Allow HSS Fixed Sum acceptors to appeal with independent permission

People who have accepted the Fixed Sum Offer in HSS will have the opportunity to ask the Independent Reviewer in the Horizon Shortfall Scheme Appeals (HSSA) scheme (who has yet to be appointed) for permission to appeal. DBT is working with the Advisory Board and the Independent Reviewer on the practical implementation of this, including on scope and criteria for appeal, as well as engaging with legal representatives and postmaster representative organisations before updating affected claimants.

BIST has committed to providing an opportunity for claimants who previously accepted the Fixed Sum Offer in HSS to ask an independent person for permission to appeal their award in the Horizon Shortfall Scheme Appeals (HSSA) scheme. Fully funded legal advice will be available to these claimants. BIST has engaged with stakeholders including the Horizon Compensation Advisory Board, claimants’ representatives and postmaster organisations and has incorporated their views into the development of the process. The Minister for Small Business and Economic Transformation made an announcement on 20 May providing an update on the progress made towards launching the FSO Permission to Appeal process and its upcoming launch. Alongside this, a process guide was published on GOV.UK to provide postmasters and their legal representatives with information about the process, including the eligibility criteria to help them start preparing their applications ahead of the process’s launch. BIST has been progressing the necessary contractual, operational and data sharing requirements to faciliate launch. BIST intends to open this process for regstrations in the Autumn.

The FSO permission to appeal process will open for registrations later this year. Postmasters who have already received an FSO will have three months from the launch date to register and seek permission to appeal. Those who receive FSOs in future will have three months from the date of the offer to seek permission to appeal. Once confirmed as eligible, they will then have a further three months to make their application by submitting a concise written narrative explaining why they believe that their claim was under-settled.

HC 1598 noted the HSSA appeals mechanism exists and is functioning, but has effectively become a necessary second step because HSS offers are routinely undervalued. The committee heard that claimants who proceed through both HSS and HSSA wait two to three years for redress.

Business and Trade Select Committee noted that HSS claimants who accepted the Fixed Sum Offer would have the opportunity to ask the Independent Reviewer to reconsider their award.