Peer ‘disappointed’ that DWP review of subpostmaster prosecutions is still months away

The slow response from the Department of Work and Pensions (DWP) to demands surrounding a review of its prosecutions of subpostmasters continues, as peer Prem Sikka calls on anyone affected to write to the minister for transformation at the DWP, Andrew Western. 

Despite being referred to by a minister in the House of Lords more than a year ago, the review of 108 prosecutions of subpostmasters for financial crime is still months away. The DWP has written to courts requesting documentation on the subpostmaster cases it fought alongside the Post Office, but following a meeting with Western, Sikka said that he is “disappointed” with the slow progress of the department’s review of prosecutions.

The DWP worked with the Post Office to prosecute subpostmasters accused of financial crime related to benefits, and there is a belief among peers and campaigners that these prosecutions could be unsafe and in need of review. The DWP said it would review its prosecutions of subpostmasters in light of the Post Office scandal and the overturning of hundreds of wrongful convictions.

According to Sikka, Western indicated that there were 108 cases to look over and that the DWP “has and is in the process of writing to courts to see if any records can be retrieved”.

The review will not overturn convictions but it can refer the matters to the Criminal Cases Review Commission (CCRC) and/or the Court of Appeal. The CCRC is reviewing and has already referred subpostmaster convictions based on the Horizon system, the Capture system and the APT/APS system.

Sikka said that he is disappointed with the slow progress of the DWP review, and pointed to a government statement in the House of Lords in February last year, in which a Department for Business and Trade (DBT) minister said: “My noble friend Lord Sikka raised a question about the DWP convictions. I can assure him that the minister for transformation is looking into this, a review is being established, and I hope to provide more information about that.”

Following his meeting with Western, Sikka said: “After nearly a year, nothing has been heard. No victim or their families have been contacted. No statement has been made to Parliament.”

Although the DWP confirmed last August that it would review its prosecutions of subpostmasters, the review is yet to start and a reviewer has not yet been appointed.

“The minister explained that virtually nothing has happened,” said Sikka. “He said DWP has only recently received a request from the DBT to look at the DWP prosecutions, and no expert has yet been appointed to look at the cases.”

He added that the minister said that the search for a reviewer has intensified, and the government hopes to appoint an independent counsel within the next four months.

Sikka said that the minister “defended the DWP prosecutions” during the meeting, claiming they were nothing to do with the Horizon system, and that the minister – who was accompanied by three civil servants – told him that the DWP inspections included examination of physical stock or GIROs and dockets for payment of pensions/benefits and cash physically held by the subpostmasters.

“But the physical stock must have been compared to some record to enable DWP to conclude that there was a discrepancy,” said Sikka. “What was the source of that accounting record and how did DWP know that it was pristine? I did not receive an answer.”

Campaigner Tim McCormack, a former subpostmaster and IT professional, has spent the past two months researching this, including newly released evidence on the Post Office scandal public inquiry website.  “This new evidence reveals that the original design of the Horizon system used to perform pension book encashments, known as OBCS [order book control system] was not implemented properly, leading to incorrect assumptions by Post Office, DWP investigators and latterly the Court of Appeal,” he said.

Hudgell Solicitors, which represents hundreds of Post Office scandal victims, is pursuing its own investigations into DWP prosecutions on behalf of clients, and has cases lined up to send to the CCRC.

There are also concerns that the DWP review, when it finally begins, will be inadequate. Peer James Arbuthnot, who has campaigned for justice for subpostmasters for over 15 years, said the Horizon Advisory Board, of which he is a member, has met the DWP regarding its review and believes it should look at individual cases, which, at the moment, it isn’t.

“Unless they do, we think the review will be pointless and they might as well not do it,” he added.

A DWP spokesperson said: “We announced an independent assurance review where Post Office members of staff were prosecuted by the department for welfare-related fraud. Over the past few years, we have taken comprehensive steps to recover material and review all relevant cases. To date, no documentation has been identified to show that Horizon data was essential to any DWP prosecutions.

“We recently broadened the scope of the review to take account of the Horizon Compensation Advisory Board’s request for an opportunity for individuals or organisations to provide information to the independent reviewer. We are currently identifying the most suitable candidate for the reviewer role.”

Sikka urged anybody affected to write to Andrew Western, minister for transformation, at Caxton House, Tothill Street, London, SW1H 9NA.

The Post Office scandal was first exposed by Computer Weekly in 2009, revealing the stories of seven subpostmasters and the problems they suffered due to Horizon accounting software, which led to the most widespread miscarriage of justice in British history (see below timeline of Computer Weekly articles about the scandal since 2009).