind this programme of work. Tackling disadvantage and discrimination is a central part of this project which aims to ensure that the Commonwealth citizens and other migrants with insecure status can access their legal rights to residency and citizenship. The project will support a number of objectives from the Equality, Diversity and Inclusion Strategy including ensuring that London is a great place to live, work and do business.

The Mayor has committed to removing barriers to social integration, this includes supporting all Londoners who hold legal rights to live here to access their rights.

The Social Integration team have completed our due diligence, working closely with the Windrush Justice Fund to ensure GLA’s position on the advisory board in making key funding decisions on grants awarded in London. The Windrush Justice Fund will be managed through JCWI, a well-known organisation who are members of the Mayor’s Migrant and Refugee Advisory Panel and have worked with City Hall for a number of years.

In the drafting of this proposal the drafting officer has considered the following:

• Paying regard to the effect that the decision will have on the health of persons in Greater London, health inequalities between persons living in Greater London, the achievement of sustainable development in the United Kingdom and climate change and its consequences (s.30(3-5) of GLA Act);

• Consulting, where appropriate, with appropriate bodies (s.32 of GLA Act); and

• Paying due regard to the principle that there should be equality of opportunity for all people (s.33 of GLA Act).

The expenditure of up £20,000 will be funded from the 2018-19 Social Integration Programme budget within the Communities and Social Policy Unit.

Part II of the Greater London Authority Act (‘GLA Act’) sets out the general functions and procedure of the GLA. Section 30 of GLA Act sets out the general power of the GLA to do anything which it considers will further any one or more of its principal purposes which are:

(a) Promoting economic development and wealth creation in Greater London;
(b) Promoting social development in Greater London; and
(c) Promoting the improvement of the environment in Greater London.

The section 30 functions are exercisable by the Mayor acting on behalf of the GLA (s.30(10)).

The proposals to match-fund the independent Windrush Justice Fund will further the GLA’s aims for promoting social development in Greater London. As noted above, the Mayor has committed to removing barriers to social integration and to ensuring that all Londoners who have the legal rights to live in the UK are legally recognised and are able to access their rights.

Under section 34 of the GLA Act, the Mayor may do anything (including the acquisition or disposal of any property rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the GLA exercisable by the Mayor. The proposals in this requested decision are an exercise of the incidental power under s.34 of GLA Act.