POL00113320
POL00113320
Possible Postmaster
Detriment:
Overview for
understanding
8 Oct 21 working draft
POL00113320
POL00113320
Situation - a reminder
+ HSS-only applies to HNG-X period (to 2017) and is a voluntary scheme
* POL is legally liable for any actual detriment, even if a postmaster did not apply to the HSS, because the Cl
found POL had to investigate any unexplained shortfall with it's re/ationa/ contract, and it did not
* POL has a duty of good faith to communicate any known possible detriment to current postmasters, only
+ Suspending postmasters without pay breaches UCTA, thus POL is legally liable for any suspension period
pay for all postmasters (current and former) before March 2019, the date when POL started paying
+ Current available POL data, particularly during the HNG-X period, is insufficient to proactively remediate any
known possible detriment to postmasters.
+ Calculated possible detriments estimated does not mean an actual detriment has occurred. Event specific
information is required to analyse each case to understand if actual detriment did occur
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What is Detriment - 3 lenses
1. Shortfall loss (misrnatched process) - a shortfall in stock or cash in a branch compared with the amount of
stock or cash indicated on Horizon for that branch
+ Shortfalls are investigated for resolution or passed on to the postmaster as a TC. At the end of month the postmaster
must balance the account; if a shortfall is present, they could either
“Repay balance’ - allowed the postmaster to add cash (or a cheque} from their own pocket to balance at month end
2. “Settle centrally" - allowed the postmaster to leave an outstanding balance that requires payment. Linpaid balances will age and
after 60 days become ‘aged balances.” ‘fa postmaster never setties, there is would be no realisable detriment
+ The HSS was set up to manage Shortfall losses, for the HNG-X period
+ This includes both known (e.g., ATM, FX) and unknown shortfalls
+ Possible detriment doesn’t mean actual detriment has occurred - there are legitimate shortfall reasons - and thus we
require specific event data to investigate any possible shortfall detriment
2. Suspension Pay (unpaid) - prior to March 2079, POL suspended Postmaster without pay to undertake further
investigation on certain matters. This is actuai detriment as POL did not pay
3. Back office process (M.E.L.) ~ an internal, automatic Debit/Credit write off policy for a smal! number of low
value, high volume reconciliation discrepancies that did not involve postmasters, nor were they aware. This
is actual detriment when the net amounts (often in pennies) require POL to pay back postmasters
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POL00113320
A possible detriment - 5 examples
Postmaster BOI Show POL issues a
invietmot _,Shortagebutits _, Transaction
ATM fraud not clear itis asa correction
£200, result of Fraud Fore200
POL write ot
‘Aged Balance
* repaid balances, POL policy isto make good from Postmasters own pocket, however it isnot possible to confirmif this activities does occur on every occasion
‘Total Postmaster dettiment £200
ease rn
Tota! Postmaster detriment £200,
No Postraatee
dottensct
No Postmaster
awenert
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Assumptions to estimate possible detriment - MAXIMUM POTENTIAL
General Assumptions
+ _HNG-A starts 1/1/17 yet branches transitioned in 2017 to 2019. For simplicity this defined as FING-A period:
* Total branches reviewed was 14,000+ for the HNG-A period 2017 to 2021 and does include duplicated
branches with changed FAD codes but not Strategic Partners. Estimated de-duplicated total is c.10-11k
+ All branch monthly gains/losses are netted out during the sample period review for a final net estimation
+ Sample data is straight-lined extrapolated by time for the HNG-X period, without regard to other changes
* Compound interest is 3.45% from midpoint of event to 12/21, aligned with HSS calculations
* — Allcalculations are at branch level, not postmasters who may own multiple branches
Specific Assumptions
» For Repaid Balances”, all balances are assumed to be repaid in the month the postmaster indicates
repayment. However, postmasters could roll-over these balances every month, and if so, this would be double
counted
+ For Settled Centrally** and Repaid Balances the HNG-X period is calculated 1999 to 2016 based on HNG-A
extrapolation, and without regard to any changes in type or number of branches
+ ForM.E.L., branch specific write-offs comments to the general ledger were used for the HNG-A period (1/1/17-
25/1/21) and judgements on free form text comments in the GL were used. HNG-X is extrapolated to 2006
+ Mand 5%, productand:branah sI ‘TGs:were used for HNG-A and extrapolated to HNG-X
scfenithhend Sor preduchandibranch apesife: Gee wore used for IING-A and ex
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Shortfall Loss Potential Detriment estimates - MAXIMUM POTENTIAL
[Possible Detriment HNG-A Period [Total £m (MAX) /~ This assumes
\Settle Centrally HNG-A 0.2m Pie Aulenal
Repaid Balance HNG-A [25.im vatyiten
[ATM (explained possible detriment) GGA deinen. This
is not correct
FOREX (explained possibie detriment)
iLess current™* HNG-A un}
jed Balances 44.6m
This is juste
[Possible Detriment HNG-X and before coaigheline
ttle Centrally HNG-X 2am ‘extrapolation of
Repaid Balance HNG-x horn tho £30.2m
IATM (exsiained possible det“ment} i Remember this
‘OREX (explained possible detriment) ‘may have
: supticated
A amounts
eee neces
Less current™* HNG-X unpaid Aged Balances
iLess current** HSS claim estimates:
fOTAL Group 1 detriment
-nauauactatlons erumetes whch ep the ttl HSS ern
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Suspension Actual Detriment estimates - MAXIMUM POTENTIAL
HNG-A,
Postmasters Suspended without Pay Perlod Total £m (MAX)
Current Postmasters
Catt:During the HNG-A Period NGA am
(Catz: HNG-X pe-iod that do not -elate to shertials HINGX 1.2m
Cat3: HNG-X ped retating to shortfalls whee PM Aas nol apolied to HSS HINGX o.6m
Former Postmasters
(Cat: During the HNG-A Period NGA 24m
CatS: HNG-X pend that do nol -elate to shertialls HING.X 25.6m These mount
rod te “shortfalls where PM has ad (OHSS : c assume
we on vet where PM ha a plied HSS Hex 18 eraser
‘Total Suspension Detriment : Zz
[HNG-X period
FING-X
+ From May 199910 March 2019, 3401 po:
£220 of the 340% postmasters have app!
+ OF the 3181 remaining suspended pos
+ 187 current postmasters (assumed as follows: Cat1: 40; Cat2: 88; Cat3: 59}
+ 2994 former pastmasters (assumed as folows: Cat: 218; CatS: 1702; Cat6: 1
asters have been suspended
HSS (7 current, 213 former)
asters who did not eeceive suspension pay, there are:
3}
+ thas bean assumed that 43% of postmaters {current or former) were suspended as a result ofa shortfall (Cat3 and Cat6). This is based on a sample of 543 suspensions
share we have the known and accurate ‘season coda’ data. These postmasters had the abilty to make a claim undar the HSS if this was during the HNG-X period (Cat6},
+ We have a name for a postmaster atthe time of the suspension, but names and trading names may have changed, thus we have assumed categorisation of current
postmaster based on name as of April 2021
nore wa do rict have HNG-A migration date and a suspension was after July 2017, we have assured this is HNG-A period. Given the nearer timeframe the total
lation for HNG-A period is more accurate (258 pastmastars), whereas we have assumed a £ 10k/postmaster suspension pay the HNG-X periods and categanes
cai
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Maintained Error Limit Actual Detriment estimates - MAX POTENTIAL
[Back office Process Period Total £m (MAX)
[Maintained Error Limits in HNG-A HHNG-A
Maintained Ero: Limits in HNG-X (to 2005)
Total Maintained Error Limits Detriment
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POL00113320
Total Possible & Actual Detriment estimates - MAX Summary
Period ‘Total £m (MAX) _ILess Aged Balance’ £m
Possible Shortfall Loss Detriment “ This assumes
HNG-A , * ‘every time a
[HNG-x 5 branch settles
cmuEeiaion 1 I conivally, Ris
SANG R SENGA I am detriment. This
\Actual Suspension Detriment estimates
IHNG-A period Suspension Detriment. HNG-A 3.2m,
‘ (on Detriment es THING SENGAT Is8.an ce
Back office Process Actual Detriment.
Maintained Error Limits in HNG-A HNG-A 0.06m
Maintained Error Limits in HNG-X (to 2006} iNG-X 0.271
IHNG-A Period HNG-A 44m
NG. period FING 2375
POL00113320
POL00113320
Reputational, Brand and Political considerations
* Based on learnings so far, consideration on specific decision factors must be given to minimise reputation,
brand and political risks. Specifically how various groups” will feel or trust us if we do not carefully consider;
+ Transparancy
+ With regard to detail provided about any possible detriment
+ in communicating beyond our duty of good faith to current postmasters only
+ Speed:
+ By which we proactively or reactively communicate possible and actual detriment
+ To reactively resolve submitted claims or proactively resolve actual detriment where POL has sufficient
accurate information to do so
+ Process Ease:
+ With which posimasters can ask questions about possible detriment
+ With which posimasiers submit claims about possible detriment
+ Level of Inclusion:
+ Enabling POL to resolve any remaining legal liabilities for HNG-X period (outside of HSS)
+ Ensuring all postmasters (current and former) are treated equally, given equal legal liability
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POL00113320
POL00113320
Options considered
neiaeianver ean Vnion oxime I Conttm Vibe Orton
1 iPay everything P HING-A& HNG-X All ygam No
2” No Communication to anyone . O° FINGSA & HNGAX ‘Al : Om Ne
3 HNGAOnly i Pp I __HNGA only Al 44m s(No
a) "(Communicate to Current Postnasters oniy i ia HNG-A&HNGX Current only. ‘Unknown"* No
5 {Communicate to all & invite w claim 1 HING-A & HNG-X_ Alt 153m" Yes
Pay Everything assume il issues are detriment and that there was no postmaster exrer, This has been discounted as its impossible to datermine if detriment has
‘occurred for Shortfall Losses and for otha actual detriment the data required for accurate payment is either not robust or does not exist,
No Communication to any postmaster has been discounted as POL. has a duty of good faith to current Pastmasters. Moreover, no communication does nat remove the
legal lability which exists for both current and former Postmasters and would result is reputational damage,
+ HNGA Only has been discounted given the HSS is voluntary and POL would continue a legal labilty for any actual detriment that eccurred in the HNG-K period,
+ Communicate to Current Pastmasters only has been discounted as informing former postmasters could result in reputational damage. Moreover, if and when a former
postmastar did bring « claim, we wourd require additional information to daterenine # detriment occurred and how sruch to pay. Thus needing to create more process:
to current postmasters
+ Communicate te af & invite # claim (Recommended) -Postmasters are the only people who can identty potential past discrepancies and the information needed for
POL to investigate, requiring a postmaster ciaim enables POL to accurately investigate potential datriment expediently. The funding proposition for this option assumes
that for the majority of claims during tha HING-X period, thasa would have been claimed through the HSS. However, assumptions have been matte as ta the Horizon
‘transfer date, the underlying data ard overall averages. Thus the cost estimate has a portion of HNG-X period estimates, given the overall legs! fis
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POL00113320
Inviting Claims - New ‘BAU Process’
+ The recommendation is to make a broad announcement on a webpage accessible by both current and former
Postmasters in relation to these areas of potential detriment which:
+ Notes that POL is reviewing its processes and seeking to resolve all outstanding issues from past practices
+ Explains the detriment issues
+ Notes that Postmasters may have already applied to the HSS in relation to such detriment issues
+ Invites Postmasters to contact POL should they believe they have incurred such losses and have not already applied to.
the HSS.
+ Awebpage allows for any required future updates if any further areas of potential detriment are identified
(instead of continuously writing to the network).
+ Also considered and discounted was not expressly and proactively inviting Postmasters to contact POL in
respect of any potential claim. This option had reputational and brand risks, did not seem like the right thing
to do, aligned with our duty of good faith to current postmasters and does not seek to clear our legal liability.
POL00113320
POL00113320
DRAFT — WORK IN PROGRESS
individual detailed choices and recommendations for ‘BAU Process’
* While we do not have choices on our legal liability, we have choices on how, when, and to whom, we
twansparently communicate possible postmaster detriment and how we resolve any possible detriment claim
Topic Recommendation Other Options Discounted
+ Public website for all current & former postmasters
+ Only contacting current postmasters
ICommunications Clearly signposting HSS was for HNG-X period + Explicit exclusion for HNG-X period
+ Detailed requirements for submitting a ciaim
Email out to current postmasters signposting website
Proactive v. reactive
remediation + Reactively remediate all other possible detriment based on I Sater reas Win ©
I__ claims (and the requested additional information)
Evidentiary + Samelslightly higher bar as HSS, but without generous __I* Same generous leniency as HSS
requirements leniency +__ Significant detail, much higher bar than HSS
Proactively remediate Maintained Error Limits actual
detriment (as post masters cannot make ciaims)
+ Proactively remediate specific smaller possible
detriment areas with current assumptions and without
Claim limitations
+ Include interest, aligned to HSS calculations
+ Exclude consequential loss, bar exceptional circumstances
(like Stamp Scheme)
Exclude interest
‘Same consequential loss as HSS
‘Time limitations
+6 year statue of limitations from date of possibie detriment
publication
Exclude any HNG-X periods (2017 or earlier) for
possible claims (given HSS is voluntary)
Effort to resolve
claims
+ To be calculated, but suggest a de minimis if sufficient
evidence is provided to allow for investigation (e.g., £500)
+ Node minimis
POL00113320
POL00113320
DRAFT —- WORK IN PROGRESS
Draft Webpage Copy - /nitial draft, highlighted area still under review
Resolving past discrepancies
This page contains information for current and former Postmasters about the process for investigating and resolving past discrepancies.
{As part of our continued effort to improve our processes we have identified that there may have been occasions where a discrepancy occurred which may have resulted in
detriment that was outside of your control, and you may have felt at the time that the outcome wasn't fair or reasonable.
We want to ensure that Postmasters can resolve any past Horizon discrepancy and actively invite you to contact us should you feel that you have been treated unfairly
and/or feel we didn't investigate certain discrepancies as thoroughly as we should have. If you feel a past discrepancy wasn't fully investigated at the time, or it you didn’t
notify us about it, you can use this process to raise this with us now.
To help us process and investigate your request you will need to provide comprehensive information about a specific past discrepancy including the reas
discrepancy. Piease ensure that you complete the form fully and supply supporiing evidence and documentation.
nfor the
Disctepancve that din occur on the cuntent HNG-A version ot Horizon ia, previous versions of Hore in usa snes around 2000 det 2017/19 would have bon
Addressed by the Historica! Shona Scheme. For any discrepancies relating fa that pared we would have expected you apply to that scherne
We won't take forward an investigation request if an application has already bean made to either the Historical Shortiall Scheme, or the Stamp Scheme relating to
sama discrepancy, regardless of the status or oixcome of that claim.
‘This is alsa the case if wa have previously teached a full and final settlement with you, via an alternative roure, for example under Network Transformation or as part of
‘Group Ligation Order settioment in December 2019. If this applies ta yau, pease do nat submit an investigation zequst through this process as we will not he able 10
‘take f forward, (these last two sentences may change in relation to outstanding egal advice on what constitutes a Tull and final" offer }
if you didn't appiy to the Histories! Shortfall Schame or Stamp Scheme about a past discrepancy and we have ro! already reached another full and final setiement with
You, you can use this process to raise this with us now for further investigation,
How to submit an investigation request form
‘To help us process and investigate your request as quickly as possinie, please use the online form at [LINK TO FORM] or email your compisted form to
pestdiacrepancies@postoffice co.uk. If you don't have an emai address yoursel, a family membaritiend is welcome to email an your behalf.
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POL00113320
BACKUP
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Funding considerations
+ — POL proposes funding Detriment is drawn from, and subject to the same conditions as, the £320m envelope
granted for the Historical Shortfall Scheme in BEIS’s commitment letter dated 11 March 2021.
* The current HSS estimates are c. £160m, which leaves £160m for the current identified possible detriment.
+ The £320m envelope was approved as a means to pay for the cost of certain liabilities arising from the GLO
+ — In this light there are clear commonalities between the HSS and the possible Detriment liabilities discussed
here - both have arisen as a direct consequence of Fraser J’s findings in the ClJ and the commitments made
by POL in the GLO settlement agreement
+ Funding these liabilities from the same envelope is consistent, as governance and reporting arrangements
have also been agreed which will allow for a more streamlined approval process and faster disbursement of
payments to affected postmasters
POL00113320
POL00113320
DRAFT — WORK IN PROGRESS
Information required to determine possible detriment claims Sufficient for HSS
processing
Information required to process a Horizon claim (ATM, Forex, M.E.L,
unexplained Horizon losses, any other detriment not yet identified):
1. Identity of the postmaster
2. The Branches) in which the detriment occurred
3. The date on which the initial activity occurred that caused the
shortiai
‘The detail on why the Postmaster believes the activity to be
incorrect
5. The value of the toss.
Recommendation
Investigating further requirements with HSF
Information required to process postmaster suspension
claim: Investigating further
Identity of the postmaster requirements with HSF
The Brancijes) trorn which they were suspended
The start date of the suspension
‘The end date of the suspension
The remuneration six month prior to suspension
The reason for the suspension (shortfall / non-
shortfall)
7. The outcome of the suspension (Reinstated /
Terminated)
em ee
Information requested process an 18S Horizon claim:
1. Identity of the postmaster
2. The Branch(es) in which the detriment occurred
3. The date on which the initial activity occurred that caused the
shortfall
4, The detait on why the Postmaster believes the activity to be
incorrect
5, The value of the loss
HSS Currently
Information requested to process postmaster suspension
claim in HSS:
entity of the postmaster
‘The Branch(es} from which they were suspended
The start date of the suspension
‘The end date of the suspension
The remuneration six month prior to suspension
The reason for the suspension (shortfall /non-
shortfall)
7. The outcome of the suspension (Reinstated /
Terminated)
oa hee