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#8
Department for
Business & Trade
Horizon Compensation Advisory Board
Report of fourteenth meeting held on 7 May 2024
Members present: Prof. Christopher Hodges (Chair); Lord Arbuthnot; Prof. Richard
Moorhead, Kevan Jones MP
Also present: Carl Creswell, Rob Brightwell, Charlotte Heyes (all Department for
Business and Trade — “DBT”).
First agenda item only: Ben Archibald (Ministry of Justice - “MoJ”)
1. The Advisory Board met with Minister Hollinrake and Sir Gary Hickinbottom on
22 April. They had discussed implementing greater scrutiny on case
management, reviewing evidential requirements, and other ways to increase the
speed of redress. They also raised concerns about Post Office staff with prior
involvement in Scandal events being involved in compensation and appeals
work.
2. The Advisory Board had also met representatives from the Law Commission
prior to the Board meeting on 7 May to discuss the Commission’s ongoing review
of the appeals system. They discussed ways in which systemic miscarriages of
justice could be addressed in the UK, and access to compensation for victims
affected.
Implementation of the Post Office (Horizon System) Offences Bill
3. MoJ gave an update on the practical steps they are taking to ensure postmasters
whose convictions are quashed by the Bill are returned to the same situation as
they would have been had their conviction been quashed by the Courts. This
included working with various organisations to ensure records are corrected. The
Board emphasised the need to ensure no person was left behind and the need to
ensure the cascade of quashing to all relevant records, such as credit reports, as
far as possible. MoJ confirmed they are working to identify relevant cases which
may be unknown and will also ensure clear communications are issued for
anyone who believes they may have a relevant conviction. They were keen to
minimize burdens on postmasters. Board members offered to sense-check any
draft communications.
4. ModJ agreed for their outline process map to be shared with the group, on the
understanding that it was subject to further refinement and therefore should not
be shared more widely.
5.
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The Board asked for an update on convictions which may have relied on
evidence from Capture, the pre-Horizon system. DBT confirmed they will shortly
appoint an independent investigator to look at these cases, and that they would
await the outcome of that review.
Case Manager Reports
6.
The Board considered the first drafts of the case manager reports for each
scheme. They identified a number of issues regarding pace on which they sought
clarification, in addition to making suggestions for greater standardisation of
reports ahead of publication. DBT confirmed they would pass along the Board’s
feedback for the second round of reports, before publishing. Board members
noted the positive difference that case management could play and commented
that they would like to see it operate in a consistent way across the schemes.
The Board also noted the increased number of applications to the Horizon
Shortfall Scheme and commented on the importance of addressing any delays in
agreeing offers with individuals.
Other Issues
7.
9.
The Board discussed adopting a legal tariff for the Horizon Convictions Redress
Scheme (HCRS) and strongly agreed that DBT should implement one, as it has
for the GLO Scheme. They noted a concern about whether legal representatives
would sufficiently expand their capacity in advance of the implementation of
HCRS given the number of claimants likely to come forward.
. DBT noted the pilot for encouraging claimants’ representatives on the GLO
Scheme to take a proportionate approach to evidence was at an early stage but
proving so far successful, though more cases were to be tested before formally
implementing more widely and developing the arrangement further. Officials
emphasised that unless claimants trusted the scheme they would be reluctant to
sign off lighter-touch claims. Such trust could only be built gradually.
The Board sought clarification on the approach to family member claims. DBT
agreed to update them of the position via correspondence.
10. The Board sought clarification on whether there was a time limit for the upfront
‘fixed sum’ offer of £600k for individuals who have had their conviction
overturned by the courts. DBT confirmed that there is no time limit for a claimant
to accept this offer. However, if an individual chooses the fixed sum offer, there
would not be an option to pursue a full assessment of their claim. Similarly, an
individual choosing to purse the full assessment route would be eligible for £450k
once they have submitted their full claim, but not then be able to take the option
of the ‘fixed sum’. DBT confirmed they had written to all claimant representatives
outlining this.
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11. The Board asked for reassurance from DBT that those who were working on
redress in the Post Office had not played a role in the Horizon scandal. DBT
confirmed they had asked the Post Office this question when setting up the GLO
scheme and they had received reassurance on this point. The Board agreed that
the Chair should write to the Post Office CEO to seek assurances that other
people who had played a role in the scandal were not still involved in redress or
appeals in any way.