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® Information Rights Team
Post Office Limited
1* Floor
Finsbury Dials
20 Finsbury Street
London EC2Y 9AQ
Our reference : FOI201505191153
Mr Matthew Bardo
17 June 2015 -
Dear Mr Bardo,
Freedom of Information Request - FOI201505191153
I am writing in response to your email received by Post Office Limited (Post Office) on 19 May
2015, which I am dealing with under the terms of the Freedom of Information Act 2000 (FOIA).
In your email, you have requested information in two parts:
1. Board papers for all board meetings in the last three years. By board papers I mean the
agenda, supporting papers and minutes of the meeting. This information should be
“readily available” according to the ICO guidance accessible through the link above.
However, if documents are not available for every meeting, please provide papers for
those meetings for which documents are held.
Whilst we do hold the information you have requested, the Post Office considers that the
information you have requested engages Section 43 (2) of the Act concerning likely prejudice to
Commercial Interests, which I explain at the end of this letter.
However, I am assuming this request might relate to the subject we recently met to discuss — the
investigations that have been carried out over the past few years into 150 complaints concerning
the Horizon computer system. As I outlined at that meeting we remain very willing to answer all
the questions we are able to without breaching the confidentiality of the people involved.
Therefore if you have more specific questions about the matter, please put them to us and we
will address them as fully as we can.
The second part of your request was:
2. The number of cases in the financial year 2014/15 where prosecution processes were
commenced by Post Office Limited against subpostmasters. This information is thought to
be readily available to the Information Rights Team since it has previously been disclosed
for financial years 2009/10 — 2013/14.
3. The number of convictions of subpostmasters made following a successful prosecution
process by the Post Office Limited for the financial year 2014/15. This information is
thought to be readily available to the Information Rights Team since it has previously been
disclosed for financial years 2009/10 — 2013/14.
Post Office Limited is registered in England and Wales. Registered No. 2154540. .
Registered Office Finsbury Dials, 20 Finsbury Street, London. EC2Y 9AQ PostOffice.co.uk
Post Office and the Post Office logo are registered trade marks of Post Office Limited
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I hope it is helpful if I provide some context. As we discussed at our meeting, people are not
prosecuted for making mistakes. Prosecutions are only undertaken after numerous checks and
balances, including adherence to the Code for Crown Prosecutors, which requires prosecutors to
be satisfied that there is both sufficient evidence for a realistic prospect of conviction and that the
prosecution is in the public interest. The Code is issued by the Director of Public Prosecutions and
followed by Crown Prosecutors.
As you know, following complaints made about the Horizon computer system, we instigated an
independent inquiry and, subsequently, established a mediation scheme to investigate 150
individual complaints.
We have always been, and remain, confident in a system used by nearly 500,000 people since it
was introduced, which processes six million transactions a day and which is subject to
independent audits and industry accreditations. The independent inquiry provided further
assurance about the system - the subsequent establishment of the mediation scheme was a
result of our determination to provide an avenue for people to put any individual concerns
directly to us.
Notwithstanding our confidence in Horizon, as a responsible business it was entirely appropriate
that we investigate allegations concerning its integrity. At the same time, we reviewed the
support processes and structures provided to postmasters. The information you have asked for is
therefore provided in that context and in the 2014/2015 financial year there was one prosecution
resulting in two people being convicted.
Ihave set out below the exemptions under the Freedom of Information Act that the Post Office
considers apply to the first part of your request but again, underline my willingness to provide
information and answer specific questions that you have as far as we are able about this matter,
which I hope was demonstrated by our recent meeting.
Commercial Interests
Post Office considers that disclosure of Post Office Board Papers would be likely to prejudice the
commercial interests of Post Office. An example of how Post Office’s commercial interests could
be prejudiced by the disclosure of this sensitive information is how third parties could react to the
availability of the information. Third parties could use the information to inform financial and
business performance information, operational, strategic, future investments and procurement,
affecting Post Office’s ability to self monitor and compete fairly in the market place. The Post
Office is an organisation that derives the vast majority of its revenues — over £950m — from
commercial activity in competitive markets.
Public Interest
As information has been exempted under Section 43 (2) of the act, a public interest test applies.
This involves weighing the balance of public interest in maintaining the exemption or releasing
the information. Post Office understands that there is public interest in promoting the
transparency and understanding of matters which are of interest to the public. Post Office
considers that, with regard to the information that has been withheld from disclosure, the public
interest is best served by maintaining the exemption in respect of the information requested.
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I hope this response is helpful but if you are dissatisfied, you do have a right, under the Freedom
of Information Act, to request an internal review. You can do this by writing to the address below
stating your reasons for your internal review request:
Information Rights Manager
Information Rights Team
Post Office Limited
1° Floor
Finsbury Dials
20 Finsbury Street
London
EC2Y 9AQ
If, having requested an internal review by Post Office, you are still not satisfied with our response
you also have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 SAF
Telephone}
Yours sincerely
Mark Davies
Communications and Corporate Affairs Director