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Working Group for the Initial Complaint Review and Mediation Scheme
Key points and actions from meeting 11am 25 October 2013
Present:
Sir Anthony Hooper (SAH) Chair
Alan Bates (AB) JFSA
Kay Linnell (KL)JFSA
lan Henderson (IH) Second Sight
Ron Warmington (RW) Second Sight
Chris Aujard (CA) Post Office
Andy Parsons (AP) Bond Dickinson
Angela Van Den Bogerd (AVDB) Post Office
Andy Holt (AH) Post Office
Belinda Crowe (BC) Post Office
1. Minutes of meetings. The Working Group agreed:
a. A note of meetings to be taken to record decisions and actions.
b. Minutes, approved by the Chair, to be circulated promptly after each meeting.
Action: BC to send draft minutes to SAH for approval by Monday.
2. Reviewofnewapplications. The Working Group agreed:
Applications to be discussed on an exceptions only basis.
Action: RW to add case numbers to papers before circulating to the Group.
3. NewApplications. The Working Group agreed:
a. Applications M054, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65 to be accepted onto the
Scheme subject to Post Office legal checks.
Action: AP to complete checks with PO Legal within 7 days.
b. M061 (an application from the estate of a deceased subpostmaster). Application
accepted, subject to Post Office legal checks, conditional on proof that the
applicant is entitled to act on behalf of the deceased.
Action: AP to draft a suitably adjusted SL01 letter.
4. Matters arising from existing applications. The Working Group agreed:
a. The implications of on-going legal action in relation to applications to be
considered on a case by case basis.
Actions:
i. AP to bring details of Post Office policy on managing civil and criminal
proceedings alongside the Scheme to the next meeting.
ii. I AHto adda column to the spreadsheet to show civil action in progress.
iii. I AP to update monthly on progress of cases subject to legal action.
b. M050 - The Working Group noted this application has been accepted onto the
Scheme but that Post Office is proceeding with civil action.
c. M025 (subject to an ongoing criminal investigation as per AP’s email of 24
October). The Working group agreed that:
i The application is accepted onto the scheme but paused pending
completion of the investigation.
ii. The applicant is to be asked not to submit further information at this stage
and told that any information he does submit will not be considered.
Actions: AP to draft a letter to the applicant for SAH to approve.
d.
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M037 - the internal Post Office investigation processes have not been
completed.
Action: AVDB to provide an update by 14 November.
e.
M047 — The applicant, an existing subpostmaster, has not previously raised the
issues in his application with Post Office. The Working Group agreed that:
i. Post Office writes to the applicant requesting further information to enable
it to investigate the complaint. Action AVDB.
ii. Second Sight notifies the applicant that the application is not eligible
because the complaint has not previously been raised with Post Office.
Action RW.
Disclosure: AP confirmed that the Post Office prosecution team was applying
disclosure rules where a case is or has been subject to criminal proceedings.
He was invited to remind the Post Office prosecution team that Second Sight
may have information which may be relevant to M025. The Working Group
agreed that Second Sight may consider whether to make disclosure to Post
Office or subpostmasters (bearing in mind any duty of confidentiality).
JFSA support for applicants. The Working Group agreed that in the event that
JFSA provides assistance to an applicant in exceptional circumstance it will
declare that when the application is considered for approval onto the Scheme.
Process and timings for funding applications and full submissions: The
Working Group agreed the following changes to the previously agreed timings:
a. An applicant must submit his application for funding within two weeks of
receipt of the notification of acceptance onto the Scheme.
b. The applicant must submit the full submission within four weeks of receipt
of the funding approval.
The Working Group noted the potential for a two week delay but considered it
necessary for applicants and professional advisors have a full four weeks to
prepare the case questionnaire.
Completed case questionnaires. The Working Group agreed:
a. M02 — Submission incomplete. It does not include relevant documents and
has not been completed by a professional advisor although funding has
been approved. Applicant to be advised and invited to submit a complete
questionnaire within four weeks of the date of receipt of the funding
approval. Action: RW.
b. M014 —Submission accepted. Post Office to investigate and submit a
report to Second Sight as soon as possible, and no later than four weeks
from today. Thereafter Second Sight to submit a report to the Working
Group as soon as possible, and no later than four weeks from the date of
receipt of the Post Office investigation.
c. The arrangements set out in b. should generally be the arrangements for
future cases.
Preparation for mediation. The Working Group agreed:
a. The appointment and ToRs of CEDR to be confirmed, to ensure a
mediation hearing will take place within 4 weeks of mediation being
approved. Action AP.
b. CEDR to be provided with a Glossary of Terms. Action AVDB.
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c. Should a case not be approved for mediation, the Chair will provide written
reasons to be provided to the applicant along with a copy of the Second
Sight report.
10. Terms of Reference: To be discussed at the next full meeting.
Action AP to circulate draft Terms of Reference in advance of the next meeting.
11. Voting Rights: The Working Group agreed that if it cannot reach a decision
unanimously, there will be a vote. JFSA and Post Office shall each have one
vote and the Chair shall have the casting vote. Second Sight’s role is that of
expert advisor to the Working Group.
12. Data protection and Confidentiality.
Action: AP to provide a note confirming data protection and confidentiality
arrangements to apply to the information contained in the applications.
13. NextMeetings: The Working Group agreed:
a. Case Review calls to continue weekly: -next call 1pm Thursday 31
October.
b. To hold a full meetings in person every fourth week — next meeting 11am
22 November.
Action: AP to email members to confirm arrangements for Thursday's
conference call and the next full meeting.