Post Office Horizon compensation gaps
23 items
1 source
Limitations in the Post Office Horizon compensation process, specifically regarding the flexibility for claimants to revert to a Fixed Sum Offer.
Cross-Source Insight
Post Office Horizon compensation gaps has been flagged across 1 independent accountability source:
23 inquiry recs
This theme has been identified in one data source. As more data is added, cross-references may emerge.
Inquiry Recommendations (23)
IR1-1 — Interim Compensation Payments
Recommendation: An interim payment, of no less than £100,000, should be paid to all those infected and all bereaved partners currently registered with any of the four UK infected blood support schemes, as well as those registering ahead of the inception …
Gov response: The Government accepted this recommendation on 17 August 2022. Interim payments of £100,000 were made to infected individuals and bereaved partners registered with UK infected blood support schemes beginning October 2022. By end of financial …
Accepted
Delivered
IR2-1 — Scheme Eligibility - Infected and Affected Persons
Recommendation: I recommend that the scheme should offer redress to those infected with HCV and/or HIV, and/or HBV (limited to chronic HBV unless the infection has resulted in a fatality in the acute period), and to defined categories of persons indirectly …
Gov response: In accordance with recommendations 1 and 2 of the Second Interim Report, the Government is clear that both those who have been infected and affected by this scandal are eligible for compensation and is compensating …
Accepted
Delivered
IR2-10 — Form of Awards - Lump Sum and Periodical Payments
Recommendation: I recommend that: a) awards should be made in a lump sum in respect of an Injury Impact Award, Social Impact Award, Autonomy Award, and an award to compensate for past losses under the Care Award and Financial Loss Award …
Gov response: In line with recommendations 9 and 10 of the Second Interim Report, acceptance of an award does not require applicants to waive their right to pursue litigation. In defined circumstances, if an infected person's condition …
Accepted
Delivered
IR2-11 — Interest on Past Losses
Recommendation: I recommend that interest be payable on awards for past financial losses and past provision of care, from the date of infection to the date of the award, in accordance with the practice in personal injury damages claims; alternatively, that …
Gov response: With respect to recommendation 11 of the Second Interim Report, the compensation scheme aligns with the spirit of the recommendation regarding interest payable on past financial loss. The Scheme uses the rate of current median …
Accepted
Delivered
IR2-12 — Interim Payments for Bereaved Families
Recommendation: I recommend that an interim payment of £100,000 should be paid to recognise the deaths of people to date unrecognised and alleviate immediate suffering. This should be done as follows: a) where someone infected died as a child or died …
Gov response: The Government recognises that people have been waiting for too long to receive compensation and for justice to be delivered on this scandal. In order to provide financial support prior to the rollout of the …
Accepted
Delivered
IR2-13 — Relationship with Support Schemes and Benefits
Recommendation: I recommend that, with regard to the relationship between compensation, support payments and benefits: a) in assessing compensation under the scheme, no account should be taken of any past payments made under the support schemes or their predecessors; b) the …
Gov response: As per recommendation 13 of the Second Interim Report, any payments made to those eligible under the Scheme will be exempt from income tax, capital gains tax, and inheritance tax. Any payments will also be …
Accepted
Delivered
POH-10 — Clarify best offer principle in HSSA guidance with examples
Recommendation: The Department shall issue a supplementary document/announcement clarifying the meaning and intent of the "best offer" principle in the Horizon Shortfall Scheme Appeal (''HSSA'') process demonstrating how it is intended to operate in practice with appropriate examples, if thought necessary.
Gov response: Department for Business and Trade accepts this recommendation. DBT has updated the HSSA guidance to clarify the meaning and intent of the "best offer" principle, demonstrating how it is intended to operate in practice with …
Accepted
Delivered
POH-2 — Define and publish meaning of full and fair financial redress
Recommendation: The Minister and/or the Department in conjunction with the Post Office shall make a public announcement explaining what is meant by the phrase "full and fair financial redress". Such an explanation should indicate that claimants should be awarded sums which …
Gov response: Department for Business and Trade accepts the Inquiry's recommendation and has published a statement explaining what is meant by the phrase "full and fair financial redress". The statement indicates that claimants should be awarded sums …
Accepted
Delivered
POH-3 — Apply full and fair meaning consistently across all schemes
Recommendation: The Post Office, the Department and the Minister shall ensure that all decision makers in HSS, GLOS and OCS/HCRS apply the meaning to be given to the words "full and fair" when assessing the amounts to be awarded to individual …
Gov response: Department for Business and Trade accepts this recommendation. Both DBT and Post Office have agreed to apply the meaning to be given to the words "full and fair" as set out in the public statement …
Accepted
Delivered
POH-4 — Fund legal advice for HSS claimants before scheme choice
Recommendation: All claimants in HSS shall be entitled to obtain legal advice funded by the Department prior to choosing between accepting the Fixed Sum Offer or seeking financial redress which is assessed. The remuneration for such advice shall be in accordance …
Gov response: Department for Business and Trade broadly accepts this recommendation. Rather than providing upfront legal advice, DBT provides funding for legal advice at the appeal permission stage. Additionally, an information support service has been established which …
Accepted in Part
In progress
POH-5 — Allow 3-month window to accept Fixed Sum Offer after assessment
Recommendation: Any claimant who opts to have a claim assessed when the claim is submitted to the Post Office or the Department may decide to accept the Fixed Sum Offer at any time thereafter up to and including the date which …
Gov response: Department for Business and Trade accepts this recommendation. From 9 October, claimants to HSS and HCRS will have 3 months from receipt of their first detailed assessed offer to revert to accepting the Fixed Sum …
Accepted
Delivered
POH-6 — Appoint senior lawyer to ensure HSS offers are full and fair
Recommendation: A suitably qualified senior lawyer shall be appointed to HSS as soon as is practicable with the aim that any such appointee will take appropriate action to ensure that first offers to claimants (a) are "full and fair" (b) made …
Gov response: Department for Business and Trade accepts this recommendation. Sir Gary Hickinbottom has been appointed as HSS Senior Lawyer to ensure that first offers to claimants are "full and fair", made to those who have submitted …
Accepted
Delivered
POH-7 — Grant appropriate powers to HSS senior lawyer
Recommendation: The appointed person shall be given appropriate powers to ensure that these tasks can be performed and carried into effect. If it is considered necessary by the appointing authority, it should consult with the Advisory Board, Dentons, Sir Gary Hickinbottom, …
Gov response: Department for Business and Trade accepts this recommendation and has committed to consulting stakeholders to determine the appropriate powers for the appointed person. This consultation includes Sir Ross Cranston, the Advisory Board, claimants' representatives, Post …
Accepted
Delivered
POH-8 — Require HSS first offers match Independent Advisory Panel recommendation
Recommendation: In HSS the Post Office shall be obliged to make, and the Department shall be obliged to approve (when necessary) a first offer to a claimant which is no less than the sum recommended by the Independent Advisory Panel.
Gov response: Department for Business and Trade accepts this recommendation. In HSS the Post Office is obliged to make, and the Department obliged to approve (when necessary), first offers to claimants which are no less than the …
Accepted
Delivered
POH-9 — Allow HSS Fixed Sum acceptors to appeal with independent permission
Recommendation: The Department following consultation with the Advisory Board, claimants' representatives and any other persons or bodies it thinks appropriate, shall give urgent consideration to whether claimants who have accepted the Fixed Sum Offer in HSS should be afforded the opportunity …
Gov response: Department for Business and Trade accepts this recommendation. Following consultation with the Advisory Board, claimants' representatives and other relevant parties, claimants who have accepted the Fixed Sum Offer in HSS will have the opportunity to …
Accepted
In progress
POH-IR1-1 — Allow Advisory Board to monitor individual compensation cases
Recommendation: The Horizon Compensation Advisory Board should not be prevented from monitoring individual cases in which compensation has been or is to be determined by paragraph 4 of its Terms of Reference.
Gov response: Department for Business and Trade accepts this recommendation in part. The Horizon Compensation Advisory Board shall consider whether "full and fair compensation is being paid out to applicants under the 3 schemes" and shall advise …
Accepted in Part
Delivered
POH-IR1-2 — Publish Advisory Board meeting reports within 21 days
Recommendation: The Horizon Compensation Advisory Board shall produce written reports in respect of each of their meetings in relation to each of the 3 schemes and publish the same within 21 days of the date of each meeting.
Gov response: Department for Business and Trade accepts this recommendation. Written reports are already being published and shall be issued within a week of each meeting unless the Board agrees otherwise.
Accepted
Delivered
POH-IR1-3 — Make monitoring full and fair compensation a core Board duty
Recommendation: It must be one of the core duties of the Horizon Compensation Advisory Board that it monitors whether compensation payments are full and fair.
Gov response: Department for Business and Trade accepts this recommendation in part. The Department endorses the Board's view that it "would not be possible or advisable for us to intervene in individual cases" but has confirmed that …
Accepted in Part
Delivered
POH-IR1-4 — Increase Advisory Board membership if needed for capacity
Recommendation: If the Horizon Compensation Advisory Board considers it necessary, the number of persons appointed to the Board should be increased so as to ensure that the Board has sufficient capacity to perform the functions set out above.
Gov response: Department for Business and Trade accepts this recommendation. The Department will keep under review the case for expanding the Board, in discussion with its current members, to ensure it has sufficient capacity to fulfil its …
Accepted
Delivered
POH-IR1-5 — Seek court directions for GLO compensation in bankruptcy cases
Recommendation: DBT shall take such steps as are necessary within 28 days of the publication of this report to seek appropriate directions under section 306 of the Insolvency Act 1986 in respect of the dispute between Moore UK and the Department …
Gov response: Department for Business and Trade accepts this recommendation. The Department instructed counsel to submit a court application and made an expedited request. One postmaster will be named as an interested party in the proceedings to …
Accepted
Delivered
POH-IR1-6 — Publish proposals for equal tax treatment of compensation payments
Recommendation: DBT shall publish within 28 days of the publication of this report its proposals for ensuring that applicants to all schemes are treated equally and fairly in respect of liability to Income Tax, Capital Gains Tax, and Inheritance Tax on …
Gov response: Department for Business and Trade accepts this recommendation. Payments under the GLO scheme and overturned convictions are exempt from Income Tax, National Insurance contributions, and Capital Gains Tax. HSS claimants receive top-up payments that are …
Accepted
Delivered
POH-IR1-7 — Amend Limitation Act to extend GLO deadline if needed
Recommendation: HM Government shall bring forward as soon as possible legislation amending section 11(3)(a) of the Limitation Act 1980 to allow payments of compensation under the GLO scheme to be made to applicants after midnight on 7 August 2024 if that …
Gov response: Department for Business and Trade accepts this recommendation in principle. The Department is determined to deliver the GLO scheme by August 2024 and will consider bringing forward legislation if the deadline appears to be at …
Accepted in Part
Delivered
POH-IR1-8 — Set agreed closing date for Horizon Shortfall Scheme applications
Recommendation: No applications for compensation to the Horizon Shortfall Scheme shall be entertained after such date as shall be agreed by the Minister, the Department for Business and Trade, the Post Office and the Horizon Compensation Advisory Board.
Gov response: Department for Business and Trade accepts this recommendation in part. The Department will discuss and agree a closing date with Post Office. The Advisory Board will be consulted before any closing date is notified to …
Accepted in Part
Delivered