Prosecutions of sub postmasters by the Department for Work and Pensions could be “tainted” as Sky News reveals officials worked with now discredited Post Office investigators to secure convictions.
Around 100 prosecutions of Post Office staff were led by the Department for Work and Pensions (DWP) between 2001 and 2006.
It is understood that these usually involved the cashing in of stolen order books.
The Post Office itself wrongly prosecuted hundreds of sub-postmasters between 1999 and 2015 – based on evidence from the faulty Horizon accounting system.
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A Sky News investigation, however, has discovered that information was shared between Post Office investigation teams and the DWP.
Chair of the Justice Select Committee, Sir Robert Neill KC, said as a result DWP convictions “need to be looked at”.
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“I hadn’t been aware of that, for example, there may have been material in the DWP case as a result of joint investigations – which suggests a disclosure failure,” he added.
“I think that’s the area they need to look at if we are saying their approach was tainted from the beginning – in the way the investigators adopted things – then joint operations I suspect would be just as tainted arguably as something where it has been the Post Office on its own.”
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What was known?
A 2003 DWP report into fraud describes “joint working” and the “sharing of information” with the Post Office.
It also outlines a “Fraud Prevention Board” established by the DWP and Royal Mail Group plc which includes “the exchange of information that directly assists fraud prevention and investigations”.
In addition, separately, a 2003 letter seen by Sky News also indicates a connection between DWP and Post Office investigations.
The letter, from the then post affairs minister Stephen Timms, references the case of Roger Allen, a sub-postmaster from Norwich.
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It states: “Subsequent investigations by the police, the Post Office Investigation Department and the Department for Work and Pensions (DWP) led to a prosecution by DWP…”
Roger Allen was convicted in 2004 of stealing pension payments and was sentenced to six months in prison. He died in March of this year.
Mr Allen had pleaded guilty to spare his wife – after his lawyer told him in a letter that there had been “an indication from the Crown that they may discontinue the proceedings against Mrs Allen were you minded to plead guilty”.
Despite the Criminal Cases Review Commission deciding Mr Allen had grounds to appeal against his conviction – it was upheld by the Court of Appeal in 2021.
DWP prosecutions are not covered in upcoming government legislation that will overturn Post Office convictions.
Fighting to clear names
Keren Simpson, Roger’s daughter, has vowed to fight to clear his name posthumously.
She describes her father as a “proud” and “honest” man who “couldn’t face or deal” with the fact his conviction would not be overturned.
She says “in the end he obviously gave up” and there is “very little surviving evidence” because of the passage of time.
“He’s the innocent one,” Keren states. “I don’t see why he’s got to try and prove it. They have got to try and prove it, and show what evidence they actually had on my dad.
“Because the Department of Work and Pensions have put a statement out saying there was surveillance and witness testimonies and physical evidence to show it.
“Show me it.”
Investigation failures?
Sky News has also seen documents that suggest failures by DWP investigators in a different case in the 2000s.
It involved a sub-postmaster who decided to plead not guilty and was acquitted of stealing by a jury.
In one extract it says a “senior investigating officer” was “willing to admit in open court that (they) had been neglectful in (their) duty in securing evidence”.
Another document appears to show a failure to review transaction logs used as evidence against the sub-postmaster.
Some logs appear to show that the accused did not cash the “dockets”, used to collect pension payments.
Other transaction logs indicate the sub-postmaster was not present at a particular branch when the theft was alleged to have occurred.
Chris Head, former sub-postmaster and a campaigner for others, has also seen the documents and says they point to a “deeply flawed” DWP investigation.
“…they failed to obtain all transaction logs for the entirety of this case, but the ones that they have, they have they clearly haven’t looked at.”
He believes there are “more cases out there” which could be “part of a miscarriage of justice”.
A Department for Work and Pensions spokesperson said: “We do not recognise these claims.
“DWP investigates offences against the welfare system to protect taxpayers’ money, and between 2001 and 2006 a small number of Post Office staff were convicted for welfare-related fraud.
“These cases involved complex investigations and were backed by evidence including filmed surveillance, stolen benefit books and witness statements – they did not rely on Horizon evidence, and this has been accepted by the Court of Appeal.”
The Post Office says it “continues to help other prosecuting authorities to ensure that they have every assistance in taking their work forward”.
“This includes sharing all the information we have in relation to prosecutions which have been brought by other prosecutors.”
Meanwhile, Lord Sikka has tabled an amendment in the House of Lords to the Post Office (Horizon System) Offences Bill to include all DWP convictions.
He called emergency services but soon “water started seeping in”.
“I thought I’m going to have to get out, I’m going to have to smash a window,” Mr Randles said.
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He wound down his and his son’s windows, and climbed out before rescuing his son.
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‘Devastating’ flooding in Wales
“The water was chest high, I held him up as high as I could to keep him out of the water.”
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“It wasn’t raining so heavily, I’ve driven in much worse rain,” he added.
Mr Randles, a self-employed roofer who relies on the car for work, said he remained calm during the ordeal and was helped by the fact that Luca was asleep during the rescue.
Mr Randles’ partner Paige Newsome – who was not in the car at the time – said the incident was “really scary”.
“To think I could have actually lost them both – I don’t know how I would’ve lived,” she said.
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The road has been flooding for at least two decades, the couple said.
“What is it going to take for the council to sort it out? Does a fatal incident have to happen? It’s been going on for years,” Ms Newsome said.
The couple are worried about affording another car as well as Christmas celebrations.
But Mr Randles said: “I’m grateful that we got out safely and that we can spend his first birthday and Christmas as a family.”
Storm Bert has brought more than 80% of November’s average monthly rainfall in less than 48 hours to some parts, the Met Office said.
Around 300 flood warnings and alerts are in place in England, with another 100 in Wales and nine in Scotland, as heavy rain and thawing snow bring more disruption across the UK.
A major incident was declared by Rhondda Cynon Taf County Borough Council in South Wales after homes and cars were submerged in water.
‘It is devastating’
Gareth Davies, who owns a garage in Pontypridd, a town in Rhondda Cynon Taf, told Sky’s Dan Whitehead that flooding has put his small business “back to square one”.
As the River Taff burst its banks, the majority of the vehicles in Mr Davis’s garage were so damaged he says they will have to be written off.
“I am gutted,” he said, standing in his flooded garage, most of which is also covered in oil after a drum tipped over.
“How long is it going to take to sort out? I am going to lose money either way. I can’t work on people’s cars when I am trying to sort all of this out.
“It is devastating.”
Mr Davies said he has never had an issue with water coming into his garage until now.
Pointing to one car that had been hoisted into the air before water reached it, he said: “Lucky enough, I did come in this morning just to get that car up in the air.
“I don’t know what to say, I have been working flat out for two years to build this up and something like this happens, and it just squashes it all.
“This has put me back to square one.”
At least two to three hundred properties in South Wales have been affected by flooding, Councillor Andrew Morgan, leader of Rhondda Cynon Taf Borough Council, said on Sunday.
He said the affected buildings are a mixture of residential and commercial properties, after the weather turned out to be worse than what was forecast.
The Labour MP behind the assisted dying bill said she has “no doubts” about its safeguards after a minister warned it would lead to a “slippery slope” of “death on demand”.
In a strongly worded intervention ahead of Friday’s House of Commons vote, Ms Mahmood said the state should “never offer death as a service”.
She said she was “profoundly concerned” by the legislation, not just for religious reasons, which she has previously expressed, but because it could create a “slippery slope towards death on demand”.
Asked about the criticism, Ms Leadbeater said: “I have got a huge amount of respect for Shabana. She’s a very good colleague and a good friend.
“In terms of the concept of a slippery slope, the title of the bill is very, very clear.
“It is called the Terminally Ill Adults (End of Life) Bill. It cannot include anybody other than people who are terminally ill, with a number of months of their life left to live. It very clearly states that the bill will not cover anybody else other than people in that category.”
She wants people who are in immense pain to be given a choice to end their lives, and has included a provision in the legislation to make coercion a criminal offence.
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The matter will be debated for the first time in almost 10 years on Friday, with MPs given a free vote, meaning they can side with their conscience and not party lines.
As a result, the government is meant to remain neutral, so the intervention of cabinet ministers has provoked some criticismfrom within party ranks.
Labour peer Charlie Falconer told Sky News Ms Mahmood’s remarks were “completely wrong” and suggested she was seeking to impose her religious beliefs on other people.
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Kevin Hollinrake says he will be in favour of the assisted dying bill
Asked about his comments, Ms Leadbeater said it was important to remain “respectful and compassionate throughout the debate” and “for the main part, that has been the case”.
She added: “The point about religion does come into this debate, we have to be honest about that. There are people who would never support a change in the law because of their religious beliefs.”
Ms Leadbeater went on to say she had “no doubts whatsoever” about the bill, which has also been objected by the likes of Health Secretary Wes Streeting and former Labour prime minister Gordon Brown.
Asked if she has ever worried about people who don’t want to die taking their own lives because of the legislation, Ms Leadbeater said: “No, I don’t have any doubts whatsoever. I wouldn’t have put the bill forward if I did.
“The safeguards in this bill will be the most robust in the world, and the layers and layers of safeguarding within the bill will make coercion a criminal offence.”
There is a lot at stake this week for Sophie Blake, a 52-year-old mother to a young adult, who was diagnosed with stage four cancer in May 2023.
As MPs vote on whether to change the law to allow assisted dying, Sophie tells Sky News of the day her life changed.
“One night I woke up and as I turned I felt a sensation of something in my breast actually move, and it was deep,” she says, speaking from her home in Brighton.
“Something fluidy, a very odd sensation. I woke up and made a doctor’s appointment.”
Sophie underwent an ultrasound followed by a biopsy before she was taken to a room in the clinic and offered water.
“They said, ‘a hundred percent, we believe you have breast cancer’.”
But it was the phone call with her mother that made it feel real.
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“My mum had been waiting at home. She phoned me and said ‘How is it darling?’ and I said ‘I’ve got breast cancer,’ and it was just that moment of having to say it out loud for the first time and that’s when that part of my life suddenly changed.”
Sophie says terminal cancers can leave patients dreading the thought of suffering at the end of their lives.
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“What I don’t want to be is in pain,” she says. “If I am facing an earlier death than I wanted then I want to be able to take control at the end.”
Assisted dying, she believes, gives her control: “It’s an insurance policy to have that there.”
Disability rights advocate Lucy Webster warns that for people like Sophie to have that choice, others could face pressure to die.
“All around the world, if you look at places where the bill has been introduced, they’ve been broadened and broadened and broadened,” she tells Sky News.
Lucy is referring to countries like Canada and Netherlands, where eligibility for assisted deaths have widened since laws allowing it were first passed.
Lucy, who is a wheelchair user and requires a lot of care, says society still sees disabled people as burdens which places them at particular risk.
“I don’t know a single disabled person who has not at some point had a stranger come up to us and say, ‘if I were you, I’d kill myself’,” she says.
The assisted dying bill, she says, reinforces the view that disabled lives aren’t worth living.
“I’ve definitely had doctors and healthcare professionals assume that my quality of life is inherently worse than other people’s. That’s a horrible assumption to be faced with when [for example] you’ve just gone to get antibiotics for a chest infection. There are some really deep-seated medical views on disability that are wrong.”
Under the plans, a person would need to be terminally ill and in the final six months of their life, and would have to take the fatal drugs themselves.
Among the safeguards are that two independent doctors must confirm a patient is eligible for assisted dying and that a High Court judge must give their approval. But the bill does not make clear if that is a rubber-stamping exercise or if judges will have to investigate cases including risks of coercion.
Julian Hughes, honorary professor at Bristol Medical School, says there’s a very big question about whether courts have the room to take on such a task.
“At the moment in the family division I understand there are 19 judges and they supply 19,000 hours of court hearing in a year, but you’d have to have an extra 34,000,” he explains.
“We shouldn’t fool ourselves and think that there wouldn’t be some families who would be interested in getting the inheritance rather than spending the inheritance on care for their elderly family members. We could quickly become a society in which suicide becomes normalised.”