The Bench Report

Horizon Scandal Redress: Government Response Under Scrutiny

The Bench Report UK Season 1 Episode 11

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0:00 | 14:02

This episode delves into the latest developments in the Post Office Horizon scandal redress process, examining the Government's response to the Business and Trade Committee's critical report. We unpack the key recommendations made by the Committee and analyse which have been accepted, partially accepted, or rejected by the Department for Business and Trade.

Over 4,000 claimants are still waiting to settle their claims. We explore the Committee's disappointment that only 3 out of 17 recommendations were fully accepted, potentially hindering the acceleration of redress payments.

We examine the ongoing role of the Post Office in the Horizon Shortfall Scheme (HSS), a point of contention for the Committee and even the Post Office itself. Learn about the progress of different redress schemes, including the HSS, the Overturned Convictions (OC) scheme, the Group Litigation Order (GLO) scheme, and the new Horizon Convictions Redress Scheme (HCRS).

We also discuss key recommendations regarding upfront legal advice for HSS claimants, stronger instructions to lawyers, and the speed of the Independent Panel.

Key Takeaways:

*   Over 4,000 claimants are still awaiting settlement under the various redress schemes.
*   The Committee regrets the Govt's decision not to provide upfront legal advice for HSS claimants.
*   Responsibility for processing overturned conviction claims will transfer from the Post Office to the Dept for Business and Trade on 3 June 2025.
*   Partial acceptance of recommendations regarding the role of the Post Office in the HSS, the speed of the Independent Panel, and the introduction of mediation routes.
*   Progress in redress payments since the new Government took office, with over £698 million paid to over 4,400 claimants.
*   Govt intends to publish its approach to redress for postmasters affected by the Capture system in spring 2025.

Read extended shownotes on Substack.

Source: H of C Committee Report.

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No outside chatter: source material only taken from Hansard and the Parliament UK website.  

Contains Parliamentary information repurposed under the Open Parliament Licence v3.0....

SPEAKER_00

Welcome back to Bench Report, UK politics straight from the benches. We're your hosts, Amy and Ivan.

SPEAKER_01

And as always, do check out the episode notes for today's discussion. It can get a bit well detailed.

SPEAKER_00

Absolutely. Today we're diving into I guess you could call it a follow up. It's from the House of Commons Business and Trade Committee. It's their second look at how the government has reacted to their initial findings on the Post Office Horizon scandal.

SPEAKER_01

And importantly, this isn't just about like parliamentary back and forth.

SPEAKER_00

Right.

SPEAKER_01

This is about the real impact on thousands of people who are still waiting for Justice and Resolution.

SPEAKER_00

Thousands. The initial report, I believe it was HC 341, came out at the beginning of the year, January 1st, 2025.

SPEAKER_01

Yes. And then the government's response, which we're really going to dissect today, that arrived on March 3rd.

SPEAKER_00

Okay. So just a couple of months later.

SPEAKER_01

Right. And then this latest report, HC 778, that was published on March 25th. So we're talking about really hot off the press stuff here. It looks specifically at how the government has addressed or hasn't addressed the recommendations from that first report?

SPEAKER_00

One of the things that really jumps out is the sheer number of people still waiting for their claims to be settled.

SPEAKER_01

Over 4,000, according to the committee.

SPEAKER_00

It's hard to even grasp the scale of that, the ongoing distress, the uncertainty, the financial strain. It's just, it's a lot to carry.

SPEAKER_01

Absolutely. And that's something we need to keep in mind throughout this deep dive.

SPEAKER_00

Definitely. Our aim today is to try and make sense of all of it.

SPEAKER_01

To unpack where things are getting stuck, where we see progress, and what it all means for those individuals and their families who are caught up in all of this.

SPEAKER_00

So let's start with the committee's overall assessment of the government's response. They were, shall we say, not entirely thrilled. Only three out of 17 recommendations to speed up redress payments were fully accepted.

SPEAKER_01

That's right. And that's really where we see that that difference in urgency, you know, between what the committee is calling for and how the government is actually approaching it.

SPEAKER_00

So 17 recommendations put forward with the aim of getting people the justice they deserve more quickly and only a tiny fraction fully embraced.

SPEAKER_01

Exactly. It makes you wonder about, well, what are the reasons behind not taking on more of these suggestions?

Horizon Shortfall Scheme (HSS)

SPEAKER_00

Let's get into some of the details, shall we? Let's start with the Horizon Shortfall Scheme or HSS. There was at least a bit of good news here, right?

SPEAKER_01

Well, there was one significant positive development. The government accepted recommendation six, which means that, you know, HSS claimants, they'll now have the same access to support and case management as those in other schemes.

SPEAKER_00

So that's things like having someone to guide them through the process and help them understand what's going on.

SPEAKER_01

Exactly.

SPEAKER_00

That must be a relief for some people, given how complicated these schemes can be.

SPEAKER_01

Especially considering that the Horizon Shortfall Scheme was created to tackle those, well, let's call them discrepancies, those financial discrepancies that subpostmasters were facing from the very beginning.

SPEAKER_00

But then there are some areas, pretty crucial ones, where the committee's recommendations were flat out rejected.

SPEAKER_01

Yes. And those are the ones that really raised some concerns.

Lack of legal advice for HSS claimants

SPEAKER_00

Like? The government didn't agree to provide upfront legal advice for HSS claimants. That seems like a big deal.

SPEAKER_01

The committee argued that this is, you know, absolutely essential for people to get what they're owed. They called it a matter of fairness. And you can see their point.

SPEAKER_00

Trying to navigate all the legal jargon and procedures without proper guidance. I can't imagine how stressful that must be.

SPEAKER_01

And it's interesting because not providing that early legal support might actually end up backfiring.

SPEAKER_00

How so?

SPEAKER_01

Well, think about it. People who are struggling to understand the process might end up needing a lot more help later on.

SPEAKER_00

So it could actually cost the system more in the long run.

SPEAKER_01

Potentially, yeah. It makes you wonder if the initial cost saving is really worth it.

Administration of HSS to the Dept of Business and Trade

SPEAKER_00

There's another one that caught my eye. The government rejected the idea of transferring the administration of the HSS to the Department for Business and Trade.

SPEAKER_01

And get this, the post office itself actually advised that this should happen.

SPEAKER_00

Wow, that's pretty significant. If the post office, the organization at the center of this whole scandal, suggests that they shouldn't be running the show anymore, you'd think the government would listen.

SPEAKER_01

The committee was pretty clear in their report. They see this as a mistake, a missed opportunity.

SPEAKER_00

So what's the government's thinking here? Why are they so hesitant to take full control?

SPEAKER_01

It's hard to say for certain. But their response suggests they're concerned about the logistics, you know, the potential disruption of a sudden transfer.

SPEAKER_00

But the committee's point is that the post office's continued involvement creates a conflict of interest.

SPEAKER_01

Absolutely. The government's only agreed to handle those more complex cases, you know, if a full transfer isn't possible quickly, and to make sure that those fixed sum offers are dealt with swiftly.

SPEAKER_00

So kind of a halfway house solution. They've said they'll make a final decision on a full takeover in spring 2025. We'll have to see what happens.

SPEAKER_01

It does feel like they're trying to strike a balance. But the question remains, is it enough?

SPEAKER_00

Moving on to the legal side of things, the committee urged the government to, well, to basically tell their lawyers to simplify and speed up the settlements.

SPEAKER_01

And the government claims they've already done that.

SPEAKER_00

Right. And they keep emphasizing that it's a priority. But it's hard to know what that means in practice.

SPEAKER_01

From the outside looking in, it's difficult to gauge the real impact.

SPEAKER_00

Exactly. Are the claimants actually experiencing a smoother, faster process? That's what really matters.

SPEAKER_01

Absolutely.

SPEAKER_00

Another concern raised by the committee was the 18-month timeframe for the independent panel to assess claims, especially given the possibility of thousands of new cases coming through.

SPEAKER_01

18 months is a long time to wait, especially when you consider the emotional and financial strain these people are under.

SPEAKER_00

The government said they're working on boosting the panel's resources, but also admitted that capacity isn't the only bottleneck.

SPEAKER_01

So they acknowledge that there are broader issues slowing things down.

Requests for Information (RFI's)

SPEAKER_00

Now, here's an interesting point of disagreement. While the government agreed to a case facilitator for the HSS appeals process and for handling leftover dispute resolution cases, they weren't keen on a similar role for assessing those requests for information.

SPEAKER_01

Those RFIs, right?

SPEAKER_00

Yes, the RFIs.

SPEAKER_01

The committee was worried that some people were being asked for information that was either excessive or just irrelevant.

SPEAKER_00

And that this was just adding to the delays and the stress for claimants.

SPEAKER_01

The government's concern was that adding another layer of review would slow things down even more.

SPEAKER_00

They argued that those information requests are actually designed to help increase the offer amounts.

SPEAKER_01

So they see them as a positive thing, ultimately.

SPEAKER_00

But the committee clearly wanted more scrutiny there. Another point of contention was what happens if there's a disagreement about the initial offer.

SPEAKER_01

The committee felt that those cases should go directly to external mediation, you know, bypassing the independent panel.

SPEAKER_00

Make sense. Get an independent perspective involved sooner rather than later.

SPEAKER_01

The government partially agreed, but with a caveat.

SPEAKER_00

A caveat. What's the catch?

SPEAKER_01

They said that there would be an internal reassessment first, and only if that didn't lead to an agreement would it go to external mediation.

SPEAKER_00

So an extra step in the process.

SPEAKER_01

It's hard to say whether this is a good or bad thing, to be honest. On the one hand, that internal reassessment could resolve some cases more quickly. But

SPEAKER_00

on the other hand, it could also mean more delays for those cases where the disagreement continues.

SPEAKER_01

Exactly. The real test will be how efficient and impartial that internal review actually is.

SPEAKER_00

Okay, one last point on the HSS. The government wasn't happy with the idea of legally binding timeframes for the whole process.

SPEAKER_01

This seems to be a recurring theme.

SPEAKER_00

They pointed to advice from the Horizon Compensation Advisory Board, which suggested that having penalties for missed deadlines wouldn't actually guarantee fairer or faster compensation.

SPEAKER_01

And they emphasized all the steps they're already taking to improve efficiency.

SPEAKER_00

But the committee isn't convinced, are they? They still want those legally binding targets.

SPEAKER_01

That's right. They don't seem to trust that these non-binding efforts will be enough to really speed things up.

Group Litigation Order Scheme (GLO)

SPEAKER_00

Let's move on to the Group Litigation Order Scheme, or GLO. The committee acknowledged that there had been some progress in terms of the initial offers being made.

SPEAKER_01

But they still pushed for legally binding timeframes at every stage with financial penalties if those deadlines were missed.

SPEAKER_00

And surprise, surprise, the government didn't fully agree.

SPEAKER_01

They pointed to their own internal targets for offers and response times, arguing that financial penalties wouldn't actually add anything to that.

SPEAKER_00

It's the same argument they've made about the HSS.

SPEAKER_01

Exactly. They're setting their own benchmarks and monitoring progress, but they're just not willing to put those deadlines into law and risk facing financial consequences.

SPEAKER_00

The committee also expressed disappointment that Sir Ross Cranston's role wasn't being expanded to include greater case management responsibilities within the GLO scheme.

SPEAKER_01

They felt that having someone like Sir Ross with his experience and independence more involved in the day-to-day running of things would provide an extra layer of oversight.

SPEAKER_00

The government disagreed, saying that Dentons, who are already acting as case facilitators, are doing a good job and that there's no need to change things at this stage.

SPEAKER_01

It seems they're happy with the current structure. And

SPEAKER_00

just like with the HSS, the committee wanted assurances that those information requests in the GLO's scheme were only being used to increase the offer amounts.

SPEAKER_01

And they suggested that the case facilitator should be involved in assessing whether those requests were reasonable or not.

SPEAKER_00

Once again, the government rejected the idea. worried that it would cause further delays.

Horizon Convictions Redress Scheme (HCRS)

SPEAKER_01

So we see that same tension again, don't we? The committee wants more checks and balances, even if it means things take a bit longer. The government wants to move things along as quickly as possible, even if that means less scrutiny.

SPEAKER_00

Lastly, let's talk about the Horizon Convictions Redress Scheme, or HCRS. This is the scheme for people who were wrongly convicted because of the faulty horizon system.

SPEAKER_01

Right, so this is about people whose lives were completely turned upside down.

SPEAKER_00

The committee raised concerns that some eligible individuals might not even know they have a right to claim redress because of incomplete data across the different nations of the UK.

SPEAKER_01

They called for a proper notification plan and for more detailed data to be published every month.

SPEAKER_00

The government's response was that they've already sent letters from the Ministry of Justice and that data for England and Wales is publicly available.

SPEAKER_01

But they also said that Scotland and Northern Ireland are the responsibility of their own devolved governments.

SPEAKER_00

So it sounds like that division of responsibility might be creating some gaps.

SPEAKER_01

It's certainly adding another layer of complexity to an already complex situation.

SPEAKER_00

The committee also pushed for a guarantee that those full assessment offers would never be lower than the initial fixed sum offer.

SPEAKER_01

Their thinking was that this would remove the fear that some people might feel pressured to accept the initial offer, even if they could be entitled to more.

SPEAKER_00

The government didn't agree, arguing that people have access to funded legal advice to help them make the right decisions, and that for many people, the fixed sum is a fair settlement.

SPEAKER_01

So they feel that the current system provides sufficient protection for claimants.

SPEAKER_00

And, as you might expect, the government also rejected the idea of legally binding timeframes, with penalties for Same

SPEAKER_01

reasons as before. They feel that it's just not practical or appropriate in these complex cases.

SPEAKER_00

There was one area where the committee and the government were in complete agreement though.

SPEAKER_01

Oh. Tell me more.

SPEAKER_00

They both agreed that the government should publish quarterly reports detailing the external legal costs for all three schemes. This information will be available on GOV.UK.

Conclusions / Frustrations

SPEAKER_01

That's definitely a step in the right direction in terms of transparency and accountability.

SPEAKER_00

So to sum it all up, the journey to justice for the victims of the Horizon scandal is far from over.

SPEAKER_01

While there has been some progress, there's still a lot of disagreement between the committee and the government about the best and quickest way to deliver fair redress.

SPEAKER_00

The committee's report paints a picture of ongoing frustration and a feeling that the process itself is causing more pain and delay for those who have already suffered so much.

SPEAKER_01

Those key sticking points are still the role of the post office, the provision of upfront legal advice, the complexity of the claims processes, and the government's reluctance to implement those legally binding timeframes.

SPEAKER_00

On the other hand, the government keeps pointing to the amount of money that's already been paid out and the efforts they're making to make things more efficient. They're also worried about the potential disruption and costs that some of the committee's recommendations might cause.

SPEAKER_01

This deep dive really highlights the political and administrative challenges involved in trying to right the wrongs of this scandal. It raises some important questions about accountability, the speed of justice, and how effective the government's response has really been.

SPEAKER_00

We encourage you to read the full report and the government's response for yourself. You can find links to both in the episode notes. It's a complex issue and it's important to be informed.

SPEAKER_01

Absolutely.

SPEAKER_00

That's all from us for today.

SPEAKER_01

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SPEAKER_00

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