BEIS0000841 - DBT: Horizon Compensation Advisory Board - Report of fifteenth meeting held on 17 and 18 June 2024

Evidence on official site

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Department for
Business & Trade

Horizon Compensation Advisory Board

Report of fifteenth meeting held on 17 June 2024

Members present: Prof. Christopher Hodges (Chair); Lord Arbuthnot; Prof. Richard
Moorhead

Also present: Carl Creswell, Rob Brightwell, Eleanor Brooks, Eleri Wones (all
Department for Business and Trade — “DBT”).

Apologies: Kevan Jones

Convictions

1.

DBT confirmed that Scottish legislation to exonerate wrongly convicted sub-
postmasters had passed and come into force on 13 June. They confirmed that
MoJ would send letters to affected postmasters in England, Wales, Northern
Ireland and Scotland in July, following the election.

The Board noted that some members had met with representatives from the Met
Police earlier that day to discuss the process for recording the quashing of
convictions.

The Board had also arranged a follow-up meeting with the CCRC the following
day to receive an update on cases not exonerated by legislation and offer their
continued support for their ongoing work.

The Board expressed their concern regarding rejected Court of Appeal cases not
being included in legislation. This was a matter they would continue to press with
the CCRC.

The Board also expressed concern around DWP convictions, although they
recognised that evidence other than Horizon had been used in at least some
cases, and that Post Office had not conducted the investigations themselves. To
ensure no wrongful conviction is missed, DBT agreed to consider further with
DWP.

The Board asked for an update on Capture. DBT confirmed Kroll had been
appointed to investigate and were in the process of contacting postmasters who
may have been affected. The Board suggested some further stakeholders who
may have information; DBT confirmed that they would pass their names to Kroll.
The Board raised the need to look closely at the wider question of how computer
evidence is used in court proceedings going forward, as had been discussed in
Parliament.

Redress
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8. The Board noted the good progress outlined in the latest redress data’.

9. The Board noted that an extension of the time limit for accepting £600,000 for
those who have had convictions overturned by the Court has been implemented,
following views from claimant legal representatives and a recommendation from
Sir Gary Hickinbottom. DBT confirmed that, for any claimant who had submitted
a claim on or before 14 June 2024, the £600k fixed sum offer would remain open
unless and until that claimant makes any further claim. This would allow
claimants proper time to consider the offer.

10. The Board asked how pace was being increased on each scheme. DBT
confirmed that Sir Gary was considering various options for the overturned
convictions scheme. A case management function would also be procured for
the new Horizon Convictions Redress Scheme, similar to that already in place on
the GLO scheme. Board members reported positive feedback from some
postmasters’ lawyers on offers being made under the GLO scheme.

11. The Board considered whether there would be disparities in settlement sums
arising from a lack of legal representation for some claimants. DBT confirmed
that there is extensive case comparison across the schemes to ensure fairness
as far as possible between cases with similar fact patterns. Post Office would
also shortly be writing to claimants with regard to the £75k fixed sum offer for
those who have not yet settled or have already settled below that amount in the
Historical Shortfall Scheme. DBT would continue to consider the Board’s
previous recommendation of an independent HSS appeals process with
Ministers, following the election.

12. The Board noted they would continue to look at the treatment of family members
and how these claims are dealt with. In particular there was a risk that families
where splits had occurred could receive different treatment than those families
which remained amicable. The Board agreed they would consider this further
with claimants’ legal representatives.

Other issues

13. The Board confirmed that they had received a response from Post Office
regarding staff who had previous involvement in the scandal and were seeking
further reassurances and clarifications.

14. The Board noted the publication of their paper regarding a model for the future
of redress. DBT had also circulated the paper more widely within Government.

15. The Board confirmed that they would like to meet the newly appointed Post
Office Chair and reconvene a meeting with claimants’ legal representatives for
the autumn.

1 Post Office Horizon compensation data as of 31 May 2024 - GOV.UK (www.gov.uk)

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Report of Advisory Board members’ meeting with the Met Police on 17
June 2024

Present:

Advisory Board: Prof. Christopher Hodges (Chair); Prof. Richard Moorhead

Met Police: Deputy Chief Constable Naveed Malik; Chief Inspector David Drizen;
Superintendent Jon Grainge

DBT: Rob Brightwell

1. The Met outlined their ongoing work to record the quashing of convictions in
England and Wales, working with Police Service Northern Ireland and Police
Scotland. They explained their proposed process and confirmed that they had
been working closely with various organisations to ensure coordination across
various systems. This includes ensuring that quashed convictions, including
biometrics, is deleted from databases used for front line policing.

2. The Met were cognisant of the need to ensure no further detriment to victims
affected by the scandal.

3. Board members thanked the Met for their work. They stressed the importance of
having clear governance structures in place and to carefully consider
communications to victims.

4. The Met agreed to arrange a meeting with claimants’ legal representatives to
outline the process and seek further feedback.

Report of Advisory Board members’ meeting with the CCRC on 18
June 2024

Advisory Board: Prof. Christopher Hodges (Chair); Lord Arbuthnot; Prof. Richard
Moorhead
CCRC: Miles Trent, John Curtis

Representative from DBT

1. The Board offered their continued support for the work of the CCRC. They
stressed the importance of continuing to review convictions which were not
quashed by legislation, namely court of appeal cases, Capture cases and DWP
cases.

2. The CCRC confirmed they are working with MoJ to confirm which of the CCRC’s
current cases have had their convictions overturned by legislation and which
convictions remain. Work will continue on those remaining cases. In any
remaining CCRC reviews where the Court of Appeal has previously dismissed
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appeals, the CCRC will examine what new evidence or argument has emerged
since the cases were considered by the Court.

. Itwas agreed that the CCRC would consider engaging with legal representatives
on whether to invite new applications to the CCRC by some or all of those with
extant convictions.