Postmasters treated 'appallingly', says minister

Key Concepts

• Capture Victims: Individuals who were wrongly accused and prosecuted based on faulty evidence, specifically in the context of the Post Office scandal.
• Horizon Shortfall Scheme: A previous compensation scheme for Post Office subpostmasters affected by the Horizon IT system scandal.
• Redress: Compensation or remedy for a wrong or injury.
• CCRC (Criminal Cases Review Commission): An independent body that reviews potential miscarriages of justice in England, Wales, and Northern Ireland.
• Court of Appeal: A court that hears appeals from lower courts.
• Uncapped Figure: A financial allocation with no upper limit.

New Compensation Scheme for Capture Victims

This discussion centers on the launch of a new compensation scheme, marking the first official recognition and a tangible form of justice for "capture victims" who have waited for three decades. While a positive step, it also highlights the prolonged suffering endured by these individuals. The scheme is presented as a response to lessons learned from previous compensation efforts, aiming for greater efficiency and fairness.

Addressing Trust and Delays

• Low Trust in the State: Subpostmasters are acknowledged to have low levels of trust in the state due to past mistreatment.
• Learning from Past Schemes: The new scheme aims to rectify shortcomings of previous compensation programs by:
  • Collecting more evidence from the outset to expedite the process.
  • Giving subpostmasters the "benefit of the doubt" throughout.
  • Treating claimants with more dignity and urgency.

Timelines and Urgency

• Phased Launch: The scheme is launching with an initial focus on 150 cases to review and learn from before proceeding with others.
• Speedy Redress: The primary aim is to provide redress as quickly as possible, acknowledging that many victims are elderly and in poor health.
• Challenging Cases: The process is challenging due to the passage of time and potential lack of evidence.
• Hope for Months, Not Years: While not guaranteed, the aspiration is for claims to be resolved within months rather than years.

Discretion and Exceptional Cases

• Vulnerable Claimants: Concerns are raised about individuals like Ken Tuby, who are unwell, and the potential for redress to come too late.
• First Come, First Served: The scheme operates on a "first come, first served" basis, urging those in urgent situations to submit applications promptly.
• Exceptional Case Bracket:
  • Compensation ranges from £10,000 to £300,000.
  • An "exceptional case bracket" allows for compensation exceeding £300,000 if a compelling case for losses above this figure is made to the independent decision-makers.

Compensation Figures and Rationale

• Basis for Banding: The £10,000 to £300,000 banding is derived from the experience and average losses observed in the Horizon Shortfall Scheme.
• Addressing Wider Impact: The scheme allows claimants to articulate the broader impact of the scandal on their lives beyond financial losses.
• Anger over "Exception" and Banding: There is expressed anger from victims regarding the use of the word "exception" and the banding system, with a feeling that such cases might be more common than implied.
• Justification for Banding: The banding is explained as a pragmatic approach for very old cases where evidence may be scarce, aiming for a quick and fair distribution of funds.
• Review of Initial Phase: The first phase of cases will be reviewed to ensure the scheme accurately reflects individual experiences and losses.

Appeals and Parity with Horizon Schemes

• Limited Appeals: A concern is raised about the perceived single appeal opportunity, with victims desiring more.
• Streamlined Process: To avoid the retraumatization of prolonged processes seen in other schemes, this scheme aims to collect detailed information early on.
• Appeal Opportunities: Claimants will have the ability to appeal:
  • If refused eligibility at the beginning.
  • If they believe a mistake was made or there was a problem with the process at the end.

Overturned Convictions and Future Schemes

• Ineligibility for Some: A "strange scenario" is highlighted where individuals potentially most wronged in this part of the scandal are not eligible for existing redress schemes if their convictions have not been overturned.
• CCRC and Court of Appeal: Cases from "capture" are undergoing review by the CCRC, with one proceeding to the Court of Appeal.
• Full Redress for Overturned Convictions: Assurances are given that if convictions are overturned, full redress will be provided, similar to other conviction cases.
• Decision on Separate Scheme: A decision on whether a separate scheme will be needed will be made based on the outcomes of the Court of Appeal and CCRC cases.

Funding and Financial Allocation

• Treasury Allocation: The Treasury has allocated funds for this part of the scandal.
• Uncapped Figure: Crucially, the allocated funds are an "uncapped figure," meaning there is no ceiling on the total compensation that can be paid.