Changes need to be made to the Post Office Historical Shortfall Scheme (HSS) if it is to achieve what it was established to do and ensure former sub-postmasters are awarded fair settlements, as soon as possible.
At present, competing tensions stand to bring it into disrepute.
More often than not on being instructed to review first offers, we are finding that very significant heads of claim have been omitted.
Sub-postmasters will know to claim for shortfalls, but for compensation to truly reflect the full impact on lives, the subsequent loss of earnings, loss of investments, re-finance costs and other direct losses that very often follow on from suspension and termination must be considered and calculated, as must the stigma and trauma caused over many years.
In a scheme which has encouraged the submission of applications without the benefit of proper advice however, sub-postmasters are now finding themselves in the invidious position of either accepting “low offers” or sitting and waiting an indeterminate time for review through the various dispute resolution stages.
There is no option at present for an interim payment to be offered to cover losses which are identified and undisputed when an initial compensation offer is made.
In fact, it is something the Post Office has outright refused when requested by our legal team on behalf of clients, having looked at the offer made to them and concluded that it failed to reflect the true overall value of the case.
To not offer interim payments for agreed shortfalls at such a stage cannot be right.
Many sub-postmasters are elderly and/or in poor financial health. I am sure that many have already accepted the first offers made to them out of sheer necessity, without proper advice and not understanding the art of the possible.
I make this comment in full knowledge of both the low number of people that have sought legal advice on offers and a high acceptance rate of those already processed through the scheme.
Given that Post Office chief executive Nick Read pledged to have half of the 2,500 applications to the scheme concluded by the end of March, many sub-postmasters who applied to the scheme should now be receiving compensation offers.
Having had time to assess how this scheme is working, I would strongly recommend anyone who has received an offer under it, to have it reviewed by a Solicitor. The Post Office has agreed to contribute to that cost, and it at least gives sub-postmasters an informed view of their options.
In the short term though, interim payments for undisputed shortfall losses must be the order of the day. Otherwise, people are being held as hostages to fortune, with what is after all their own money.
Read more: Legal advice on Historical Shortfall Scheme offers