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Quarterly Review: Horizon Shortfall Scheme and Overturned Convictions
7 March 2024
Attendees
Department for Post Office Ltd UK Government
Business and Trade Investments
Carl Creswell (CC) Simon Recaldin Lara Olasebikan Lorna Gratton
Beth White (BW) (SR) Madeleine De Matteis
Charlotte Heyes Neil McDaid (NM) Matthew Nelson Hilton
Amanda Mcmenamin I Catherine Connolly I Nicola Munden (NMu)
Emily Snow (CCo) Richard Paddington
Ciara Lawrence David Firth (DF) Paul Murray
Harry Fallowfield (HF) I Evelyn Hocking Steve Barlow
Paul Harding George Day Pamela Heap (PH)
Jamie Tebbutt
Overturned Convictions
Item 1 — Bill Update
CC introduced Charlotte Heyes and Amanda Mcmenamin, who are working on the
implementation of the Bill. CC provided an update on the timing of the Bill, where final
drafting is being finalised. Most policy positions are now settled and set out in the Written
Ministerial Statement by Minister Hollinrake. There is continuing discussion around how
quickly the Bill will go through Parliament.
CC updated that Capture is not on the face of the Bill and conversations are ongoing
regarding whether Capture issues are dealt with via Detriment. CC updated on the meeting
with Kevan Jones MP and confirmed conversations with MoJ/CCRC are ongoing in order to
determine whether Capture appeals can be grouped.
CC noted the Business and Trade Committee report pointed towards amendments for
legislative timelines and that Ministers will need to formally respond to the report within 2
months. SR commented that the recommendations in the report are reasonable and mostly
enacted (bar the publication of bandings). SR said it is likely Nick Read will write to factually
update the Committee and CC said it would be useful to be joined up on factual updates.
CC noted that the Advisory Board’s minutes had said legislative deadlines would not be
useful.
CC and SR both reflected on disconnect between funding available vs number of claimants
who have come forward to claim, and agreed the need for POL and DBT to process claims
as quickly as possible.
Item 2 — next quarter’s priorities
Appeals
DF provided an update on criminal appeals. There has been a significant uplift in potential
future appellants enquiries about appeals following the ITV drama. A number of enquiries
relate to the pre-Horizon period (as far back as 1970s). POL is responding to enquiries to
advise that postmasters can appeal if they wish and where appropriate adding wording that
the legislation is upcoming but it is up to Parliament whether the legislation will apply to
their conviction.
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There has also been a marked increased in number of disclosure requests and appeals in
progress.
DF updated that where POL would be required to oppose an appeal (following previous
court judgments), POL is seeking to adjourn the cases with claimant representative
agreement, given the legislation.
SR asked when the convictions would be quashed by legislation. CC confirmed it would be
on commencement, with administrative processes to follow. CC raised the issue of POL
disclosures for this cohort. SR commented it would be useful to know whether disclosure is.
Redress delivery
NM provided an update on delivery of redress, noting c.£20m of the £39m paid out is in
fixed sum awards. 4 requests for the £450k top-ups have been submitted. POL continues
to progress submitted claims as quickly as possible.
Item 3- AOB
CC updated from his meeting with Neil Hudgell, which discussed the low number of claims
coming forward. Sir Gary Hickinbottom has reported that it may be due to claimants’ ability
to engage with the claim submission process. SR commented that the Advisory Board's
minute on the delivery of OC (courts cohort) may be having an impact and the position
needs to be clarified. CC said we would need to respond to the Select Committee report
and consider how it will impact the ability to deliver redress swiftly. CC thanked the POL
team for the continued work.
Horizon Shortfall Scheme
Item 1 - Late Applications
CCo outlined that Post Office had received 1,208 late applications as of 5 March with new
claims coming in daily. 525 eligibility checks have been completed with around 12% of
claims being ineligible, which is similar to the overall scheme eligibility rate.
POL are working to update the provision to reflect the uptick in claims and the expected
forecast going forward. This will be shared with DBT when completed. It remains difficult to
estimate how many further late applications will come in so there will be a high degree of
uncertainty around the forecasts.
Item 2 - Dispute Resolution
In terms of accelerating DRP cases, PH informed the meeting that they have sent a paper
to the Remediation Committee (RC) with a handful of new initiatives. This includes options
to streamline the process where possible and simplify the post-offer principles to improve
flexibility and help to settle claims more quickly. There would also be a commitment to
reduce the target from 120 days to 58 days for DRP cases. This would necessarily involve
the introduction of timelines for claimants and their representatives to respond at different
stages. These proposals are expected to be shared with DBT for approval in the coming
weeks.
Item 3 - AOB (HSS Fixed Sum of £75,000)
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A discussion was held regarding the prospective £75k lump sum announcement and the
associated top up offer. POL requested more details on who will be eligible and what the
precise criteria are for claiming. CCo explained that POL are expecting lots of queries. HF
indicated that DBT would work closely with POL on the implementation to ensure that
outstanding questions can be worked through and that the process could be rolled out
smoothly following the announcement.
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