Monday, 20 May 2019

Post Office vs Mental Health: Wendy's story

A week ago today, the Post Office made a self-satisfied pfffft about its commitment to helping people with mental health in the workplace. This was met with hostility by those who blame the Post Office for destroying their mental health, along with their lives and livelihoods. I wrote a piece about the reaction to the Post Office tweets and I wrote to and tweeted the Post Office asking what they were doing or had done to support Subpostmasters' mental health. Not a word of reply.

I also realised I had never really interviewed Subpostmasters about the breakdowns they suffered whilst dealing with the Post Office. To mark Mental Health Week, I put out an appeal to see if anyone would be interested in speaking to me about this difficult subject. Several people volunteered.

This blog post is the result of a chat with one of those volunteers, Wendy Buffrey (pictured below).

I met Wendy on day eight of the Common Issues trial in November last year. This was the day Angela van den Bogerd, a Post Office director was giving evidence. Wendy was in the company of fellow claimants Jo Hamilton and Sue Knight and she seemed like a jolly sort. She told me she was a claimant and had a criminal conviction for false accounting. We swapped numbers.

Wendy Buffrey
I spoke briefly to Wendy after the hearing to ask if I could pass her number to a couple of interested journalists. She kindly agreed. Wendy took part in this Daily Mail interview and was subsequently interviewed by the Gloucestershire Echo.

Wendy was a Subpostmaster in Up Hatherley, Cheltenham from 1998 to 2008. She and her husband Doug bought the business and adjoining property. They put £20,000 into upgrading the post office counter and facilities.

Before Horizon arrived Wendy had one run-in with the Post Office. In 1999 she was audited. A thousand pounds was missing from her counter. A couple of days earlier a staff member had apparently disappeared "on holiday" to Greece. Wendy hadn't done her weekly cashing up by this stage and did not know she was £1000 down. She was suspended on the spot.

"It shook me to my foundations."

It was only when her staff member failed to return to work and remained uncontactable that the Post Office allowed Wendy back in her branch. Wendy and, it seems, the Post Office came to the conclusion that the missing money was probably in the pocket of that staff member. Wendy was reinstated.

But because the Post Office's interpretation of the Subpostmaster contract made Wendy liable, she paid the missing £1000 out of her own pocket. She said told me her treatment at the hands of the Post Office on that occasion had a bearing on her actions nine years later.

"When you've ploughed everything you've got into that business and that building and to see how easy it was for them to take it away.... it shook me to my foundations."

Forward to 2008. Wendy was given one day of training on Horizon when it arrived in 2000, and then sent to work. She operated it without a problem for eight years. One May afternoon Wendy did a cash and stock balance and was horrified to see her Horizon terminal showing she had an extra £18,000 worth of stamps in stock. She didn't. Wendy reversed the stock out of the balance but found that in doing so she had doubled her discrepancy to £36,000.

At this time Doug was seriously ill. He was eventually diagnosed with Chronic Obstructive Pulmonary Disease. Wendy didn't want to trouble him, so she kept it secret. She spent hours going through her transaction receipts to try to uncover the cause behind this high value error. She couldn't find anything. So she looked again. And again. And again. She was looking every waking moment she wasn't actually serving customers - printing off and ploughing through receipts, stock and cash with a rising sense of panic and disorientation.

"I was tired. So tired. And faced with that amount of a loss you stop thinking in a joined-up way."

When it got to weekly balancing Wendy made what she now describes as "the single biggest mistake of my life."

"I felt ashamed. I felt stupid"

Rather than flag up the problem with the helpline, Wendy pressed "Roll over" on the screen - agreeing Horizon's figure as accurate. She did this in the hope a transaction correction would appear days or weeks later, cancelling out this large and inexplicable discrepancy.

"I felt ashamed. I felt stupid for not finding where the loss was. I'd spent hours and hours and hours during that time - night after night after night going through the paperwork that I had to try and find it. And once you've rolled over that one time... if it doesn't come back... you're stuck."

Wendy believed that if she flagged the problem to the Post Office she would be held liable for it. But the only way to roll over the Horizon terminal into the next business day was to either flag it or make it good immediately. Wendy's compromise was to not sign the account balance receipt which was generated when she pressed the "Roll over" button.

Wendy continued looking  for the source of her discrepancy. She was "terrified" of being held liable for a sum she couldn't afford. "I was so scared. I was so scared I would be labelled a thief."

The weeks went on with Wendy feeling "sick, right in the pit of my stomach" every single day: "I took out a loan and money on a credit card and try to right the loss. Every spare penny I had went towards trying to clear the debt, all the time thinking it will be all right and the error will show."

Wendy developed kidney stones and stress-induced optic neuritis, causing a partial loss of vision.

Over a period of seven months, Wendy pumped £10,000 of her own and borrowed money into the system. There was no transaction correction, and she didn't find the error.

In October 2008, three Post Office auditors knocked at the door. Wendy told them they would find a £26,000 discrepancy. They actually found a £36,000 discrepancy. Wendy was suspended on the spot.

Wendy refused to agree the auditors' figures and demanded they go back into her counter and safe and check everything again. After a couple of hours the auditors realised they had miscounted some cash bundles to the tune of £10K, but there was still a £26,000 discrepancy. Lucky Wendy held out or she would have been held liable for the auditors' error too.

Under duress

Wendy was presented with her unsigned weekly balancing records. She says she was "intimidated" by the auditors into signing them. But in doing so she had just physically signed an inaccurate record of her accounts. Although it happened, in Wendy's words "under duress", this evidence would be used against her as part of the Post Office's false accounting charge.

Four weeks into her suspension, Wendy attended an interview at a sorting office in Swindon. As she considered herself innocent of any crime, she did not take a solicitor. Instead she asked comedy trade union (see previous articles) the National Federation of SubPostmasters, for representation. According to Wendy they refused, telling her that because she was suspended, in their eyes she was no longer a Subpostmaster!

Over three hours the Post Office investigators repeatedly asked where the money was. Wendy replied there was no missing money. It looked to her like some kind of computer error.

Wendy did admit "changing the account" but "not to steal". She was told the investigation would continue and she would be likely be called for another interview.

Despite repeated attempts to find out what was going on with her suspension, Wendy received no communication at all from the Post Office until she was summoned for another meeting just before Christmas 2008. She was told she was being terminated.

"I went to that meeting wanting to find out what was going on with the investigation - where had they got to? Why did the reversal double? Why did those stamps appear like they did? And they still wouldn't admit that the computer system had messed up or anybody else had messed up, or they couldn't even tell me how I'd messed up."

Wendy went back to her old job as a driver with the ambulance service, helping ferry elderly and sick patients around Birmingham. She made plans with her husband to sell their home in order to raise the money the Post Office said she owed. Although they still lived in the property attached to the Post Office and owned the retail premises, Wendy didn't go there any more. The less she thought about it, the better she felt.

The criminal charges

In early 2010, after more than a year of complete radio silence from the Post Office, a hammer blow. Wendy received a summons to court. She was being prosecuted for theft and false accounting. Doug was still off sick with his COPD. Now Wendy's mental health began to fall apart.

At first it was tears, stress, anxiety and panic attacks, but then real depression set in.

"I was like a zombie." she said "But I had to work as we had no other income. During the day, I would be happy Wendy, helping people get about, and then I would go home, shut the curtains and lie on my bed, completely empty, looking at the ceiling for hours until I'd get up, go to work and be happy, jolly Wendy again. Day after day after day after day."

In May 2010, Wendy pleaded not guilty to the charges against her and the case was referred to the crown court.

"It was horrendous." says Wendy "I just wanted to screw myself up into a ball and not go out, not do anything. I didn't even want to go to work at that point. But we were still in a situation that I was still trying to the pay the loan off. We'd got no other money coming in and Doug wasn't well enough to work."

Although just about making ends meet, Wendy had a demand for £26,000 hanging her. Perhaps hoping the Post Office might drop the charges if they were given the money they were demanding, Doug put the Buffreys' property on the market.

Almost immediately they received a letter from the Post Office's solicitors informing them that they had successfully applied for an order under the Proceeds of Crime Act, freezing both Doug and Wendy's assets.

The Buffrey's solicitor got an agreement from the Post Office which would allow their assets to be unfrozen so they could sell their property, providing all the money from the sale went into his account, out of which the Post Office could help themselves to £26,000.

Doug found a buyer for their house at a knock down price and secured a smaller property they could move into. On completion day, the sale went ahead and the Post Office took their money. But then something went wrong. Instead of freeing up the remainder of the sale money to allow the Buffreys to buy their new property, the POCA order remained in place. The property purchase fell through.

Andrew, Wendy's son
By this stage Wendy was in a very fragile state: "You're just in a bubble. You can't let anything else in to hurt you so you just do what has to be done and you don't let any feelings come into it. You just can't. You just lock it all away."

The Buffreys were homeless. They moved in with their son, Andrew.

The guilty plea

Although the Post Office had now got their hands on Doug and Wendy's cash, they continued to maintain both the theft and false accounting charges against Wendy.

Wendy had pleaded not guilty all the way up to the start of the trial in October 2010. She says she knew she hadn't stolen anything and was not a criminal, but on the day the trial began she was advised by her solicitor that if she pleaded guilty to false accounting, the theft charge would be dropped and she would likely avoid going to jail.

Broken, and traumatised at the prospect of a prison sentence, Wendy agreed.

The guilty plea was entered.

Unbeknownst to Wendy, her friends, family and customers in Up Hatherley had quietly started a letter-writing campaign. Before sentencing at Gloucester Crown Court the judge was presented with more than 50 character references explaining what an outstanding Postmaster, friend and colleague Wendy was.

In court, the Post Office accepted she was "not responsible for the actual taking of the money".

Criminal conviction and total breakdown

Wendy says the judge told the court this was not an issue of "larceny" but an extraordinary situation created by Wendy's "onerous" contract.

According to a BBC report of the time, he said: "This was a case of false accounting to put off the day that you had to pay a large discrepancy in the Post Office's balance. As your defence barrister put it, you were putting off the 'evil day'. The offences were committed at a time you were struggling to cope. Pre-sentence reports showed you were a pillar of the community, but because of your [health issues], your problems grew and grew."

The judge added that because of Wendy's reputation, he suspected she would be "an asset to the organisers of community payback".

Wendy was lumped with £1,500 costs and 150 hours community service. The judge, on hearing the Post Office had already been given the £26,000 from the sale of the Buffrey's home, removed the POCA order which had caused so much anguish.

"When I came out of the court it was as much as I could do to walk back to the car." Wendy told me, "It was hard just to put one foot in front of the other. My son was holding me up on one side and my cousin was holding me up on the other, and when we finally got home I just sat and cried for hours."

The day after sentencing, Wendy received a letter by recorded post. She had been sacked from her job with the Ambulance service. She was also told by St John ambulance (where she volunteered) she was persona non grata. "That hit me worse than losing my job", she says.

Some days later, Wendy received a message from Alan Bates and Jo Hamilton from the Justice for Subpostmasters Alliance. Someone had had seen the news reports of Wendy's sentencing and alerted them. She knew then that she was not alone, but it failed to forestall what happened next.

Eight weeks after receiving her sentence, Wendy had a complete breakdown. Her personality had changed completely.  "I didn't want to get up. I didn't want to do anything. I didn't wash. Nothing piqued any interest."

She made it to her GP's. "I remember the doctor saying to me have you ever had serious thoughts of suicide and I can remember saying to him "if you're saying people don't think about it all the time, then you don't know what you're talking about!" That's... that's how off the edge I was. I was obviously thinking about it all the time and... I thought that was normal."

Wendy was prescribed amitriptyline, which, after three or four months, helped her turn the corner. She found a job as a cleaner, but she still wasn't right. "It's akin to grief. You've lost something from you. It's gone and you know you're not going to get it back."

The turning point

Wendy's first mosaic
Wendy was contacted by a friend who was diagnosed with depression after losing her mum. She'd been given the opportunity to do art classes, and found it therapeutic. Wendy went along and took a mosaic class.

"It changed everything, to be able to sit there and create, to make something. You can lose yourself in it totally without any pressure, without any stress."

Wendy's art classses allowed her to come off the amitriptyline. "Once I'd started with the artwork, I felt less and less need of actually taking medication. And it also left you feeling quite numb. At some point you've got to start letting feelings come back or else you'll never survive."

Wendy is still at the same cleaning company she started working for in 2011, but has progressed to become a health and safety advisor and trainer.

Wendy found 2013's mediation scheme a difficult experience. It took her six weeks to read and organise the documentation she'd kept around the time of her suspension and prosecution. She'd burned a lot after the court case. At one stage the anxiety and panic got too much and Wendy didn't feel like she could cope with dredging everything up again. She asked her doctor if she could be prescribed the amitriptyline again. She got hold of the 'scrip, and still has the happy pills, but didn't take any.

In 2014 Wendy's son Andrew died, cycling home from work. He hit a pothole and suffered a fatal head injury. "I haven't been able to grieve him properly" she says. "I don't have that inside me any more."

I asked her what the last few years have been like. "Well," she says. "Without the support of my friends and my two families - my JFSA family and my own family, I wouldn't be here today."

And how does she feel about the Post Office now? "I wouldn't give them the time of day. They're not wholly honest. They don't have any respect for anyone around them. They're arrogant. It's the arrogance of the way they think they can treat people and get away with it."

Our conversation for this blog post made it clear to me that the jolly Wendy I met in London last year was the jolly Wendy persona she puts on to get through her day.

She told me it took every ounce of will she had to get herself to court last November for the Common Issues trial. Wendy remains traumatised by the justice system. The fear of being in court again, even as an observer, nearly stopped her from attending. In fact, on the courtroom threshold, she panicked. "I was stressed. And in that moment I decided to leave and go home, but Jo and Sue took me by the arms and physically pushed me in!"

I saw Wendy briefly in the autumn gloom outside the Rolls Building once the hearing was done. She walked up to me with tears in her eyes, extremely angry about Angela van den Bogerd's evidence. "She lied." she said, simply.

During our conversation for this blog post I asked whether there is anything about the litigation process which is helping or might improve the state of Wendy's mental health.

"It's already helping in that the Post Office are damaging themselves more than anything else by the way they're doing things and a wider range of people are actually seeing that now. It's not just us. We're not just on our own now. More and more people are starting to see how the Post Office are treating people."

Is that helping you, though? Wendy sighs. "I just want my name cleared," she says quietly, "that's all."

Wendy also hopes her ordeal might help other people talk about the mental health problems they suffered after being sacked and prosecuted by the Post Office. I am aware of two suicides connected to their actions and several more breakdowns and attempted suicides. Wendy also wants her story to act as a warning to people who have Post Offices or who are thinking of taking one on, saying: "They have no compassion for anybody who works for them. The only thing they're interested in is their bottom line. That's all they're interested in."

I am still waiting for a comment from the Post Office on what they did and what they are doing to promote and help the mental health of its Subpostmasters. At the time of Wendy's conviction they said they had:

"a zero-tolerance approach to any dishonesty... Our policy is that we will always seek to prosecute the tiny minority of people who abuse their position of trust."

Wendy's unfinished mosaic of her son Andrew.
Wendy's story is not a one-off. Here are just a few I have collated for this blog. There are many more.

The Post Office have told me it wouldn’t be right or appropriate to comment on individual cases.

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Sunday, 19 May 2019

Post Office applies to High Court to appeal Common Issues trial judgment


It was a long time coming but it's finally happened. The Post Office has lodged its application at the High Court for permission to appeal what I'm told is large parts of the Common Issues trial judgment.

This is wholly unsurprising, given that on 15 March, when the Common Issues trial judgment was handed down, the Post Office indicated it was considering an appeal.

Also last Monday the Post Office chief executive told Subpostmasters there would be an appeal.

Waiting to the last possible moment before applying gives the Post Office the maximum time to prepare, whilst dragging things out as long and as expensively as possible.

So what happens next?

The Post Office has filed its grounds for appeal and skeleton arguments. The claimants are currently poring over them and will, on Tuesday, file their skeleton arguments against.

On Thursday at the High Court, there will be a hearing, which was actually scheduled to decide Common Issues trial costs. Once costs has been dealt with J Fraser will then hear the arguments as to why he should or shouldn't let this appeal go to the Appeal Court.

He has three options:

a) yes it can go to appeal
b) yes some of it can be appealed
c) no you shall not go to the Court of Appeal.

If he decides option c), the Post Office can (as it did with the refusal to recuse), approach the Court of Appeal directly asking for permission to appeal.

An appeal of the Common Issues judgment, were it to go ahead, would most likely be scheduled before trial 3, which is currently scheduled for November 2019, and is likely to examine potential breaches of contract. Having a settled ruling on what that contract means would obviously help all parties.

UPDATE: The process did not go well for the Post Office. Fraser J did not allow the application, so the Post Office applied direct to the Court of Appeal. This gave rise to Lord Justice Coulson dismissing the application with his now famous quote describing the Post Office's attitude as similar to that of "a mid-Victorian factory-owner". Ouch.

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Thursday, 16 May 2019

"What kind of games are you playing with human beings' lives?"

This is Part 2 of Pete Murray's story.
Hope Farm Road Post Office
When we left him in mid-December last year, Pete had been suspended as Postmaster of both the Grove Road Post Office in Wallasey and Hope Farm Road Post Office in Great Sutton.

Pete was suspended after a series of increasing and inexplicable discrepancies at his Hope Farm Road branch which ran into the tens of thousands of pounds. He had been running the Grove Road Post Office for six years perfectly happily.

Between 2016 and 2018 Pete claims he repeatedly tried to get the Post Office to help him with his Horizon problems at his Hope Farm Road branch, to no avail.

Pete wrote up part 1 of his story for this blog in mid-December 2018.

On 20 Dec 2018, Pete suffered a stress-related stroke. At that stage his contracts manager Paul Williams still hadn't found the time to come and see him.

On 4 Jan 2019 Pete finally met with Paul Williams. The meeting was also attended by the "redoubtable"* Mark Baker from the Communications Workers Union.

After the meeting Mr Williams resumed radio silence and refused to communicate with Mr Murray.

On 29 January 2019, in frustration at the inaction and horrendous effect his suspension was having on his life and livelihood, Mr Murray wrote to Mr Williams once more:

"Dear Mr. Williams,

I am emailing you today, in desperation for a response, because, up to now, all the times that I have emailed you, or phoned the helpline to try to contact you, you have not once responded to my communications.

You suspended me on the 1st November, 2018, and said that the investigation would take 'up to 8 weeks'. After over 9 weeks, I finally got to have a meeting with you, after you cancelled at least twice. It is now almost another 4 weeks later, and still I have heard nothing. I emailed you last Thursday, and you have not even sent a one-line acknowledgement - well, not just last Thursday, you have never sent even an acknowledgment to my emails.

What kind of games are you playing with human beings' lives? You are withholding over £8000 in unpaid pay for October, and your suspending me has prevented me from working probably to the value of a further £25000 now, between 1st November and today - all money that could potentially have been used to pay off the alleged shortfalls in my branch. As I told you in the meeting at the start of January, I suffered a stroke in December, which is pretty much very highly likely a direct result of the stress caused by this situation which my family has been forced into.

Why are you punishing me, when I have been nothing but completely co-operative throughout this whole issue? I have had to start looking for a job, as I have landlords of two business premises chasing me for rent,

As I have said several times, as did Mark Baker, surely this issue could have been solved with an investigation without suspension, with my co-operation - basically as I asked from the start - could someone please come and help me look for these discrepancies?

The very fact that you have never replied to a single email on this subject, including from when I asked for help in my branch (just one of them!) and the email I sent you last Thursday, is nothing short of mind-numbingly soul-destroying - I cannot understand why this is dragging out so long and you continue to ignore my messages. This is grossly unfair, and if I am not back into my shops and earning again within a very short period now, I am going to have to declare myself bankrupt - probably also causing the refusal of my wife's current visa application, and if that happens, I really don't know what will happen to my family.

How long can you drag this on for, and what on earth is taking so long - it is completely unfair, and I please need answers from you this time.

Regards,

Peter Murray"

Did Pete get a response from the elusive Mr Williams? Did he ever get reinstated? Does the Post Office still think he owes them £35,000? Read part three below.

Part 3: "Post Office Ltd see fit and well to treat me like this, pending an 'investigation' which appears not to be taking place."

You can read part 1 of Pete's story here: "The Post Office claim I owe them £35,000, despite never showing or telling me what I have done wrong."
You can read part 2 of Pete's story here: "What kind of games are you playing with human beings' lives?"

The Post Office have said they will not comment on individual cases.

* an epithet used in a ruling by a High Court judge to describe Mr Baker's ultimately successful efforts to expose a secret agreement between the Post Office and the NFSP.

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Tuesday, 14 May 2019

Post Office vs Mental Health

A couple of tweets posted yesterday by the Post Office comms team and the Post Office communications director have raised the hackles of campaigning former and existing Subpostmasters.

The tweets in question are as follows. First this one from the comms team:
and then this one from the Post Office Director of Communications, Mark Davies:
Now, as readers may be aware, the Post Office stands accused of mentally destroying several Subpostmasters through its business practices.

I am aware of two cases where surviving relatives (some in part, some wholly) blame the Post Office for their loved ones' suicides. You can read one of those stories here. I know of one woman who had a complete breakdown and was subsequently institutionalised for her own safety after being pursued by the Post Office for discrepancies her branch.

Former Postmaster Bal Gill has also written about his Post Office-induced breakdown on this blog as has Wendy Martin. I suspect this is the tip of the iceberg.

So as you might expect, the rather self-satisfied tone of yesterday's tweets from the Post Office has caused something of a reaction. Here are few examples:





I have asked the Post Office for comment on this, both via email and directly on twitter, but the strength of reaction has got me thinking. I have never really collated the stories of the mental breakdowns described by Subpostmasters before. It's always been the legal or financial implications of what happened to them. But describing what happened to individual Subpostmasters' mental health whilst their livelihoods were under attack is just as important, and it's about time I started to do this properly.

If you believe your mental health has been directly affected by the Post Office as a result of discrepancies in your branch or changes to your working practices, please do get in touch. I would like to put together a body of testimony on this specific subject.

If you wish to discuss this sensitive area, use the contact form on the desktop version of this website (in the right hand nav bar). Or if you're already a secret emailer, just hit reply to any of the secret emails you've been receiving. Both methods are secure, confidential and go straight to my inbox.

UPDATE: I am delighted to tell you that a number of very brave people came forward to tell the story of their anguish at the hands of the Post Office. These are harrowing reads:

Deirdre Connolly - "It's been a living hell."
Tracy Felstead - "They didn't care that I was just this scared girl."
Nicki Arch - "I hate everything about it. I will not go into a Post Office."

For more stories like Deirdre, Tracy, Nicki, Wendy and Bal's, please visit the victim testimony page of this website.

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Post Office reaction to Court of Appeal decision

Pic: EriKolaborator
The Post Office has kept very quiet about the Court of Appeal's thorough trashing of its request to appeal the recusal application judgment, not releasing a peep to the media.

But it did send a short note to its Postmasters via email earlier today. It comes from "Al" Cameron, the Post Office's new (interim) Chief Executive. He says:
"As promised, I want to keep you up to date on the Group Litigation... Over the weekend we were told that the Court of Appeal has refused Post Office permission to appeal on recusal. Our Managing Judge will therefore continue to oversee all trials and the second trial on Horizon issues will resume on 4 June. Permission to appeal the Managing Judge’s interpretation of our contracts will be sought at a hearing on 23 May 2019...
"Our primary focus is on ensuring that we continue to improve how we work with Postmasters, making it easier for them to earn more money for less effort. This covers a number of workstreams from the new field teams, to better training, to new processes and we will update you on our plans and progress in the next few weeks."
Three things on the above:

1) This is the strongest acknowledgment yet that the Post Office will ask for leave to appeal the Common Issues judgment. They've always said they are considering seeking permission to appeal and they have yet to lodge a formal request (they have until Thursday this week to do so), but if the CEO of the PO is telling Subpostmasters it's happening, you can be pretty sure it's happening.

2) I am not quite sure why Mr Cameron decided to use the possessive when describing a judge who has just had to halt a trial to demonstrate that he is nobody's man, but hey.

3) It's interesting he notes the Post Office's "primary focus" is "to improve how we work with Postmasters."

This echoes Post Office Chairman Tim Parker's statement on the day the Common Issues judgment was handed down. He said:
"Our postmasters are the backbone of our business and our first priority will be to consider the points raised about the management of our contractual relationships and how we could improve them. 
"We will make sure that problems brought to our attention by postmasters are investigated even more quickly and transparently. 
"In addition, we will further improve communications with postmasters, as well as the training and support they receive."
Quite what the Post Office are actually doing about this is anyone's guess. I have had one email from an irate Subpostmaster who received a change to his contract ("rubber stamped by the NFSP") on 25 April backdated to 1 April. No warning, no negotiation, no debate. As far as he's concerned the Post Office's attitude to its Subpostmasters hasn't changed a bit.

I was also told by a Post Office insider that even acknowledging things are going to have to change as a result of the Common Issues trial judgment is off limits for anyone within the Post Office as it would lend validity to a judgment which the Post Office intends to appeal.

That, I suppose, is a sensible perspective - after all, if the Post Office appeal is successful, then some of the decisions J Fraser made would be reversed. Or changed. But if the Post Office keeps trying to hump its Subpostmasters for cash whenever there are branch discrepancies, and Postmasters refuse to cough up on the grounds of a disputed High Court ruling which requires the Post Office to prove its Subpostmasters are at fault, it's going to get interesting.

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Saturday, 11 May 2019

Court of Appeal recusal decision

This decision, handed down on 10 May 2019 by Lord Justice Coulson, refuses the Post Office's application to appeal their application to recuse Sir Peter Fraser from the Bates and others v Post Office litigation on grounds of apparent bias.

Sir Peter had already refused to recuse himself and refused permission for the Post Office to appeal on 3 April 2019.

You can read more on the recusal process and the document below in my blog post about it here. Or you can go straight to the source document on scrib'd here, or read it embedded below - it's only 19 pages:

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Fraser J is going nowhere

The Hon. Sir Peter Fraser. Winning.
I thought the Court of Appeal was taking its time with the Post Office's application to appeal Sir Peter Fraser's decision not to recuse (sack) himself from the Bates and others v Post Office group litigation. I was wrong. It made its decision without a hearing yesterday. I am consoling myself with the knowledge I am the first journalist to get a hold of it. You can read it here.

The ruling was made by the Right Honourable Lord Justice Coulson. Over 19 pages he indicates that Sir Peter was bang on about everything in his recusal application judgment and the Post Office's application to have his judgment overturned was "without substance", "misconceived", "fatally flawed", "untenable" and "absurd".

Lord Justice Coulson notes the claimants contended the purpose of the recusal application and application to appeal was to sink the Horizon trial.

He muses: "the mere making of these applications could have led to the collapse of that [Horizon] trial altogether. Although I can reach no concluded view on the matter, I can at least understand why the SPMs [Subpostmaster claimants] originally submitted on 21 March that that was its purpose."

There follows some choice quotes from the ruling broken down into sections. They are all critical of the Post Office.




In summary:

"Permission to appeal against Judgment 4 [the recusal judgment] is refused. I set out the reasons for that conclusion in greater detail than usual only because of the volume and nature of the criticisms which have been made and the importance of the group litigation to both parties. I do not do so because of the merits of the application itself, which in my view is without substance.”

"What matters for the purposes of any recusal application is whether, when looking at Judgment 3 [the Common Issues trial judgment] as a whole, a fair-minded observer would conclude that there was a real possibility that, to the extent that he made such findings, the judge was biased in so doing.... as explained in greater detail below, the PO has not come close to demonstrating it in this case."

The Post Office's obssession with trying to get rid of evidence it doesn't like:

"There is force in the submissions...  that the PO’s strike-out application [made in October last year and rejected in Judgment 2] arose because the PO wished to adduce extensive factual evidence in their favour, but objected to any evidence to the contrary from the SPMs [Subpostmasters]. As they put it, “the Post Office wanted the case decided all one way”. There remains a distinct flavour of that approach within the recusal application."

The Post Office's approach to cherry-picking a 180,000 word judgment:

"As the judge [Fraser J] explained... the PO is now having to argue that the outcome of the sub-trial was irrelevant to the recusal application, and that what mattered were individual sentences, scattered through Judgment 3 which they say amount to a demonstration of apparent bias. The judge thought that was a misconceived approach. So do I."

"The judge said in a number of different places in Judgment 4 that many of the phrases or sentences upon which the recusal application is based are taken wholly out of context by the PO. I agree with that conclusion."

"This is particularly egregious where, as happens repeatedly, the sentence before or the sentence after the phrase/sentence relied on makes clear that, for example, it is not a finding of fact, or it is an observation based on the PO’s own evidence."

"The fair-minded observer would only consider whether the passages relied on gave rise to a real possibility that the judge was biased by considering those passages in full and in context. That is what being “fair-minded'’ requires. I consider that the recusal application and the appeal ignore this basic principle and are fatally flawed in consequence."

The Post Office's behaviour before and during the Common Issues trial:

"The PO’s application is based on a total disregard of what it actually said and did before and during the Common Issues sub-trial... the PO’s skeleton argument, in keeping with the oral
arguments made to the judge, endeavour to present the sub-trial as a clearly-defined, simple set of issues concerned with the construction of contract terms, where factual disputes were few and far between. On any view of the papers, that is a significant misrepresentation, not only of the issues themselves, but also of the way in which the PO itself ran its case before the judge. It raised factual disputes at every turn."

"For the PO now to say - as they do - that actually all of this was irrelevant, and that the judge demonstrated apparent bias by dealing with and making findings upon those matters which the PO itself had put in issue, is an untenable position to adopt."

"For the PO now to complain about the making of findings on these issues, which arose out of the way which they themselves put their case, is absurd."

The Common Issues judgment's alleged mission creep:

"The mere fact that in a lengthy judgment, the judge may have strayed beyond the strict scope of a particular issue, out of thousands in dispute, is, in one sense, neither here nor there. It is quite capable of correction at any subsequent sub-trial."

In his recusal judgment Sir Peter made it quite clear that even if the Post Office's submission for his recusal had any substance he would refuse them anyway due to the way they were made. Lord Coulson agrees:

"It is unnecessary to decide the waiver point, given that, for the reasons I have given, the substantive appeal has no prospect of success. However, it would be wrong to leave this application for permission to appeal without dealing with the timing and manner in which the recusal application was made."

"The judge learned of the recusal application by accident just before the afternoon session of the last day of the factual evidence on the Horizon Issues trial This was at best discourteous; at worst, it betrayed a singular lack of openness on the part of the PO and their advisors."

In conclusion:

“… the scattergun way in [sic] the original application was made, now mirrored in the way that this appeal has been pursued, can be seen in the continually changing nature of the PO’s arguments."

“It is a great pity that the recusal application and this application for permission to appeal have had the effect of delaying the conclusion of the critical Horizon sub-trial. Indeed, the mere making of these applications could have led to the collapse of that sub-trial altogether. Although I can reach no concluded view on the matter, I can at least understand why the SPMs originally submitted on 21 March that that was its purpose."

So there we go. Sir Peter Fraser remains and will remain the managing judge in Bates and others v Post Office until it concludes. The Post Office's attempt to blow him out of the water has failed, miserably.

I have, of course, emailed the Post Office asking for a comment on the ruling, and as soon as I get it, I'll post it up.

Further reading:
Common Issues trial judgment (cheat sheet)
The drama of the day the recusal application was given to the judge
Being in court for the initial recusal application judgment
And because it's now in danger of being overshadowed by the Court of Appeal ruling, a piece I put up yesterday afternoon about a Subpostmaster currently being hounded by the Post Office for £35,000. It's always good to remind yourself why this story exists.

The Horizon trial now definitely re-starts 4 June. I'll be there. Join the secret email gang by donating below and enjoy the build up.

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Friday, 10 May 2019

"The Post Office claim I owe them £35,000, despite never showing or telling me what I have done wrong."

Pete Murray
Many of the cases currently part of the Bates and others v Post Office litigation date back to the first decade of this century, but a large chunk relate to problems with Horizon online, which came on stream in 2010 and a version of which is still in use today.

Subpostmasters were having problems with Horizon online and joining the claimant cohort right up to the July 2017 deadline (cf Liz Stockdale*), and more Subpostmasters who aren't claimants continue to have serious problems with Horizon.

Hope Farm Road Post Office in Great Sutton used to be run by Martin Griffiths, who is sadly no longer with us. Whilst he was Subpostmaster, Mr Griffiths experienced huge, inexplicable discrepancies appearing on his Horizon terminal which the Post Office demanded he repay. He became depressed and eventually took his own life.

The current incumbent at Hope Farm Road, Pete Murray, was not told any of this before he took on the branch. He found, within weeks of taking over, his Horizon terminal was throwing up large inexplicable losses. He was suspended over the Christmas period last year and is facing legal demands from the Post Office to give them £35,000 of his own money.

What follows was written by Pete back in December whilst he was still suspended.

Here is Part 1 of Pete's story, in his own words:

"My problems started on 8 October 2014, when we took over Hope Farm Road. I already had one post office at Grove Road in Wallasey, which I took over in 2013. Apart from being temporarily suspended for problems with accounting for ATM cash (later identified as a gap in my training and wholly resolved in my favour), I did not have any problems at Grove Road.

The contracts manager for both my post offices is now Paul Williams, who also interviewed me for the Hope Farm Road office.

Since I took over at Hope Farm there have been a number of random, sudden and large deficits at close of business on a number of days. We are talking thousands.

Besides the staff member I inherited on buying the business, I also employ two other people on a relief basis from time to time.

All three are vastly experienced with the Horizon computer system. Much more so than me. That said, I am capable with computers and all things numeric. I definitely have more of a maths brain.

The first time there was a sudden shortage, we had no idea where it came from and were unable to find it, so we declared and rolled over a loss. We had no choice. I felt very guilty for apparently losing the money, and of course, I had to repay it.

Then it happened again. And again. And despite going through every transaction each time, nothing could be found.

"Don't trust your staff."

I was away in October for three weeks last year, and I asked a friend to cover two days for me, as the agency I had contracted to provide me with cover could not fill these two one-day gaps.

My friend had just a couple of days counter training in his own post office, but as I was going to be on the other side of the world and he owed me a favour, I crossed my fingers and hoped we would be okay.

During the three week period I was away, a shortage of £17,000 arose. I can't point the finger at anyone. I wasn't there, and I don't know what happened.

On another occasion, the lady who worked at our branch full-time turned to me and said “Look." Her end of day cash declaration was showing a shortage of £8,000. I was 100% convinced it wasn't her.

We went through the system together, and found nothing. The other weird thing is that her stock unit basically almost never had that amount of cash in it - for it to be that short, there had to be a random high value transaction put through by mistake. We searched, and found nothing.

I called the helpline, followed their instructions and got nowhere. I called the helpline again, asking them to put me in touch with Mr Williams.

He never contacted me. I would get letters from the "Agents' Accounting Team" asking me to call them to set up repayments. I called them, on one occasion in tears, saying "PLEASE, can you get someone to come out?"

Eventually the Agents' Accounting Team agreed to "an intervention", and an auditor came out. He spent 20 minutes in the fortress [the secure area behind the counter] with me, chatting about my problems, but he didn't even bother to log into or Horizon, take a look at it or read any of my paperwork. He left me to it.

I called the Post Office head of security, who was on leave at the time. His voice message offered two other mobile numbers. I called one of them, got no answer and left a voicemail.

The man who called back was the Post Office's number two in the security department. He just told me repeatedly “Don't trust your staff.”

He said it over and over again. I was three years or so into being a Postmaster at this time. The staff at my branch had all been doing it for decades, completely professionally and honestly. Or so I thought.

How can I start not trusting these people? I was asking for help from the Post Office, from 5 different departments, all of whom were my gateway to the contracts manager, and NO HELP whatsoever was coming through. All I had was demands for payment. But I still stand on the fact that those losses were not down to me.

It was not until after I bought the Hope Farm Road post office branch that I learned that the previous Postmaster, Martin Griffiths, had taken his own life. He had thrown himself under a bus.

This was after a few years back and forth arguing the case with the Post Office about the shortages.

"They left litter lying around my office."

So far the Post Office have taken a total of £23,000 out of my monthly income. I have debts of £5,000 to my father and a friend and the Post Office still claim I owe them a further £35,000, despite never showing or telling me what I have done wrong.

On the 1 November 2018 I had a surprise audit. There were two people from head office at my Grove Road branch and at three at Hope Farm Road. It was like they already knew they were going to suspend me before the audit even started.  I felt really under pressure and vulnerable. They found another £2,000 discrepancy. I was suspended.

Something that really ground on me was the way these auditors behaved. They left litter lying around my office, coffee cups and wrappers from the bakery next door. They spent the entire time in my office bitching about colleagues.

Also, all three of them were talking about upcoming or just taken foreign holidays and the new company cars all three had recently ordered. Whilst they were going on about which model they'd chosen and the spec they'd gone for my blood was boiling. I can't afford any time off from my branch. I work really hard all day long, every day. I can't take my family away for a weekend, as I can't afford cover in my Post Office. Every day I strive to survive, making money for Post Office, only to listen to three head office staff members chatting away merrily about their lovely cars and holidays, whilst the input of 11,500 postmasters generates their income for them.

Several times during the audit, they called Mr Williams. This is the same Paul Williams who appeared in court during the recent trial [NB the Post Office have got in touch to say it's not]. I did not know the trial was happening until I saw it on twitter.

So when I read the transcript from the court during which the Postmasters' QC asked Mr Williams: “So, you are saying, your team has never had any complaints?” and Mr Williams responded: “No.” I was absolutely gobsmacked. [NB again this appears to be a case of mistaken identity - the Post Office says there are two different Paul Williams here]

To summarize, as a result of the recurring losses in Hope Farm Road Post Office, I have reached out to:

• Paul Williams – I called the helpline on at least three occasions, asking to speak to him, each time being told they will contact him to get in touch – he never has;
• the Agents' Accounting Team – during discussions about how to repay the missing monies, I asked them to please send help. I got a random visit from one auditor who hung around for 20 minutes chatting, basically said 'you're on your own', and left;
• the Post Office Security Team – I called them, they said 'don't trust your staff' repeatedly – and nothing else;
• the Helpline – not just asking for help to contact Mr Williams, but also, on the times I have had losses and gone directly to the helpline for guidance, generally they were clueless and/or unable to help.

"It was humbling, embarrassing, and downright wrong."

Since my suspension, Mr Williams has postponed a 'discussion' meeting twice so far. I've now been suspended three months, when he initially told me it 'could be up to 8 weeks'. The reason, he says, for the delay is that the team who specialise in deeper searches in the Horizon system have not found anything yet as regards the faults in Hope Farm Road.

I was extremely disappointed – then it struck me like a thunderbolt – if such a department exists, to do deeper, more intense searches into Horizon, then why on earth are they not available to do these searches when a postmaster reaches out to them for help?

Whilst I have been on suspension, I received a letter from the “Former Agents' Accounting Team” - FORMER! - demanding a response as to how I was to pay them £35,000. I haven't even had the meeting yet to discuss what happens next, but Post Office have handed my case over to the people who deal with "Former Agents". It seems to me that in their minds, they have already fired me – or at least that they have a system in place that is so automated, that there's a routine to it, and they do this often.

It did strike me that every time I spoke on the phone with the Agents' Accounting Team (Current, not Former), their behaviour on the phone seemed all so matter of fact. It seemed like they are perfectly used to taking card payments over the phone from postmasters, with a brusque efficiency that gives you a feeling that they see you as an unprofessional criminal paying what is owed. It was humbling, embarrassing, and downright wrong. The Post Office have also withheld money which I should have been paid on 1 December 2018, for work completed in October, before the suspension.

I also received a letter from a firm of solicitors, acting for the Post Office (it's very, very nerve-wracking to receive a letter with the heading “Post Office Ltd vs Peter J. Murray” I can tell you), which was basically a demand for me to give them evidence of how I was to repay the money they say I owe them.

I wrote back to the solicitors and said that as I have not yet had a review meeting with the contracts manager who suspended me, how could they be threatening me with legal action? As far as I was concerned, I am not yet an ex-Postmaster. They wrote back retracting their demand, saying as I am still waiting for a meeting with my contracts manager they will not take any steps until after that.

This, whether intentionally or by mistake, is extreme harassment, and strikes me as guilty until proven innocent.

"I have been contacting the Post Office for help, and absolutely NONE has been forthcoming."

Other than the ATM issue at the Grove Road branch, I had no problems before buying Hope Farm Road Post Office – which I later learned has a history of discrepancies going on for years. The first couple of times it happened, I didn't have a clue what caused it, and repaid it, but since it has happened more often and to more than one person, I have been contacting the Post Office for help, and absolutely NONE has been forthcoming.

Based on their refusal to answer my calls for help, along with their brick wall obstacles to prevent postmasters from contacting their contracts manager, how on earth can the Post Office hold me responsible for losses when I have asked repeatedly for their help?

When I read in the court transcript the other week that Mr Williams told the court that his team had received no complaints [See above] I was livid. The reason he's received no complaints was purely because the system is so set up that he could disappear from his desk for a year and none of the postmasters he is responsible for would have any idea.

I am still waiting for my meeting with Mr Williams. As a result, the people in Great Sutton and the people in Wallasey Village have had no Post Office for three months, and it is not fair. My family life is suffering, the stress is causing arguments, and I think it is just not fair that someone who clearly doesn't even watch his patch rules it like a bully – the guy round the corner who has been suspended had not had an audit in OVER 20 YEARS – surely the Post Office should be investigating Paul Williams, and not me?

I just want to walk away from Hope Farm Road and never return, but I have to pay £14,000 a year rent to the landlord. Not only that, now this is all coming out – who is going to want to buy a post office?

I wanted to write this a few weeks ago, and remain anonymous, as my meeting had not yet come up.

Now it has been postponed a second time, and given what they have done to me and to my branches, I think my relationship with Post Office may well be beyond repair, though I can hold my head up high in the knowledge that I have done nothing wrong. So now I just have to get all of the above out there, as I fear the Post Office are trying to silence stories like this, based on what I have seen of the recent court case.

I want to get the debt quashed and walk away from Hope Farm, and for Grove Road, where my wife usually works, to be returned to us and reopened. I believe the Post Office have a moral obligation to acknowledge that their rebuffs and refusals to help over the last two years should make these discrepancies THEIR responsibility, and not mine.”

Shortly after writing this, two things happened. Pete suffered a stress-related stroke on 20 Dec 2018, temporarily losing the use of his arm. Also after having his Subpostmaster pay stopped and losing two months worth of trade at the busiest time of the year (due to his suspension), the Post Office suggested a meeting in early January 2019.

Did Pete get reinstated? Is the Post Office still chasing him for £35,000?

You can read part 2 of Pete's story here: "What kind of games are you playing with human beings' lives?"
You can read part 3 of Pete's story here: "Post Office Ltd see fit and well to treat me like this, pending an 'investigation' which appears not to be taking place."

After my request for comment the Post Office told me its not appropriate to comment on individual cases.

Read more Subpostmaster stories of being pursued and sometimes sacked and prosecuted by the Post Office here: Victim Testimony.

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* Read Liz Stockdale's Witness Statement and the transcript of her evidence via the Common Issues Trial Menu. The judge found Mrs Stockdale to be "a careful and accurate witness, and I consider she was telling me the truth."

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If you can, please help keep this crowdfunded public-interest journalism project going by chucking a few quid in the tip jar below. Contributors who give £20 or more will start receiving regular "secret" emails which have all the info and gossip about this litigation as it makes its way through the courts.

If you want to find out a little bit more about the underlying story, click here.
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