Our People

Seeking justice for the Windrush generation

Images: courtesy Joint Council for the Welfare of Immigrants & Antony Brown

It may have taken Anthony Brown, co-founder of Windrush Defenders, more than three decades to achieve his dream of becoming a lawyer, but the years didn’t dim his desire for justice. He’s now fighting for all of those affected by the Windrush scandal – a group that he understands intimately.

It was at the age of 21 that Anthony found that he was one of those affected by changes in UK immigration law, which meant that although his family moved from Jamaica to Manchester when he was six, an absence from the UK during his teenage years meant that he had lost his right to remain. Suddenly, he was considered an immigrant offender and under threat of deportation at a time when he had hoped to begin studying the law, join the police and “make some difference”.

Happily, with the support of a strong, six-month campaign backed by his MP, he was granted indefinite leave to remain – but the law was left behind and he was left under a shadow. “The threat of deportation was very traumatic,” he recalled at a Charles Russell Speechlys event for Black History Month last year. “You carry on with this fear that if anything happened to you [at the hands of law enforcement] you would be treated differently.”

More than three decades later Anthony completed his law degree, which coincided – in 2018 – with the Windrush scandal. This revealed the extent to which people had wrongly lost their right to live in the UK, and were detained, deported and denied legal rights. The aftermath saw the introduction of the Windrush Scheme, which enables victims to apply to regularise their status. Anthony applied through the Scheme with the result that: “I was given my citizenship back in three and a half weeks after 35 years,” he recalled. The Government also set up a Windrush Compensation Scheme for those who suffered losses due to their inability to prove their rights to live and work in the UK.

Campaigning for reform

Armed with a unique understanding of the issues, Anthony co-founded Windrush Defenders, which helps applicants confirm their legal status, claim compensation and campaigns for law reform. Anthony has described the Windrush Compensation Scheme as “a gruelling, re-traumatising process”. This may be why so few claims have been made under it – recent Government estimates suggest only 17% of those entitled have claimed. As of April 2021, only £6.1m of a potential £500m that could be claimed had been paid out. “The problem,” said Anthony, “is delay – and, as we know, justice delayed is justice denied.” The result is people who are anxious, upset, and whole families in limbo.

In January 2021 Anthony applied to Her Majesty’s Courts and Tribunal Service for a judicial review of the Scheme, along with a call for a Windrush Act that amends the laws, “that have whittled away our rights”. Legal Directors from our Litigation team, John Almeida and Max Davis, are working closely with Anthony on these judicial review proceedings, alongside barrister Rowan Pennington-Benton of 3 Hare Court, all on a Pro Bono basis.

While these proceedings are ongoing, Anthony remains committed to his work representing those touched by the Windrush scandal and legacy. As he told his Charles Russell Speechlys audience: “My passion is about what the country can be, not what it has been. That’s why I’m so active in what I’m doing.”

JCWI: Collaboration on compensation

In April 2021, Charles Russell Speechlys launched a unique collaboration with the Joint Council for the Welfare of Immigrants and seven other law firms to provide Pro Bono assistance for Windrush victims applying for compensation. The initiative is a response to the low take-up of applications for compensation which reflects a lack of awareness but also the complexity of the application process. Kelvin Tanner, Partner in our Immigration team, is leading our volunteers and says: “Our lawyers are committed and ready to support these individuals to navigate the complex scheme in order to help them obtain the redress they are entitled to.”

Learn more

“My passion is what the country can be, not what it has been”

– Anthony Brown, co-Founder Windrush Defenders

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