Following the Prime Minister’s commitment on 26 February 2020 and the ministerial statements of 10 June 2020 and 30 September 2020, the Post Office Horizon IT inquiry was established as a non-statutory inquiry. In accordance with the terms of section 15 of the Inquiries Act, the Government have now given notice to convert the inquiry into a statutory inquiry under the Inquiries Act 2005 on 1 June 2021 and at the same time amend the inquiry’s terms of reference, as set out below.
Scope of the inquiry
Government want to be fully assured that through the inquiry there is a public summary of the failings associated with Post Office Ltd’s Horizon IT system. The inquiry will draw on the findings made by Mr Justice Fraser from the Bates and others v. Post Office Limited Group litigation, in particular judgment (No. 3) “Common issues” and judgment (No. 6) “Horizon issues”, the judgments of the Court of Appeal (Criminal Division) in R v. Hamilton and others, and other judgments in which convictions have been quashed. It will consider all other relevant evidence, listen to those that have been affected, understand what went wrong, and assess whether lessons have been learned and whether concrete changes have taken place, or are under way, at Post Office Ltd.
The inquiry shall:
A: Understand and acknowledge what went wrong in relation to Horizon, leading to the civil proceedings in Bates and others v. Post Office Ltd and the quashing of criminal convictions, by drawing from the judgments of Mr Justice Fraser in Bates and others, the judgments of the Court of Appeal (Criminal Division) in R v. Hamilton and others, other judgments in which convictions have been quashed, affected postmasters’ experiences and any other relevant evidence in order to identify what key lessons must be learned for the future.
B: Build upon the findings of Mr Justice Fraser and the judgments of the criminal courts specified in A above by obtaining all available relevant evidence from Post Office Ltd, Fujitsu, BEIS and UKGI to establish a clear account of 1) the implementation and failings of Horizon over its lifecycle and 2) Post Office Ltd’s use of information from Horizon when taking action against persons alleged to be responsible for shortfalls.
C: Assess whether Post Office Ltd has learned the lessons from the criticisms made by Mr Justice Fraser in his judgments following the “Common issues” and “Horizon issues” trials and those identified by affected postmasters and has delivered or made good progress on the organisational and cultural changes necessary to ensure a similar case does not happen in the future.
D: Assess whether the commitments made by Post Office Ltd within the mediation settlement—including the historical shortfall scheme—have been properly delivered.