Working Group for the Initial Complaint Review and Case Mediation Scheme
Minute of the Working Group Call 17 July 2014
Attendees
Sir Anthony Hooper (Chair)
Alan Bates (JFSA)
Kay Linnell (JFSA)
lan Henderson (Second Sight)
Ron Warmington (Second Sight)
Chris Holyoak (Second Sight)
Belinda Crowe (Post Office)
Chris Aujard (Post Office)
David Oliver (Post Office)
Andy Parsons (Bond Dickinson)
Apologies
Angela Van Den Bogerd (Post Office)
Agenda
WG discussions
1. Sending applicants the Post Office investigation report
2. Chair's mediation test
3. Notifying M054
4. MO76
Standing agenda items
5. Status of accepted applications awaiting a Case Questionnaire Response
6. New Questionnaire Responses
7. Priority cases
8. Bankruptcy cases
9. Post Office Investigation Progress
10. Cases with Second Sight to review PO investigation reports
11. Cases that Second Sight have reported on
12. Any other queries raised by Applicants / Advisors
13. Issues with resourcing / timings
14. AOB
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WG discussions
1. Sending applicants the Post Office investigation report
The Working Group discussed whether to provide the applicant with the PO investigation report at
the time it is passed to SS (a suggestion raised at the previous face to face meeting which PO had
agreed to consider). This would allow the applicants/ advisors more time to consider it and be
better placed to comment on SS’s draft CRR within the 7 day deadline. The Working Group agreed
that the PO investigation report should be issued to applicants subject to rigorous safeguards aimed
at preventing both disclosure of the information contained in the report and applicants/advisors
seeking to influence SS’s draft CRR by engaging in discussions with SS prior to its completion. To
this end the Working Group agreed that the PO investigation reports should be issued to the
applicant/advisor with a covering letter from the Chair which makes the following points:
» The content of the PO reports are confidential
>» No attempt should be made to contact SS about the investigation report before they
release their draft CRR, and any such contact will be will be ignored.
» Due to the early release of the Post Office investigation report, the current 7 day limit for
responses to draft CRRs will be rigorously enforced.
>» There will be no entitlement to fees or disbursements for work conducted by advisors on
behalf of their applicants between the release of the Post Office investigation report and
the release of the draft CRR.
>» SS’s expected delivery date for the draft CRR will be referenced.
ACTION: All Post Office investigation reports — and associated evidence — currently on
Huddle to be sent to applicant — with covering letter from the Chair. DO to draft a letter for
SAH and the WG to consider.
2. Chair’s mediation test
The Working Group again discussed whether to change the Chair's mediation test from one which
determines if there is a reasonable prospect of resolution to one to one that determines whether
mediation is an appropriate way of offering the applicant their “day in Court”. In discussion the
following issues were considered:
« Whether mediation was the only method by which applicants would be able to resolve their
dispute in line with the Scheme’s original purpose
e Whether there was an expectation from applicants that their cases would be mediated so
that they could have their “day in Court’.
e Whether the current test remained the most appropriate.
« Whether mediation was a sensible course of action if there was not a reasonable likelihood
of resolving differences.
* Whether it had ever been the intention of the Scheme to mediate all cases.
As the Working Group did not reach an agreed position the Chair asked JFSA to put forward a
submission by COP Tuesday 22 July setting out why they believed the Chair's test should change.
The PO would then have two days to respond to this submission (by COP Thursday 24 July. JFSA
would have an opportunity to make a further submission in response to the PO's submission by
COP on 25 July. The Chair would then consider the submissions and come to a decision.
ACTION: Both parties to make submissions in accordance with the deadlines agreed by the
WG.
3. Notifying M054
The Working Group agreed to defer a decision on notifying M054 until a decision has been made on
the Chair's mediation test.
4. M076
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The Working Group agreed to defer a decision on whether M076 should be mediated until a
decision has been made on the Chair's mediation test.
5. Status of accepted applications awaiting a Case Questionnaire Response
Number of I Number of A
Advisor I cases with I CQRs Status honking Group
Advisor overdue
Letter from Chair sent 20
June to set final deadlines
Aver 16 ° — letter acknowledged by NIA
Bill Cleghorn.
M055, M084, M129 due _I Extensions granted. SAH
11 July. to send letter confirming
Howe & 3 7 +080, M085, M88, the extensions Oe
Co M096 due 15 July. communicating that
No ext Sf these are final deadlines
< No ex! sd to dk pied ‘SI (similar to the recent
received to date letter to Robert Holland.)
James CQR deadline is 31
Cowper u 0 August 2014. las
ACTION: Chair to write to Howe & Co confirming final deadlines.
6. New Case Questionnaire Responses
Case
No.
Status
M010 Accepted by WG — deadline is 16 October.*
M105 Accepted by WG — deadline is 2 October.*
M113 Accepted by WG — deadline is 25 September.*
*Please note, timelines submitted by AVDB by email on Huddle on the 18 July.
« Alltimelines submitted by AVDB by email for those cases accepted on 10 July were approved.
ACTION: Secretariat to update records with agreed timelines.
7. Priority cases
Case No. I Status
SS draft report completed 30 June, deadline for comments 25 July. Final CRR
Mo06
from SS due 1 August.
M073 CQR accepted by WG 26 June. Investigation on-going. PO Report due 24 July.
AVDB to update if changed.
M143 PO Report passed to SS on 5 June. Original planned scheduled delivery date for
the CRR was 11 July. SS revised delivery date 18 July (see agenda item 6).
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¢ The WG agreed to prioritise M052 at the applicant's request.
ACTION: Secretariat to amend agenda and records ahead of next WG call on 24 July.
8. Bankruptcy cases
Case No. I Status
Moot PO report passed to SS on 30 May. Original scheduled delivery date for the
CRR 11 July. SS revised scheduled delivery date 18 July (item 6).
PO report passed to Second Sight 9 May. Original scheduled delivery date for
CRR 8 August. SS revised scheduled delivery date 25" July (item 6).
Mo19 PO report passed to SS on 8 May. Original scheduled delivery date for CRR
was 18 July. SS revised scheduled delivery date 1 August (item 6).
PO report passed to SS on 12 May. Original scheduled delivery date for CRR
11 July. SS revised scheduled delivery date 18 July (item 6).
PO report passed to SS on 15 April. Original scheduled delivery date for the
CRR 18 July. SS revised scheduled delivery date of 25 July (item 6).
M015,
M029
M030
M032 PO investigation on-going, report due on 7 August.
M036 PO investigation on-going, report due 7 August.
CQR accepted by the WG on 10 July. Post Office investigation on-going. AVDB
Moga to provide expected date.
M081 CQR deadline 31 July. Applicant represented by Aver.
M089. PO investigation on-going, report due 21 August.
M100 PO investigation on-going, report due 23 July.
M118 PO investigation on-going, report due 7 August.
M122 PO investigation on-going, report due 23 July.
M128 CQR deadline 31 July. Applicant represented by Aver.
M150 CQR deadline 31 July. Applicant represented by Aver.
e KL informed the Working Group that some of the applicants would have problems with assignment
where PO is the sole creditor and asked if PO would consider supporting the assignment.
ACTION: KL to provide detail of her proposal to AP to consider.
9. Post Office Investigation Progress
Case No. I Status Working Group Decision
Investigation on-going. Extension ‘
Mo68 (not 1st) to 14 August required. Extension granted to 14 August.
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Case No.
Status
Working Group Decision
M087
Investigation complete. Finalising
report. Extension (not 1“) to 14”
August required.
Extension granted to 14 August.
M049
Investigation complete. Finalising
report. Extension (not 1“) to 14”
August required.
Extension granted to 14 August.
M109
Investigation on-going. Extension
(not 1°) to 14 August required.
Extension granted to 14 August.
e PO confirmed that M005, M013 and M042 had been uploaded to Huddle on 16 July.
10. Cases with Second Sight to review PO investigation reports
SS has submitted a revised schedule for Draft CRRs following recent guidance from the Working
Group that — apart from priority cases — all other cases should be scheduled on a first in — first out
basis.
SS have interpreted this as being the date of receipt — by SS — of an initial or amended / final CQR
— depending on which came later.
Note: does not include all cases passed to SS uploaded to Huddle on 16 July.
No Date passedtoSS — cinerydate delivery date
Mo01 30 May 11 July 18 July
Moo2 30 April 11 July 18 July
Moo3 8 July 22 August 1 August
M007 24 April 1 August 29 August
M009 30 April 25 July 25 July
M011 23 May 8 August 25 July
M014 30 April 25 July 25 July
M015. 9 May 8 August 25 July
M017 42 May 8 August 22 August
M018 27 May 15 August 15 August
M019 8 May 18 July 4 August
M021 8 May 1 August 15 August
M029 42 May 25 July 15 August
M030 15 April 18 July 25 July
M035 14 May 15 August 8 August
M039 10 June 25 July 1 August
M045 9 July 6 August 29 August
M052 8 May 1 August 25 July
M053 19 May 15 August 22 August
MO66 4 July 29 July 8 August
Mo72 27 May 8 August 22 August
M079 10 June 15 August 8 August
M126 6 June 18 July 29 August
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M143 5 June 11 July 18 July
e SS confirmed that the draft CRR for M001 had been uploaded to Huddle shortly before the call —
and that M002 will be uploaded on 18 July.
e SS explained that they had been through a period of adjustment and learning and that this had
resulted in some delays in their production of reports. The Working Group asked SS to review their
output of 3 reports a week in light of their understanding and experience over the last few weeks
and provide a paper for the Working Group on 24 July with a forecast for when the they anticipate
having completed all cases in the Scheme.
e The Working Group approved all SS’s revised delivery dates.
ACTION: SS to report back to the Working Group on 24 July with an estimate of productivity
and when they expect to have completed the reports on all cases in the Scheme.
ACTION: Secretariat to add item on SS’s production to the agenda for the WG call on 24 July.
« SS confirmed that their Part Two report will be put to the Working Group by 27 July.
¢ SS explained that apart from M028, the case reports they are currently working on all refer — or will
refer — to their Part Two report.
¢ The Working Group noted that apart from M028 no cases are likely to be mediated until Part Two is
completed and has been considered by the Working Group.
11. Cases that Second Sight have reported on
Case ss Draft Deadline for SS Final Report WG Sent to
No. nep comments completed/due Decision I CEDR
issued
Not
M054 29 May 6 June 11 June mediate N/A
M048 6 June 17 June 20 June Mediate 30 June
To be
Mo76 6 June 17 June 20 June discussed I -
17 July
M028 13 June 24 June 41 July Mediate 15 July
M062 20 June 22 July 1 August - -
Moo6 30 June 25 July 1 August - -
nd
M057 I 4 July reves to.22" I + august - -
e The PO confirmed that M127 and M022 had been mediated. Because of the wording of the
mediation agreement the parties are unable to say at this stage whether a case has been resolved.
PO is working with CEDR to amend the agreement for the future.
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ACTION: AP to arrange for the confidentiality agreement to be modified and to follow up with
cases M022 and M127.
12. Any other queries raised by Applicants / Advisors
N/A
13. Issues with resourcing / timings
NIA
14. AOB
e¢ Working Group decision on length of mediation — Working Group agreed that all mediations are
to be scheduled for a full day of mediation. If PO, SS or JFSA consider that a half day would be
more appropriate on a case-by-case basis, this will be brought to the Working Group for
consideration.