Restriction Order Pursuant to s.19 of the Inquiries Act 2005

Background

Applications for anonymity were submitted on behalf of 2 individuals whom I have designated as core participants to the Inquiry. Pursuant to paragraph 25 of the Protocol on Redaction, Anonymity and Restriction Orders, the open sections of the applications were served upon core participants.

Upon reviewing the applications, I issued a “minded to” decision in which I expressed the provisional view that the applications for anonymity should be granted. This decision was disclosed to core participants who were invited to file written submissions in response to the applications and to my “minded to” decision.

No objections have been made by any of the core participants to the proposed grant of these applications.
 

Determination

For the reasons set out in my “minded to” decision, which is appended to this order, I hereby grant the applications of the 2 core participants who have requested that their identities be protected from disclosure. The Inquiry shall maintain a confidential schedule of the names of those individuals to whom I have granted anonymity.
 

Restriction Order

NOTICE: Any threat to break this order, or any breach of it, can be certified to the High Court or Court of Session under section 36 Inquiries Act 2005, which will be dealt with as though the breach had occurred in proceedings before that court, and may be punishable by a fine or committal to prison.

Pursuant to s.19 of the Inquiries Act 2005, it is ordered that:

(a) The names and addresses of those individuals listed in the Inquiry’s confidential schedule of persons to whom the Chair has granted anonymity, and any other information liable to lead to their identification or the identification of their family members shall not be disclosed or published in any form, unless express permission is given by the Chair of the Inquiry, or the Solicitor to the Inquiry acting on his behalf.

(b) There shall be no disclosure or publication of the closed sections of the applications for anonymity dated 4th April 2024.

(c) This order shall remain in force for the duration of the Inquiry and at all times thereafter, unless otherwise ordered;

(d) Any person affected by this order may apply for it to be varied or discharged on giving 24 hours’ notice to the Solicitor to the Inquiry.

Dated 13th August 2024

Sir Wyn Williams

Chair

‘Minded to’ decision of the Chair – Application for a Restriction Order under s.19 of the Inquiries Act 2005 – 10 April 2024

I have received applications for anonymity from two individuals (“Applicants”) whom I have designated as Core Participants to the Inquiry. They each request that I make a restriction order for anonymity to allow them to participate as Core Participants to the Inquiry. 

The Applicants are related and were sub-postmasters at various times. One of them was accused of fraud after a Horizon shortfall was identified and was suspended. The other was appointed as interim postmaster, whose contract for services was also terminated. The former applicant was arrested, and, after having been investigated for two years, the police confirmed that no further action would be taken in relation to the fraud investigation. The Applicants were prevented from running their Post Office because of the allegations made. The family’s savings were used up in an attempt to support the stores.  One of the Applicants suffered from depression; the other’s personal life was significantly and negatively impacted. In their anonymity applications, the Applicants expressed concerns about the psychological impact upon themselves and their family members if their Core Participant status were made known to the public. 

I understand that the fraud investigation has caused the Applicants and their family members distress and harm. The Applicants have not provided a witness statement to the Inquiry, nor do I envisage that their individual cases would be closely examined by the Inquiry.  I am satisfied that an anonymity order will not inhibit the allaying of public concern, and that, if the Applicants were not granted anonymity, there is a real risk that the Applicants will either withdraw their participation in the Inquiry entirely or refuse to participate to the fullest extent that they are able.

I consider that the participation of those who were or might have been adversely affected by the failings of the Horizon IT System is essential to ensure that the Inquiry achieves its Terms of Reference. I am minded to grant these applications for anonymity. But I invite submissions, if any, from Core Participants before I make a final determination.