Guidance

Capture Redress Scheme: independent panel terms of reference

Updated 13 November 2025

Background

The Capture Redress Scheme (the scheme) is open to applications from individuals without Capture-related convictions.

The scheme addresses financial and non-financial harms to eligible applicants through a structured banding model. An independent panel (the panel) will assess claims holistically and will consider and recognise any evidential challenges posed due to the passage of time.

To be eligible for redress under the scheme, applicants must demonstrate that all of the following apply. They:

• were a postmaster between 1992 and 2000
• used the Capture software in their branch
• suffered a financial shortfall as a result of using the Capture software

The Department for Business and Trade (DBT) will review all information and evidence provided by the applicant to confirm eligibility.

The scheme is delivered by DBT and operates independently from other Post Office redress schemes.

DBT has appointed Dentons as the scheme’s Secretariat, responsible for the panel recruitment and for assisting DBT with the administration of the scheme. This includes subcontracting independent expert panel members and a chair and providing a secretariat function and a Case Management System to DBT.

Purpose

The panel is an independent decision-making body established to assess the claims of applicants deemed eligible for redress by DBT. They will determine the level of financial redress payable to those applicants. 

The panel chair reviews any appeal and oversees governance, consistency and alignment with scheme principles across all panel decisions.

The panel’s objectives

The panel will exercise independent judgement in each case, guided by scheme principles and with the primary aim of ensuring swift and fair redress. The panel will acknowledge any challenges applicants face in evidencing historical losses, considering the passage of time since Capture was used. The panel will assess each case on the balance of probabilities whether a claimed loss was incurred, and the cause of that loss was a Capture shortfall. 

The panel will prioritise working with the evidence and submissions already provided by the applicant, avoiding unnecessary requests for further information, as far as possible. 

For claims referred on appeal, the panel chair will conduct timely assessments while ensuring each claim receives appropriate care and consideration for fair determination.

Composition and governance

Dentons will have responsibility for the selection, instruction and appointment of the panel members and the chair. 

The pool of panel members shall comprise: 

• legal specialists – legally qualified members (for example, retired judges or lawyers) to guide the panel on legal principles 
• subject-matter experts – members with insight into the context of the Post Office scandal, similar miscarriages of justice or an advocate with experience in handling trauma victims 
• healthcare experts – trained medical professionals to help the panel understand the psychological and physical impact on applicants 

The panel chair will be a senior legal expert who will oversee appeals and governance across panel decisions.

Quorum and decision-making

Panel meetings require a quorum of at least 3 panel members present in person or remotely within the United Kingdom. The quorum must comprise at least a combination of a legal specialist, a subject matter expert and a healthcare expert. One member will serve as the panel lead (appointed by Dentons) to guide discussions and decision-making. 

The panel will use its best endeavours to reach a unanimous agreement in relation to the compensation to be awarded to each applicant. They will do this by discussing their views and sharing their rationale for their individual perspectives. 

Where consensus cannot be achieved, the majority view (over 50%) will constitute the panel’s recommendation. 

In exceptional circumstances where a majority decision on award value cannot be reached, the claim will be escalated to the chair for decision.

Meetings

The Dentons secretariat will handle all administrative arrangements. This includes:

• distributing meeting invitations
• case summaries
• supporting materials to panel members
• providing meeting facilities as required

Relevant panel members will receive notice of each meeting. 

Panel meetings will be conducted in person or remotely via Microsoft Teams or other secure electronic platforms that enable simultaneous participation by all members. 

Panels will convene as necessary upon scheme initiation, with additional or ad hoc meetings scheduled subject to panel member availability. Meeting frequency will be reviewed and adjusted according to anticipated case volume. 

To support the scheme’s objective of swift and fair redress, the panel will establish efficient review processes and timeframes for decision-making. Cases will be processed expeditiously while maintaining thorough assessment standards, with target timeframes established for panel reviews and decisions set by DBT. 

After the panel meeting, the secretariat will prepare a letter for each claim recording:

• the panel’s assessment
• the outcome of the claim
• a brief explanation of the reasons for the assessment

Assessment of claims

The panel will assess eligible claims. The secretariat will provide comprehensive application ‘packs’ including all relevant documentation. 

The panel may seek clarification from applicants or legal representatives when necessary. However, the panel will note that applicants will have already confirmed they have conducted reasonable searches. 

If additional evidence is deemed necessary, the panel may vote to adjourn (requiring 2 members’ support). Dentons will then inform parties of submission deadlines. 

The secretariat will provide the panel’s decision in writing following the meeting to DBT. Where appropriate, DBT can seek clarification from the panel. DBT will then send an offer letter to the applicant.

Appeals

An applicant can lodge an appeal after their claim is found not eligible for the scheme or after they receive an offer letter following the panel’s assessment. These appeals will be considered by the panel chair.

Applicants may submit an appeal within 2 months of the panel decision based on one or more of the following 3 grounds: 

• relevant evidence which was not previously provided 
• a procedural error in the application of the scheme’s policy or framework 
• a material factual error 

Applicants may not submit appeals once either 2 months have elapsed without an appeal being made or the offer has been accepted. 

All appeals will be assessed by the panel chair, who will serve as an independent reviewer. The panel chair will assess whether the grounds for appeal have been satisfied. They will also determine whether the eligibility decision or award should be amended or remain unchanged. 

The final determination will be communicated to the applicant or their representative, with any necessary payment adjustments made accordingly. 

Comprehensive records of all appeal stages will be maintained for accountability and audit purposes.

Secretariat

Dentons is responsible for the panel’s procedural and administrative arrangements as a neutral third party. They are also responsible for liaising with parties on procedural matters.

Fees

DBT is liable for all fees and disbursements in line with the contract between DBT and Dentons.

Review and approval

If DBT, the secretariat or any panel members wish to propose new principles or propose to amend existing ones, they should submit a request to the secretariat identifying the principles in question and their rationale. The secretariat will consult all panel members on the proposed changes. Following consultation, DBT reserves the right to determine whether and how principles will be amended or developed. 

This version of the Terms of Reference was approved by DBT on 28 October 2025.