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NFSP00001476
The voice of the
UK's post offices
13 November 2024
Dear Carl
Subject: HSS Appeals Process
Firstly, thank you for enabling the NFSP to feed into Horizon Shortfall Scheme appeals
process. We are grateful that Government are looking at such a process as it has become
clear that many were unaware of the full aspect of what could be claimed for.
In your letter to the NFSP on the 22nd of October 2024, you highlight three areas that
Government are looking at in relation to the appeals process. These are:
* Provide full and fair redress
. Deliver outcomes quickly and efficiently
. Be transparent and straightforward to engage with.
The NFSP will aim to provide feedback in relation to each of these areas below.
Provide full and fair redress
The Post Office Horizon IT Inquiry First Interim Report: Compensation 17 July 2023 page
60 states, “Howe & Co who act for 10 individuals pursuing claims for compensation within
the HSS...they have repeatedly asserted that HSS has been operated so as to cause
undue delay with consequent significant and unwarranted anxiety for their clients.” There
are similar suggestions from both Hudgell’s and HJA who also act for claimants in respect
of the scheme. It is therefore important that the HSS has the ability to enable full and fair
redress.
We are also aware in some cases those who have been declared bankrupt or entered
company voluntary agreements (CVA) that their debtors, even if these debts have
subsequently been cleared, are provided with payments in any subsequent claim before
the claimant receives any redress from what they have experienced.
National Federation of SubPostmasters, Evelyn House, 22 Windlesham Gardens, Shoreham-by-Sea, West Sussex, BN43 SAZ
A company limite ee and registered in England « Registered company number: 9771284
Tett “ke website: www.nfsp.org.uk
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With that in mind the NFSP suggests the following:
. The lower limit for de minimis is raised to reduce the number of cases that come
through to appeal
. That the selection criteria for the Panel be revised to enable initial offers to be more in
line with the actual claim to reduce the number of claims returning via the appeals
process
. Reasonable costs in submitting a claim are provided from the outset. This could be for
¢ — Forensic accountant
° Legal advice so that heads of loss are included from the beginning
e¢ Medical report being assessed and provided
. The ability for any claims to include the clearing of any bankruptcy or CVA before any
redress is added to the claim
Deliver outcomes quickly and efficiently
The Post Office Horizon IT Inquiry First Interim Report: Compensation 17 July 2023 states
on page 44, “it is of concern to me that apparently, a significant number of complex cases
remain to be resolved between 30 months and three years after they were first submitted to
the Post Office.” This would show that greater consideration to delivering outcomes quickly
and efficiently within the HSS needs to be a provided.
Indeed, in dealing with our colleagues who are involved in the schemes, for some, speed of
outcomes, has been an issue.
Therefore, the NFSP would recommend improvements to the following:
. Greater resources be put in place in terms of the Panel so that they can handle more
than the recorded 5-10 cases per week
. Claimants being provided access to more forensic accountants
. Less complexity around medical reports
. Introduce a Service Level Agreement (SLA) ensuring that any appeals case is dealt
within a specified time period.
Be transparent and straightforward to engage with
This is an area the NFSP hears repeatedly from claimants to the HSS. We are also
concerned that despite the judgements of Fraser LJ and the work of the Inquiry over the
last three and half years, the question of the HSS being transparent and straightforward to
engage with is being asked. As an example, in one case, we heard of a claimant being
written to in relation to their claim, with a request for 107 additional questions.
Claimants also highlight that despite the time it can take to provide evidence or complete
the application of their claim, the initial offer does not appear to bear any resemblance to
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what they have actually claimed. This results in additional stress and frustration to the
claimant.
To help with improvements within this area, the NFSP suggests the following:
. Devise a digital case management system that a claimant can access. This will detail all
information that has or is required to be submitted by the claimant and a timeframe of
when their cases will be dealt with
. Appoint a case file manager to liaise with the claimants and their representatives so that
any aspect of the submission of their claim can be discussed.
. Clear explanation of why a decision has been made at all stages of the claim. This will
enable the claimant or their representatives to understand why a decision has been
made.
. Easier and quicker access to mediation so that issues can be resolved more fairly and
promptly
For the HSS, the minimum payment of £75,000 has been announced. However, if someone
appeals this minimum offer, then they could end up with less, which could be argued is
persuading applicants not to appeal. The NFSP suggests further options below:
. For any claim above £75,000, irrespective of the decision by the Panel, the £75,000
should be provided and the ability to appeal the difference can be examined through
any appeals process.
. The NFSP does not believe that husbands, wives or business partners etc who have a
financial interest in the business should be treated as third parties and therefore
excluded from any consideration of an offer.
It is disappointing to hear the witness statement of Kemi Badenoch on Monday the 11th of
November, when she blamed the slow process of providing redress for victims in part on
what she called the “government machine”. The NFSP is concerned that it is now more
than five years since Fraser LJ’s Common Issues ruling, yet those who have experienced
financial detriment are still awaiting redress. In this, the NFSP provides the above by way
of helping speed up redress by encouraging that greater resources are provided to the
HSS to prevent too many cases requiring appeal.
Yours,
Yours sincerely,
Calum Greenhow, CEO NFSP
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