Journal of Trading Standards Winter 2020

✚

Wake-up call

Time for trading standards to become more inclusive

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Jacqueline Minor

The consumer protection expert talks Brexit dangers

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A year for heroism

Trading standards heroes make their mark in 2020

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Going global

UK ECC plans to expand its horizons beyond Europe

Winter 2020 | www.journaloftradingstandards.co.uk

UNITED

WE STAND

Under the shadow of Covid and with Brexit looming, trading standards services across the nations of the UK hold together as one

M O RE PEO PLE TH A N E V ER W I LL B E

SHOPPING ONLINE THIS CHRISTMAS Christmas is always a challenging time for trading standards services, with increased concern around product safety, counterfeiting and fair trading issues. For Christmas 2020, the busiest shopping period of the year will happen with tiered coronavirus restrictions still in place around the UK. It is expected that consumers will be relying on ecommerce more than ever and this will add to the risk of detriment, especially with uncertainty about recourse post-Christmas for goods purchased in the EU.

CTSI IS WORKING IN PARTNERSHIP WITH OPSS ON A CONSUMER SAFETY AWARENESS CAMPAIGN, FOCUSSED ON TOYS. We’re asking consumers to: ⊲ Check that online deals are not too good to be true ⊲ Buy gifts from reputable retailers only ⊲ Always read the warnings and instructions ⊲ Make sure gifts for children are appropriate for their age and needs ⊲ Look out for button batteries, small parts and strangulation hazards ⊲ Check for product recalls before buying And reminding businesses that: ⊲ Age ranges should always be clearly marked ⊲ Reputation matters – carefully assess goods to be resold ⊲ Consumers need clear contact details – including a postal address and telephone number – in case there’s any problem with the goods.

You can support this campaign with materials available for download from the gov.uk website (search ‘online toy safety’), by sharing the video and posters from CTSI and by using the hashtag #shopsafely

Materials for this and other consumer safety campaigns can be downloaded from https://www.gov.uk/guidance/consumer-safety-awareness-campaigns-materials

Journal of Trading Standards WINTER 2020

Leader

BETTER TOGETHER As we come to the end of 2020, CTSI has a great opportunity to take stock of the events of the past year and to consider what are likely to be the major challenges of the year ahead. We also have an opportunity to look at the things we can all do better, both as an organisation and a profession.

It goes without saying that the COVID-19 crisis has Wendy Potts wreaked havoc on many people’s lives, as well as turning Chair, CTSI working practices on their head. But it has also had some unexpected upsides. Video-conferencing and remote-working have in many ways led to better communication and stronger collaboration between colleagues. The crisis has also brought out the best in trading standards, as the tireless dedication of this year’s Hero Awards winners “Improving how we work shows (see page 30).

Improving the ways in which we together and communicate work together and communicate with one another is something with one another is something I am very keen to address during my I am very keen to address” tenure as Chair.

Part of that involves making membership of CTSI more inclusive. The shocking death of George Floyd in the US served as a international catalyst for change, and CTSI has a duty to examine what it can do as an organisation to raise the bar for equality and inclusivity in trading standards and beyond. The new Race & Equalities Working Group has been set up with precisely this goal in mind (see page 22).

Against this backdrop of traumatic events, the ongoing Brexit negotiations have provided another source of concern for trading standards. As the Journal goes to press, the clock is still ticking on a deal, and as CTSI Brexit Think Tank advisor Jacqueline Minor explains (see page 42), uncertainty over the UK’s post-EU future has real implications for consumer protection. Its political fallout also has implications for the enforcement landscape across the four nations of the UK, as our cover story examines (see page 16).

None of us can predict what comes next. But by doing our best to learn from the past, and to understand the present, we have a chance of building a better future for us all.

www.JournalofTradingStandards.co.uk

Editor-in-Chief:

Eleni Chalkidou Managing Editor:

Richard Young Designer:

Sam Millard Consultant:

Paul Thomas Evans Lead Developer:

Michael Sadler Videographer:

Panji Kaonga Contributors:

Kerry Auger, Kris Hicks, Karin Layton Writers:

Mansoor Iqbal, Michael McCaw, Helen Nugent, Katie Thompson, Richard Young Article suggestions and feedback should be sent to: editor@JournalofTradingStandards.co.uk The Journal of Trading Standards magazine and website are produced on contract by Fourth Estate Creative Ltd. www.fourthestatecreative.com connect@fourthestatecreative.com Printed in the UK by Manson Group Distributed by Gold Key Media Published by the Chartered Trading Standards Institute, 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon SS15 6TH. www.tradingstandards.uk 01268 582 200 © 2020, Chartered Trading Standards Institute. All rights reserved.

Views expressed by the authors are not necessarily the views of CTSI.

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CPPD allocation for each course completed

Free EU Exit training for trading standards professionals

Delivered by CTSI consumer law experts, this extensive programme of digital content will provide you with the vital information affecting trading standards regulation and an opportunity for you to “ask the experts�.

Suitable for all trading standards professionals from students to practitioners:

3 refresh your knowledge 3 maintain your competencies 3 keep up to date with current legislation

EU EXIT PODCAST SERIES

EU EXIT DIGITAL TRAINING

3 increase your understanding of the implications of your work

EU EXIT E-LEARNING PORTAL

3 get answers to your questions 3 obtain CPPD certificates

DIGITAL TRAINING NOTIFICATION

To find out more visit:

www.tradingstandards.uk

Eleni Chalkidou Eleni is JoTS Editor-in-Chief.

Richard Young

COLUMNS

Richard is JoTS Managing Editor.

Matt Allwright

E D I TO R I A L B OA R D

E D I TO R S

Editorial

Paul Ramsden

Wendy Potts

Robert Taylour

Interim Chief Executive, CTSI

Chair, CTSI

Immediate past-Chair, CTSI

Wendy was elected as Chair in September 2020. She is also Chair of the Business Members Group. She was made a CTSI Fellow in 2017.

Robert is Chair of the Regulatory Compliance Officer Apprenticeship Scheme and the Race & Equalities Working Group.

Paul has been a NonExecutive Director at CTSI and was Chair of the Audit & Finance Committee.

Matt is a journalist and presenter of the BBC’s Watchdog and Rogue Traders.

Sarah Caughey Sarah is Head of Policy at CTSI.

Laura Kane

C O N T R I B U TO R S

Laura is CTSI Policy Executive.

Tendy Lindsay

Damien Doherty

David MacKenzie

Chartered Trading Standards Practitioner

Chief Inspector for Northern Ireland Trading Standards Service

Trading Standards Manager, Highland Council

Tendy sits on the CTSI Council and is Vice-Chair of the CTSI Race & Equalities Working Group.

Damien has 16 years’ experience and focuses on scams and doorstep crime.

David is a CTSI Lead Officer for e-Commerce with 27 years’ experience in the trading standards profession.

LEGAL

Alexander Greenwood Alexander is Barrister at Law at Apex Chambers and is a door tenant at Gough Square Chambers.

ACADEMIC RESEARCH

Dr Chloe Hawkins

Phil Owen

Gareth Walters

Christine Heemskerk

Service Director Profession Relationships, CTSI

Manager, Monmouthshire Trading Standards Service

Independent Consultant

Phil has experience across private, public and not-forprofit sectors with a focus on regulatory outcomes.

A CTSI Fellow since 2013, Gareth is Branch Secretary for Wales and Chair of the Welsh Animal Health Panel.

Christine is a self-employed consultant to the trading standards profession and a CTSI Lead Officer for Product Safety.

Giles Speid

Prof Louise M Hassan

Sara Barry

Trading Standards Team Manager, North West Westminster

Professor of Consumer Psychology, Bangor Business School

Head of Safer Communities, Lincolnshire CC

Giles is a trading standards officer and sits on the Race & Equalities Working Group.

Louise specialises in understanding consumer protection issues.

Chloe is Lecturer in Criminology and Cybercrime at the University of Portsmouth’s Institute of Criminal Justice Studies.

CPPD

David Pickering David is a Chartered Trading Standards Practitioner and CTSI Lead Officer for Food Safety.

www.JournalofTradingStandards.co.uk

Sara is Former Chair of CTSI and has led Lincolnshire CC through major budget cuts.

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Contents NEWS & FEATURES

COVER STORY

FEATURE

16

22

08 | Upfront

Our regular look at the headline news in trading standards.

13 | Matt Allwright Traders’ efforts to entice new business can create knock-on problems for enforcement.

14 | Opinion: Laura Kane

In 2020 the challenges facing trading standards have multiplied dramatically.

27 | Academic research Examining the experiences of fraud victims who have been helped by trading standards.

Rule of four How do everyday trading standards enforcement practices and priorities differ across the four nations of the UK?

Wake-up call The new CTSI Race & Equalities Working Group has been set up to help encourage a more inclusive and diverse profession.

OPINION

FEATURE

26

34

30 | Hero Awards 2020 This year’s CTSI Hero Awards recognised those who went above and beyond.

36 | Impacts & Outcomes

ACTSO’s latest report highlights trading standards’ impressive achievements

40 | Copycat brands Does trading standards have a role in tackling copycat versions of products?

46 | UK ECC

The consumer advice network is looking at ways of spreading its work internationally.

48 | CPPD

The legacy of (un)conscious bias The experiences of some BAME trading standards officers show how much mindsets need to change, says Giles Speid.

Time well spent Brandon Cook is standing down as Lead Officer for Age-Restricted Sales after two decades of making a real difference.

INTERVIEW

FEATURE

42

38

The key issues as the UK extricates itself from EU-based food standards legislation.

52 | Legal

Advice for prosecuting officers when making use of the CPRs or the Fraud Act.

56 | Diamond terminology New guidance for the diamond trade is also a useful resource for trading standards.

58 | Last Word

The events of this year have forced many of us to reorganise our lives around work.

www.JournalofTradingStandards.co.uk

Jacqueline Minor The consumer protection expert discusses why lack of clarity around EU Exit presents real challenges for trading standards.

A green light for rogue traders?

Concerns have been raised about the potential of the government’s Green Homes Grant Scheme to attract rogues.

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Journal of Trading Standards WINTER 2020

Upfront 60 SECONDS

BREXIT THINK TANK

UK ECC IN DEMAND Consumer requests for assistance from the UK ECC have rocketed, even as it faces an uncertain future under EU Exit (see p46). Enquiries from members of the public rose 34%, in part due to the COVID-19 crisis. At the beginning of the pandemic, a record 1,000 consumers sought its advice on flight cancellations.

COMPLAINTS RISE An increase in online consumer spending due to the COVID-19 lockdown has led to a rise in consumer complaints about goods purchased on the internet. The Citizens Advice Consumer Service reported a near doubling of complaints from March to April 2020 when compared to the same period in 2019.

EU ONLINE SHOPPING Some EU-based sellers might not honour their commitments to shoppers in the case of a no-deal EU Exit, CTSI has cautioned. “Some may choose to not refund or replace goods,” said Lead Officer Robert ChantryPrice. “Consumers should always thoroughly check the terms and conditions of the sale.”

BREXIT THINK TANK UPDATE CTSI gathered together experts in the areas most influenced

by EU membership to form its Brexit Think Tank. Their findings have been updated in a new booklet for 2020

INTERIM CTSI CEO Paul Ramsden is CTSI’s interim Executive Director until a permanent appointee to the Chief Executive role is found.

Ramsden has been a NonExecutive Director at CTSI and was Chair of the Audit & Finance Committee. He has worked in trading standards, at TSI and most recently a charity.

08 |

To read the latest booklet from the CTSI Brexit Think Tank, visit journaloftradingstandards. co.uk/brexit

The UK's withdrawal from the EU could have a potentially all-pervading effect on the work of trading standards, regulators and consumer protection specialists.

As the CTSI Brexit Think Tank has examined the key issues from the point of view of specific areas of trading standards enforcement, several broad cross-cutting concerns have emerged.

The first of these concerns is budgetary. While CTSI supports the government's ambitions for 'high levels of consumer protection' after the end of the EU Exit transition period, it believes these ambitions are hugely undermined by cuts to frontline

trading standards that amount to a halving of trading standards resources in less than a decade.

CTSI is also concerned that the government's commitment to 'reciprocal high standards of consumer protection' will not be secured. Certain key regulations and networks simply cannot be unilaterally recreated by the UK, given that they require reciprocal agreement and action from the remaining 27 EU member states.

CTSI is urging the government to work closely with trading standards to shape the new regulatory environment into one that meets the needs of modern businesses and consumers.

Winter 2020

Journal of Trading Standards WINTER 2020

BREAK DOWN

“Since March we have seen so many different instances of fraudsters using the pandemic as an opportunity to defraud the public. I am particularly concerned that elderly and vulnerable individuals may be at risk.”

The key quotes and numbers from the past year of tackling scams

Katherine Hart | CTSI Lead Officer for Doorstep Crime

201,795 Friends Against Scams recruited in 2019/20, bringing the total to more than 414,144.

21,000

Scam victims supported by local authority services in England and Wales, according to ACTSO.

£22.7m

Saved for consumers by the NTS Scams Team through investigations and disruption work.

10

Water, telecoms and energy firms have signed up to the new Utilities Against Scams initiative.

“By investigating and stopping criminals and rogue traders, trading standards not only protects some of the most vulnerable people in society, but also supports legitimate businesses so they can thrive and grow.”

Steve Ruddy, Chair, Association of Chief Trading Standards Officers

Scam watch Highlighting some of the most startling scams from the past six months

Test & Trace trick An ongoing scam posing as part of the UK Government's COVID-19 Test & Trace system has spread to Scotland. Individuals have received WhatsApp messages claiming to be from the Scottish Government. If the recipient messages back, they are asked for personal details which could be used for identity theft.

Puppies for presents

Marshal lawbreakers

People in search of a puppy for Christmas are being warned to look out for scams. High demand during the COVID-19 lockdown period has led to prices doubling, with popular breeds selling for £3,000 or more. This has also encouraged more puppy farming, with puppies often being bred in appalling conditions.

Criminals have posed as COVID-19 marshals and health professionals to gain access to homes, according to reports received by CTSI. The scam is similar to other incidents in which fraudsters pose as healthcare workers offering fake COVID-19 testing kits. Legitimate marshals do not have the right to enter homes.

www.JournalofTradingStandards.co.uk

Scams and taxes A new phone scam from individuals posing as HMRC has emerged.

The caller claims the recipient has underpaid their council tax, due to a supposed change in their tax band under COVID-19 measures. One caller threatened a target with a visit from the police and arrest if they did not hand over personal details.

Court out A series of bogus texts inviting recipients to perform jury service or delay it at a cost have been sent to members of the public.

The texts host a link to a scam website clad in UK Government branding which asks the target to confirm that they can perform jury service, or to postpone for six months for a fee of £34.99.

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Journal of Trading Standards WINTER 2020

Upfront

VOICES FROM THE FRONT LINE

What has been the impact of the COVID-19 crisis on your day-to-day activities?

Lee Ormandy DEPUTY TEAM MANAGER, BUCKINGHAMSHIRE & SURREY TRADING STANDARDS

“At the start of lockdown, we began weekly calls to over 200 residents identified as being most vulnerable and potentially susceptible to fraud and scams”

10 |

The most obvious change to working patterns has been working from home. One strength all TSOs share is the ability to adapt, react quickly and to be flexible.

Luckily we had already started to work remotely before lockdown occurred so a lot of the infrastructure was already in place.

The biggest issue was the inability to conduct in-person visits or inspections. While this was frustrating from a regulation point of view, it proved very challenging when dealing with safeguarding issues of vulnerable residents.

At the start of lockdown, we began weekly calls to over 200 residents identified as being most vulnerable and potentially susceptible to fraud and scams.

The aim was to prevent fraud, but in turn they also provided much-needed wellbeing support – especially for those socially isolated or shielding. It enabled timely interventions in incidents, nuisance and scam cold calls to be blocked using call blocking technology, and provided us with information which we then shared with the community.

These calls enabled our officers to develop a close bond with our residents, and it was rewarding to see the difference they were making.

The move to remote working also allowed us to be innovative in our approach to prevention.

We moved our training from the traditional classroom model to online, and now deliver content such as Friends Against Scams and Scam Champions at least once a month to between 15 and 20 people at a time. We will be adding Business Against Scams to our portfolio as we start to focus on businesses.

We also use virtual methods to deliver training to other agencies such as the police, Fire Service and Neighbourhood Watch, and because it is online anyone can register. At the request of the District and Borough Councils within Surrey we have started doing live-streamed public engagement sessions, including Q&As on trading standards matters, the last of these had a reach of 7,000 people.

Do you think enforcers and businesses in your area are prepared for EU Exit?

For businesses I think it’s a mixed picture. Some are very organised and have put a lot of things in place ready for Brexit. But on the whole no – mainly because we don’t know what many of the changes will be until we know if we have a deal with the EU and what it looks like if there is one.

There is also a disparity be-

Three front-line trading standards officers discuss COVID-19, EU Exit and the key issues they face day-to-day.

tween big businesses that have the resources to plan for all Brexit eventualities many months in advance and small businesses, some of which still struggle with the concepts despite advice and training from OPSS which was helpful, and the very good CTSI EU Exit podcasts.

For enforcers I think we are all still a little unclear as some of the time we would have spent preparing has been redirected to COVID-19 activities. However, I believe we are as prepared as we can be, given the current extraordinary circumstances.

What else have you been particularly focused on this year?

Our main mission has been to protect individuals, communities and businesses from harm and financial loss caused by opportunist criminals, focusing on the wellbeing of residents and businesses.

By supporting SMEs through extreme financial circumstances, we bolster local economic growth. And by tackling deceptive and unfair trading practices we enhance community protection and help stop families and individuals falling into financial distress. The collapse of a business will also have a detrimental affect on the mental wellbeing of the staff and their families.

Winter 2020

Journal of Trading Standards WINTER 2020

Christina McNiece INSPECTOR, NORTHERN IRELAND TRADING STANDARDS SERVICE What has been the impact of the COVID-19 crisis on your day-to-day activities?

When the crisis hit back in March, the service had to quickly switch to working from home. I already had a laptop with which I could access the system and databases from home. There were others, however, who were not ready for remote working and a lot of effort had to be put in to ensuring all staff were set up,

Gary Singh PRINCIPAL TRADING STANDARDS OFFICER, BIRMINGHAM TRADING STANDARDS

www.JournalofTradingStandards.co.uk

with some individuals within our own department going above and beyond to help.

Consumerline, the Northern Ireland Trading Standards call centre, has seen an enormous rise in complaints and queries, and with some call centre staff still not set up remotely, it was all hands on deck to assist with dealing with consumer complaints and queries.

The job as an Inspector had to change to more online and phone contact, whereas before we would have been out and about regularly. This hinders us in some ways as contacting traders is more challenging and they are more readily able to avoid getting back to us.

Many of the staff in the service, including myself, also had small children who were sent home from school. With no other childcare facilities available, we had to continue to work whilst being parents and home-school-

ing. My own working pattern had to change somewhat, with catching up on lost time in the evenings and weekends when my husband returned home. This still proves difficult and disrupting.

The COVID-19 crisis raised concerns that may not have been a priority previously such as price-gouging, event cancellations, travel, scams and doorstep crime. Different teams within the TSS in Northern Ireland have concentrated on different areas as they have arisen.

I was involved with my team in contacting traders who were identified as potentially price-gouging at the beginning of the lockdown. More recently my team have also been involved in contacting travel agents within Northern Ireland who have refused to provide refunds.

Unfortunately, enforcers and businesses in Northern Ireland are not yet fully prepared for EU Exit. As organisations await the conclusion of the negotiations between the UK Government and the EU Commission, many issues and fundamental questions remain unanswered.

In recent weeks several retail groups and large national supermarkets have asked for extensions and assistance to minimise potential disruption in January.

NI TSS staff have availed themselves of the useful information provided by the CTSI EU Exit Portal and related virtual training; sufficient preparations will always depend on sufficient clarity.

There are also a number of staff in new EU Exit roles preparing and planning for what lies ahead.

What has been the impact of the COVID-19 crisis on your day-to-day activities?

have come out the other end now and we can see that the new way of working may well be the norm for some time to come.

wall. Trading standards have done their part where they can and no doubt we will get advice from our national bodies.

Do you think enforcers and businesses in your area are prepared for EU Exit?

I think the issues surrounding EU Exit for particularly small businesses are going to be profound.

The delay to any agreement between the EU and UK inevitably leads to uncertainty, the markets don’t like uncertainty and certainly businesses don’t.

I think this will no doubt lead to many businesses going to the

What else have you been particularly focused on this year?

Generally speaking, it has made everything more difficult and slowed down processes. Early on in the crisis, Birmingham Trading Standards were tracking down non-compliant personal protective equipment (PPE). It appeared everyone wanted to get on the bandwagon and manufacture PPE – in some instances having little regard for compliance.

We were all working from home, which made things much more complicated. I think we

What else have you been particularly focused on this year?

Do you think enforcers and businesses in your area are prepared for EU Exit?

As one of the largest Trading Standards Authorities, we continue to focus on areas of concern to our residents and to that end we have not lost sight of our core areas of activity, being underage sales, doorstep crime, consumer safety, illicit tobacco and alcohol, hallmarking and intellectual property crime.

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The Basics

Concise Guidance

Detailed Information

Need-to-know on trading law

What, where and how you sell

In-depth detailed guides

KE E P YO UR B U S I N ESS AT I TS PEA K use our free legal advice to stay on top

www.businesscompanion.info

Matt Allwright

Matt Allwright Matt is a journalist and presenter of the BBC’s Watchdog and Rogue Traders.

The dangers of disloyalty Traders’ efforts to entice new business can not only leave loyal customers out of pocket – they can create knock-on problems for enforcement too

Brand loyalty, and the fear of reputational loss that goes with breaching that, has always played an important part in our consumer landscape

Winter 2020

They say turkeys won’t vote for Christmas. In my house they might have, because my mum’s sense of consumer justice ensured that any poultry products to be readied for our big day would have had the sort of pre-prandial lifestyle to which Melania Trump would aspire. We once received a sub-par bird from the local supermarket where she shopped every other day. The poultry manager, fearing for his career, visited our home to inspect it, agreed it was a wrong’un, and ensured that, on Christmas Eve, another was brought BY TAXI thirty miles from an independent butchers. That’s how important our loyalty was to them.

The centuries-old equation of rewarding loyalty with improved service and incentives seems in many quarters to have been turned on its head recently, and it’s something that has troubled me. The highly competitive market of broadband/mobile/TV is a case in point, with providers luring in new customers with attractive deals, but failing to offer the same deals to customers who may have been with them for years.

It’s led to the #treatloyaltylikeroyalty campaign, which highlights areas where customers receive worse treatment the longer they stay. It’s most obvious in utilities, but you can see elements of it across supermarkets, the high street and online. Brand loyalty, and the fear of reputational loss that goes with breaching it, has always played an important part in our consumer landscape, rewarding the businesses that give satisfaction over an extended timescale.

Deregulating markets in what we buy has given us many positives – consumers can pick and choose, switch

quickly and easily, and entertain disruptors who do things differently – but there’s a downside. You have to ask yourself if, at some point, the marginal and temporary gains from switching justify the headspace given over to weighing up the benefits of a move, not to mention the waste that comes with constantly enticing new customers, installing new equipment and setting up payments. After all, the products themselves often don’t change substantially – a kilowatt hour is a kilowatt hour and, not to put too fine a point on it, quality customer service may well suffer if the relationship is on the basis of a series of one-night stands rather than a lengthy engagement.

The other thing that suffers in this new, flirty, commitment-phobic consumer landscape is enforcement. If firms don’t worry about reputational loss because customers are easy-come, easy-go, then the powers that we have to make them behave are also diminished. We know that prosecutions are a last resort, and in some ways represent a failure to persuade firms to reform by other means. If we continue to pretend that we can instead use a threat to a company’s good name to bring them in line, we could well be the prize turkeys for whom someone’s just called a cab. n

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Think Piece

Don’t feed your gremlins after midnight Laura Kane Laura is Policy Executive at CTSI

In 2020 the challenges facing trading standards have multiplied dramatically, each one a source of potential mischief and harm – but let’s not get too overwhelmed The past year has been a tumultuous one.

It has also made clear that the work of trading standards does not dwindle, but rather seems to multiply, just like the little fluffy creatures in the film Gremlins after a midnight snack. But the issues faced by the profession are anything but fluffy. We have seen our colleagues at the coal face this year, working side-by-side with other regulatory agencies, dealing with brand new and serious consumer and business issues.

The entire environment in which advice and enforcement operates seems to be transforming at a pace faster than anyone can keep up. The switch from bricks to clicks has been accelerated by COVID-19 and the way consumers shop

14 |

has changed, seemingly concretely, due to a deep and natural desire to protect themselves and their loved ones.

I once read that if you want to build a habit, you must do the activity for 28 consecutive days and voilà, a habit will be formed. How many days now is it that we have been staying in and shopping at home? I was never an online grocery shopper, but I am now. I’ve developed a new habit. I also made more impulsive purchases for a lockdown pick-me-up, which I think a lot of people did too, judging by the frequency of delivery vans in my street.

These new types of transactions taking place, as businesses change the way they operate at speed to stay

The entire environment in which advice and enforcement operates seems to be transforming at a pace faster than anyone can keep up

Winter 2020

Journal of Trading Standards

Consumer confidence in certain areas, such as the holiday and accommodation sector, seems to be at an all-time low

diversity and equality at heart. CTSI has begun an inward look in this regard with the formation of the Race and Equalities Working Group, with which I have been involved (see page 22).

afloat, can create risks for consumers in many areas of trading standards such as product safety, food standards and scams. In a new, online and distancefocused environment, there are questions about how the profession prioritises its activities using intelligence, where it gets that intelligence and how it practically enforces legislation.

A business can be formed in mere seconds on social media sites, and can be deleted in an instant. Where does trading standards sit in this sphere?

Cultural shocks Then there is the recovery from the massive shocks to our system and the consumer protection regime we know and love. Consumer confidence in certain areas, such as the holiday and accommodation sector, seems to be at an all-time low, with major household names having to be cajoled by the Competition

www.JournalofTradingStandards.co.uk

and Markets Authority to provide legally required refunds.

All of this is a shock to the consumer, business and the economy. Trading standards were called upon to swoop in, answer and advise on seemingly impossible questions on enforcement of consumer rights in a global crisis.

The impact of EU Exit and its practical, day-to-day implications will not really become clear until next year and there is a need to prepare now to help business, and consumers over the hurdle of new rules and regimes. I’ll need a pet passport for my gremlin!

We have also witnessed the tragic killing of George Floyd, which has given a new urgency to ensuring our actions and policies respect everyone within our society. All of this says to me that the profession must move with the times. One way to do this is to expand the profession with the principles of

Identifying priorities We also face the conundrum of enticing a new and diverse range of entrants into a profession which has, quite rightly, been beating the drum of diminishing resources.

The solution to this has to be convincing Government to adequately support the profession. This is what the policy team at CTSI has been working on this year with its efforts to identify priorities and recent implications across the four nations of the UK. We have been doing a stock take, and a look to the future. We know that getting ourselves involved in important conversations, working with other organisations who can help us and providing real tangible output on key areas will enable us to make the case.

There is one positive to come out of 2020; I have met with and spoken to more people online than would have been physically possible in person.

CTSI has strengthened and added to its stakeholder network and had invaluable dialogue across the profession. We now have a better view on the impacts of these major changes facing trading standards and business. We can continue to collaborate and learn from these networks and stakeholders to inform policy and support and bolster the profession going forward. n

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Cover story

By Helen Nugent

RULE OF

FOUR 16 |

Winter 2020

Journal of Trading Standards

Trading standards enforcement practices and priorities differ across the four nations of the UK, depending on the unique challenges they face. Yet trading standards itself remains united, working to protect the public even in difficult times Whether it’s tackling rogue traders, dealing with loan sharks or preventing underage knife sales, trading standards services are all-encompassing and farreaching. And everything is done against a backdrop of depleted resources.

All told, trading standards officers enforce more than 250 pieces of legislation, according to CTSI’s 2018/19 Workforce Survey Report. That’s a whopping number, especially at a time when an ageing workforce poses a threat to future professional capacity.

While the core functions remain the same across the four nations of the UK – to enforce fair trading and to combat illegal trading – the enforcement landscape differs in England, Scotland, Wales and Northern Ireland. Of course, the scale of local authorities varies dramatically, from the very small to the very large. There’s also the issue of geography.

In some cases the differences – and challenges – have caught the popular attention, as with the Northern Ireland protocol and questions over what that will mean for enforcement from January 1, 2021. Other issues, such as engaging with

www.JournalofTradingStandards.co.uk

geographically remote businesses in rural Scotland, are less apparent.

And then there’s the COVID-19 crisis.

As in the rest of the world, the pandemic has brought its own tough challenges for trading standards across the UK, not least the difficulty of conducting face-toface visits and inspections to ensure that companies are complying with the raft of new government regulations.

Trading standards has proved throughout the trials and tribulations of 2020 that its real strength lies in its people, who work together to improve the lives of everyone in the UK. Dedicated and resilient trading standards professionals have faced the challenges of COVID-19 head-on, providing vital support to people and businesses in communities across all four nations this year.

As the country faces an uncertain future, with EU Exit and the prospect of dissolution on the horizon, the commitment of trading standards shows what can be achieved by working together for the greater good. Over the next four pages we hear from professionals making a difference in all four corners of the UK.

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Cover story

By Helen Nugent

England

Steve Ruddy is Head of Service for Buckinghamshire & Surrey Trading Standards, and Chair of the Association of Chief Trading Standards Officers (ACTSO).

He says: “One of the things that COVID-19 has highlighted to me and others is that, with the trading standards service and the trading standards teams, you’ve seen a high level of agility in responding to things, and a great degree of flexibility.

Speed of response has been high and we’ve built new networks and relationships which have had a huge impact locally.”

Since March, much of the focus has been around product safety and PPE, says Ruddy. There’s also been a commitment to working with local resilience forums, a more preventative campaign on scams, and activity on business compliance when businesses had to modify their behaviour or shut their doors.

“In Buckinghamshire we are heavily involved in providing COVID-19 Marshals who are visiting businesses to ensure compliance with COVID-related requirements and business closure requirements. In the first two weeks of the second lockdown, for example, we physically visited over 1,000 business to provide advice and ensure compliance.”

Ruddy adds: “One of the issues that has flowed from the COVID-19 experience is that it’s given us the platform and ability to clearly demonstrate the value and role of trading standards services at key levels across both the local authorities we’re working with and with partners.”

Simon Wilkes, head of Worcestershire Regulatory Services and ACTSO Treasurer, agrees that COVID-19 has seen trading standards rise to the challenge in unique circumstances. “PPE has been the big COVID-related issue for trading standards. A lot of people decided they would go into the PPE market when they realised there was a gap and I think they ended up buying a load of stuff that’s noncompliant. We had one local importer who bought what were supposed to be FFP3 masks, which is the highest grade. But the certification was dodgy so he ended up with 600,000 masks that he couldn’t sell.”

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EU Exit, no doubt, will also shine a spotlight on the nimble nature of trading standards in England. Ruddy reports that officers have done everything in their power to prepare, including providing as much information as possible, engaging with staff training and development, and flagging the risks within their corporate resilience groups.

Of EU Exit itself, he comments: “I think it’s led to quite a degree of uncertainty and trepidation among businesses, but also uncertainty among the enforcement community because we’re still not clear on the shape of the final deal and therefore what the implications will be.

Understandably the focus has been more on COVID-19 response over the last seven or eight months than on Brexit, but that will change and I’m sure it will change quite quickly in the new year.”

Meanwhile, when it comes to

“One of the issues that has flowed from the COVID-19 experience is that it’s given us the platform and ability to clearly demonstrate the value and role of trading standards services”

the enforcement opportunities and challenges particular to England, Ruddy has this to say: “In terms of specific things that are different about England, in general there’s more of a history of a holistic trading standards service dealing with a variety of different things to include food standards and animal health issues, for example, as part of a range of different things focusing on protecting communities.

“Those tend to play out in different ways in the four countries, so in Scotland people would not generally deal with food matters. Similarly, in Wales now it’s fundamentally unitary, and likewise in Northern Ireland they wouldn’t be dealing with food, animal health and product safety issues because there is a different way of setting the system up.

“The range of activity varies more greatly across England. In terms of the variety of different types of services and the scale of services, it’s probably at its most extreme in England. And obviously we’re working with every single type of local authority.”

He concludes: “But fundamentally we’re aiming to achieve the same things – to protect residents, to use the tools that are given to us in terms of legislation to do that as effectively as we can, and to work through partnerships with other agencies and other bodies locally to achieve those objectives and also through networks, regionally and nationally.”

Winter 2020

Journal of Trading Standards

“Brexit is likely to dominate for the next couple of years as we see how things pan out”

Northern Ireland

While the central tenets of trading standards are the same in Northern Ireland, that’s where much of the similarity to the other three nations ends, as Damien Doherty, Chief Inspector for Northern Ireland Trading Standards Service, explains.

“We’re essentially a fair trading and legal metrology service so we don’t do things on product safety and we don’t do animal health and welfare,” he says.

“We don’t do food and feed, we don’t do licensing or underage sales. So it allows us to focus more on traditional trading standards matters such as rogue traders, scammers, car crime, intellectual property crime, and estate agents and letting agents.”

However, there’s a lot of crossover when it comes to navigating the COVID-19 landscape and all that entails, albeit with situations that are more prevalent in Northern Ireland than elsewhere.

“Like everyone else we are dealing with the impact of COVID-19 and the increased demands that that has put on us as a service, particularly in respect of all the work we’ve had to do in the last six months with cancellations and refunds.

We’ve done enormous amounts of work in respect of the travel sector for cancelled weddings, closed caravan parks, and initially we dealt with a lot of price gouging.”

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In addition, consumer advice doesn’t work in quite the same way in Northern Ireland. “We have a consumer line service in trading standards in Northern Ireland, so that means that our advice service is in-house unlike [the other nations’] separate advice services,” says Doherty. “We saw a 150% increase in calls at a time when we were working from home and didn’t have the equipment to deal with that. That was particularly challenging but thankfully those things are starting to settle down.”

And what of EU Exit and the thorny issue of the border? In November, a senior civil servant gave evidence to Stormont’s Economy Committee, saying that Northern Irish businesses are facing a “very, very difficult” time in January when the EU Exit transition period comes to an end. As it stands at the time of writing, goods being shipped from the UK to Northern Ireland will face new checks and controls from the new year.

Doherty says: “We are in the unique position of Brexit affecting trading

standards possibly more acutely than other parts of the UK… particularly in respect of legal metrology. “ Northern Ireland Trading Standards established a small European Union Exit Team three years ago to deal with operational preparedness, particularly in light of projected increased demand for market surveillance for non-compliant products.

“We are also likely to see fair trading issues increase as people use Northern Ireland as the access point to the UK single market,” says Doherty. “The only upside of Brexit that I can see is that, potentially, trading standards might get additional resources... Brexit is likely to dominate for the next couple of years as we see how things pan out.

“There’s likely to be increased crime arising out of it. We’re likely to see scams with a Brexit theme being perpetrated on victims. It’s a scammers’ charter whenever you have this lack of understanding and clarity as to what Brexit actually means for people.”

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Cover story

By Helen Nugent

“Despite more than four years having passed since the UK voted to leave the EU, it is still unclear what the implications will be on business and consumers” Scotland

Over in Scotland, Graeme Paton, Trading Standards Manager at Aberdeen City Council and Chair of the Society of Chief Officers of Trading Standards in Scotland (SCOTTS), describes how, over the past two decades, the country has witnessed wide variations in resources and capability within its local trading standards services, not helped by the high number of councils (32), geographic remoteness, and the lack of any national funding for coordination of the main reserved duties, unlike in England and Wales.

Coordination and support have been key in keeping services reasonably effective during a period when resources have been cut severely.

So, what has been the main impact of devolution on trading standards enforcement? “Although it has limited impact on our legislative burden, the mix of reserved/devolved duties has sometimes led to confusion around priorities, and a lack of engagement with UK government at the local trading standards service level,” Paton says.

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As for EU Exit, Paton says: “The impact will be determined by how divergent EU and UK laws become post-January 2021, mitigated perhaps by the terms of any EU-UK trade deal, but we anticipate increased demand in the areas of product safety and legal metrology.”

He continues: “Broadly, the overall picture is one of confusion. Despite more than four years having passed since the UK voted to leave, it is still unclear what the implications will be on business and consumers. SCOTSS is playing a leading role in market surveillance activities in Scotland through support from the OPSS [the Office for Product Safety and Standards], but a fundamental lack of resources and conflicting priorities at local authority level will mean that there will inevitably be gaps in enforcement.”

On the ongoing challenges arising from COVID-19, he says, “In common with most public and business-facing services, trading standards in Scotland has seen a huge diversion of resource from ‘normal’ statutory duties to helping with the public health response to the pandemic. This reduction in vigilance is bringing clear risks in many areas,

such as the threat from organised crime, particularly around the supply of illicit and counterfeit goods.”

Paul Connolly is an independent policy adviser who has advised many regulators, local authority enforcers and businesses.

He has worked closely with the trading standards profession and was part of the team which produced the Hampton Review of the UK regulatory system, known as the ‘Hampton Report’.

He reflects: “These big, disruptive factors of Brexit and COVID-19 – while they’re obviously enormously resourceintensive and causing challenges for trading standards, are they also opportunities? Are they things that can be used to position trading standards better within the policy and economic landscape than perhaps it’s been for a long time?

“Trading standards has done awfully well in terms of rising to the challenge [of COVID-19]. They’ve shown themselves to be highly adaptable, have moved towards where the action is, and have stepped up to the plate. I think that COVID-19 will have long-term organisational and resourcing consequences for trading standards in the same way that Brexit does.”

Winter 2020

Journal of Trading Standards

Wales

Meanwhile in Wales, a particular area of concern is future workforce planning and retaining the required levels of resilience.

Gareth Walters, Trading Standards and Animal Health Manager at Monmouthshire County Council and CTSI Wales Branch Secretary, says: “Having been unable to link in with the Regulatory Compliance Officer Apprenticeship in England, we are working closely with Welsh Government to develop a Wales approach.”

As for the major enforcement opportunities that are particular to Wales, Walters says: “Where elements are devolved there are opportunities and these have developed over the past 10 years, including the Animal Health Partnership Delivery Programme and the Feed Delivery Model.”

Of course, devolution is a big issue in Wales and therefore a central factor for trading standards enforcement.

Although the creation of a devolved National Assembly for Wales was brought about by the Government of Wales Act 1998, the Wales Act 2017 changed the model of Welsh devolution and devolved more powers to the Assembly and the Welsh Government.

“The majority of trading standards functions are not devolved and this has probably created the biggest headache” www.JournalofTradingStandards.co.uk

Walters says: “The majority of trading standards functions are not devolved and this has probably created the biggest headache as they are still areas that the Welsh Government has an interest in, and can have significant impact on the local economy. But where areas of responsibility are devolved, excellent working relationships have been developed with the Welsh Government, additional support gained, and different approaches developed.”

And what has been the main impact of Covid-19 on enforcement in Wales?

“As all public protection services have been hit by austerity, the impact has been even more severe than it would have

been 10 years ago with no individual local authority having sufficient resources to deal with it in isolation. All other work has been reprioritised, often dealt with on a case-by-case basis, and often not receiving the response we would like to be able to give.”

Walters adds: “In Wales, local authority environmental health and trading standards professionals are at the heart of the contact tracing service thereby putting an even greater strain on the provision of our COVID-19 enforcement and ‘business as usual’ capacity.

In England, the approach has been significantly different, at a higher cost and lower success rate.” n

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Race & equality

By Richard Young

Wake-up call The new CTSI Race & Equalities Working Group has been set up to help encourage a more inclusive and diverse trading standards profession The brutal and appalling killing of George Floyd at the hands of a police officer in Minneapolis on May 25, 2020, sent shockwaves around the US and beyond, sparking international protests against the endemic forms of racism and discrimination which blight the lives of millions.

For many, Floyd’s death served as a wake-up call, bringing to the fore the responsibility of individuals and organisations to acknowledge the reality of racism, and to rethink their own inherent prejudices.

According to Tendy Lindsay, a Chartered Trading Standards Practitioner who sits on the CTSI Council representing the London Branch, many felt that trading standards had a duty to speak out. “People

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started contacting me, saying ‘What is trading standards doing about this issue?’” she says. “CTSI is a membership organisation for enforcement officers, similar to the police. I made it my business to go and find out what’s really happening. And I realised we don’t really do a lot with respect to race matters.”

The realisation spurred Lindsay to push for the creation of the CTSI Race & Equalities Working Group, an initiative which, according to its mission statement, has been ‘established to ensure that the Institute not only upholds but is seen to uphold the highest principles of equalities, […] acting as a beacon for positive change within the Institute and wider profession.’

Elizabeth Pollard, a Trainee Trading Standards Officer at South Lanarkshire Council, felt it was important to become involved with the Working Group for a number of reasons. “I decided to join partly because of what happened with the George Floyd murder,” she says. “It wasn’t only people in the BAME [Black, Asian and Minority Ethnic] community who related to it – it was all humans, because no human being should be treated like that. But I think a lot of BAME people thought that could have been their brother, their father, their uncle, their

“We need to acknowledge and accept that we have a problem. We need to be more representative within our recruitment” Winter 2020

Journal of Trading Standards

“COVID-19 is disproportionately affecting BAME members more than their White counterparts.

Colleagues from the BAME community are anxious”

cousin. And even though it was thousands of miles away in America, we felt it.

“I also felt there was a need for the Working Group because we’re going through the COVID-19 pandemic, which is disproportionately affecting the BAME community – and that’s because of social inequalities that exist.”

According to Office for National Statistics (ONS) figures for England and Wales, Black men have the highest rate of death from COVID-19, 2.7 times higher than their White counterparts. Black women are twice as likely to die from the disease as White women. The ONS report finds that ‘ethnic differences in mortality involving COVID-19 are most strongly associated with demographic and socio-economic factors, such as place of residence and occupational exposures, and cannot be explained by pre-existing health conditions’.

Fakir Osman, Trading Standards Manager at Derby City Council, also

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believes COVID-19 needs to be part of the Working Group’s focus, and sees data as central to understanding the issue. “[CTSI needs to know] what’s the data in terms of its members,” he says. “What percentage of CTSI members are from the BAME community?

“It’s come to the fore with Black Lives Matter on one side, but also because of COVID-19. It’s disproportionately affecting BAME members more than their White counterparts. Colleagues from the BAME community are anxious about COVID. But what are we doing about it?”

Giles Speid, Trading Standards Team Manager for North West Westminster, says that getting to grips with the numbers is crucial to taking issues of equality seriously. “The McGregorSmith Review says that the number-one starting point in tackling the problem is knowing how many people you’re dealing with,” he says, in reference to the 2017 government-commissioned independent report by Baroness McGregor-Smith, which examined issues affecting BAME groups in the workplace.

“We don’t know how many people have left the industry, or how many people have come into it. We don’t know who they are, where they are, what position they hold. And we need that.”

Professional pride For Lindsay, setting up the Working Group has been about taking pride in the trading standards profession. “I don’t see the point of being part of the profession if you do not contribute and give back to it. I’ve always been very passionate about giving back since joining the profession in 1994,” she says. “So when I was being asked

about this issue I thought, ‘This is a bit embarrassing for the profession.’ I started thinking about how many Black people we actually have in trading standards, which I had not given much regard before.”

Pollard has first-hand experience of a lack of diversity in trading standards.

“I’ve been to a couple of seminars or meetings, both in Scotland and in England, and apart from one person, I had to join the Race & Equalities Working Group to see other Black people in trading standards,” she says.

Setting up the Working Group has also encouraged Lindsay to be more forthcoming about her own experiences.

“I’m trying to make everyone aware that there is unconscious bias within the profession. It happens. It’s not necessarily that people are horrible, but they have a certain bias, which produces biased outcomes,” she says. “I’ve always been the only Black woman on CTSI Council, for years and years. We’ve never had any persons of colour on the CTSI Board or the CTSI College of Fellows, and not many have worked for the CTSI Executive.”

That lack of representation can be profoundly damaging, she believes.

“Even though Black officers come up with excellent project ideas, normally a White officer is selected to lead on those projects,” Lindsay says. “So Black officers are always in the shadows. Even though they initiate the ideas and do the work, somebody else will be put in charge of the work they are doing.

“This is where the unconscious bias has an effect. This is how Black officers get left behind all the time, because they’re not normally in a position of power to say, ‘I want to do this’, or ‘I want to change this,’ or ‘I want to lead

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Race & equality

By Richard Young

“We need to be in the places where people from the BAME community and younger people are. If we’re not doing anything different, nothing will change” this particular project’. What happens is that their seniors are the ones that determine whether or not they can get the opportunity to get that position.”

Speid also highlights unconscious bias as a big problem (see his column on p26).

“Trading standards can be very staid,” he says. “Other industries have moved with the times, but it’s almost as if we refuse to. If certain people in certain posts have a certain viewpoint, things don’t move because they feel everything is OK, and there’s no need for change. It’s not a bad industry, but it’s not an industry that has kept up to date with modern behaviours and demographic changes.”

“We need to look at equality generally, whether that’s race, religion, disability or gender,” says Osman. “I don’t think there’s enough representation, and I think there needs to be, especially in roles higher up the chain. By not having this, I don’t think we represent the people that we’re supposed to represent.”

Building relationships Pollard believes it will benefit the profession to face up to the problem and deal with it head-on. “I feel that we all as individuals, and as organisations, have an equal responsibility to uphold equality, equity, diversity and fairness for all,” she says. “CTSI’s goal is for a sustainable future for trading standards, and the future is more diversity; the UK will become more diverse and there’s an increase in BAME businesses, which contribute greatly to the economy. For us to be relevant, it is in CTSI’s best interest to be more diverse, and to make sure that

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we have the policies internally in place to promote that.”

Research published by the Federation of Small Businesses (FSB) shows ethnic minority businesses (EMBs) contributed £25bn to the UK economy in 2018, but many are being held back by barriers which hinder their growth, including a lack of support. Lindsay identifies this as a major issue for trading standards to address. “We’re missing an opportunity,” she says. “Minority businesses contribute a lot to the economy but we’re not really engaged much with them, and they’re often kind of looked down upon.

“There are some really good, innovative traders serving communities from India, or Africa, or China, or Turkey, or wherever, but they’re not aware of what trading standards can offer them. We need to be thinking about how we can engage better with them. They have so many ideas, about technology, about many different things, but we just don’t really engage with them or connect enough.”

Osman also thinks more could be done to work with both EMBs and BAME consumers. “From a teaching point of

view, the messages aren’t there. So, for example, when it comes to Diwali, people are going and buying lanterns to light; they need to be given advice to make sure they’re safe. I think culturally and religiously we need to approach things differently. We have a role to educate and make people more aware.”

Speid thinks the best way to engage with EMBs is by spreading knowledge rather than handing out fines. “In a London borough I used to work in, there is a very long road which has Asian jewellers and sari shops almost leapfrogging each other all the way along, and there was some un-hallmarked jewellery being sold there,” he says.

“We could have taken offences from up one end of the road, all the way down to the bottom. Instead, we set up a project of advice and guidance, and we swept the street with it. Once they knew what they had to do, once they knew that the law was, and we signposted them to the necessary Assay Offices, we never heard any more with regard to non-compliance.

I took the view that they needed our help, our guidance. And it worked.”

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Journal of Trading Standards

About the CTSI Race & Equalities Working Group To identify and understand matters which affect its Black members, as well as Black consumers and businesses, CTSI established the Race and Equalities Working Group as an arm of CTSI Council. The Group was formalised at the Council meeting on October 14, 2020.

The Working Group will initially focus on identifying the main issues causing inequality, as well as suggesting and implementing solutions to increase opportunities for Black people within the trading standards profession and to strengthen relations with Black consumers and businesses.

Moving forward, the Working Group will be responsible for identifying other factors causing inequality, and work to suggest solutions. There are other equality matters which affect all members, and for some multiple factors of inequality may be at play.

Positive steps Within trading standards, and within CTSI itself, there are clearly opportunities to create a fairer, more inclusive and diverse environment, which will ultimately be to everyone’s benefit. But it is also clear that such changes do not happen overnight.

So what are the next steps?

Trainee officer Pollard thinks a good place to start is with recruitment, particularly of young people. “Possibly the biggest obstacle for a lot of young people is that they don’t even know trading standards is a profession,” she says. “I think it’s a matter of putting ourselves in the places where people from the BAME community and younger people are. If we’re not doing anything different, nothing will change.

“Also, we need to ask, who is the face of the company? When people go on the CTSI website, or our social media pages, are they seeing members of their community? Because that makes a massive, massive impact. A consideration for me before I go places is, how will people react to me being a woman of colour? Will I be accepted? How will I be

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treated? I know if I were to see people that look like me, and interact with people that look like me, it helps to quell those fears.”

Osman also believes overhauling the recruitment process should be a priority.

“If you want to attract people from diverse backgrounds to senior roles, it helps if the people interviewing them are from diverse backgrounds as well,” he says.

Speid agrees, and thinks being more pro-active is key. “Waiting for time to change things hasn’t changed anything.

We know that through unconscious bias people are likely to choose to promote people that look like them,” he says. When CTSI appoints its next Chief Executive, he says, “They have to lead from the top and

“Waiting for time to change things hasn’t changed anything.

Through unconscious bias people are likely to choose to promote people that look like them”

be quite strident, and say, ‘This is the way we want to go. We want to be fair.

We want to be inclusive. We want to be welcoming.’ And they have to set that tone, from the top.”

“We need to acknowledge and accept that we have a problem,” says Lindsay.

“We need to be more representative within our recruitment. When we recruit persons for the CTSI Board and other positions within CTSI, we need to make sure that diversity is actively encouraged.

We need to understand cultural intelligence in order to help us make fair decisions.

Despite the significant work that lies ahead, there is real reason for optimism. After all, when done properly, inclusivity is about involving everybody.

“What we are doing is really positive,” Lindsay says. “We want to be more diverse and inclusive. We also understand diverse cultural perspectives can inspire creativity and drive innovation.

Organisations with diversity in the workplace achieve better business results, reap more profits and have a positive reputation.” n

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Race & equality

By Giles Speid

Journal of Trading Standards

One White trading standards manager was asked why he didn’t recruit any Black male officers. He gave what can only be described as an honest answer, saying he would not recruit a Black man as he did not “feel comfortable with them”.

In the course of an otherwise pleasant conversation, one Black female officer was asked, “So what are you doing here?

Are you the receptionist?” – as if that were the only reason she was at the meeting, rather than for being an award-winning manager.

Omission is another element of unconscious bias. For example, Black managers are frequently not invited to meetings, or are only told that the meeting is happening at the last minute, therefore having no time to prepare.

Sometimes they are asked to get the tea and coffee, with White attendees being oblivious to the fact that they are the training officer.

It is essential to think about our own behaviour and put in place processes designed to challenge and eliminate the effects of unconscious bias

The continuing legacy of (un)conscious bias The everyday experiences of some BAME trading standards officers show how much mindsets need to change, writes Giles Speid When Alexandra Wilson, a Black British barrister, wrote about being mistaken for a criminal on three separate occasions on the same day whilst trying to go about her profession1, it resonated with a number of Black trading standards officers who have faced similar injustices in the workplace.

Those of us who have prosecuted trading standards cases in the Magistrates’ Court in the past have been shouted at by the clerk for daring to sit at the prosecutor’s table. One Lead Officer about to give evidence in the Crown Court was asked by the Judge to make his way to the dock rather than the witness box.

Other Black officers have told me that on more than one occasion when they were the Lead Officer in a case, their White colleagues would be addressed and responded to, even if the Black officers were posing the questions.

On many occasions in meetings Black officers have made suggestions which

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were ignored until the same suggestion was made by another (White) colleague who was then credited for having a ‘eureka’ moment.

No laughing matter Many true feelings are disguised as ‘banter’. “I voted for the National Front” was the greeting that met one new Black officer when he first started in 1983.

He was told on several occasions by colleagues that he was only selected as a ‘token’ Black person despite HR telling him he was the best interviewee of 12 candidates.

After winning a prestigious award, one Black officer was told by a White colleague: “If someone like you can win it, anyone can.” When challenged on this he claimed it was just ‘innocent banter’, and the recipient shouldn’t be so sensitive.

This ‘banter’ has been repeated for several years to anyone who will listen.

Micro-aggressions These examples are everyday microaggressions. Sometimes they are made innocently, but they are never in the favour of the recipient.

Unconscious bias training is essential for everyone to consider and recognise the inbuilt prejudices that we all carry.

It is essential to think about our own behaviour and put in place processes designed to challenge and eliminate the effects of unconscious bias.

The systemic part of prejudice is when you act on it and prejudge a situation using stereotypes. If you do not know about something or someone, then ask.

You will not be criticised for doing that – but to guess wrongly is considerably worse. Diversity is having a seat at the table; inclusion is having a voice; belonging is having that voice heard. n In Black and White: A Young Barrister’s Story of Race and Class in a Broken Justice System, Alexandra Wilson

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Winter 2020

Research

By Dr Chloe Hawkins

Journal of Trading Standards

Giving scam victims a voice

Dr Chloe Hawkins’s PhD research focuses on the experiences of online fraud victims, many of whom have received assistance from trading standards or the e-Crime Team

Although fraud is one of the most prevalent crimes in the UK, it often remains underreported. Trading standards officers play an important role in identifying and supporting the silent victims of this crime, whether through investigating scams, disrupting networks, or persuading victims not to send money to the scammers.

The following article examines victims’ responses to questions posed during my research, giving us a deeper insight into the perceptions and experiences of fraud victims.

My research included individuals who had either never reported fraud or who had selectively only reported or disclosed some of the frauds they had experienced.

The are several possible reasons why some victims do not report fraud. We know that awareness plays a part – if a person is unaware that a fraud has been committed against them, it is highly likely that the crime will remain underreported.

However, if we take awareness out of the picture, the research suggests one of the key drivers of reporting is how the individual interprets the fraud event.

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Research

By Dr Chloe Hawkins

Matter of interpretation Following a fraud, a victim might ask himself or herself, has a crime been committed? Or is this serious enough to report? If the answer is no to one or both of these questions, they are unlikely to report the crime based on their interpretation of events. As practitioners, we commonly use terms such as ‘scam victim’, ‘vulnerable victim’, or ‘chronic victim’. Yet in practice, the research found that these types of terms are somewhat at odds with how the victim perceives himself or herself. This might at first appear strange, especially considering a crime has been committed against them.

Crucially, if a person does not see themself as a victim, or is not comfortable with the label, it is less likely they will report fraud. This not only has serious implications for the reporting of fraud, but also implications for how best to support victims.

To understand the important role victim interpretation and awareness has on reporting behaviours, the research drew upon the following labels from the literature to explain possible different ‘victim’ outcomes following a fraud.

These labels include: ‘the unknowing’ or ‘unbelieving victim’1, ‘the avoiding victim’2, ‘the rejected victim’3 and ‘the accepting victim’4.

Types of victim The ‘avoiding victim’ is aware of their victimisation but does not perceive themself as a victim, and does not want to be labelled as one.

There are many possible explanations for this, such as specific connotations associated with the term ‘victim’, or the negative stereotypes surrounding fraud victims. For example, it was clear from interviewing fraud victims that there appeared to be a presumption that if other people knew about the fraud, they might judge or blame them.

A key explanation for non-reporting appears to relate to the type of coping strategies victims use. For example, the ‘avoiding victim’ might tell themselves it was ‘no big deal’, or it was ‘only £15, or it’s not worth reporting’. Such strategies

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minimise the seriousness or significance of fraud.

While minimisation strategies might help victims cope with the impact of fraud, they also appear to play an important part in non-reporting. A good example of this is a comment made by one victim who downplayed her own experience and interpreted what happened to her as a ‘trick’: “To be honest I don’t really think of it as a crime,” said Carrie, a repeat victim.

It therefore appears that in some cases the underlying reasons for non-reporting seem to be associated with victims trying

“In some cases the underlying reasons for non-reporting seem to be associated with victims trying to escape the negative consequences associated with fraud”

to escape the negative consequences associated with fraud, whether this ~be financial or psychological. Once they accept the ‘victim’ label, they must accept the negative consequences that go along with it.

The ‘unbelieving victim’ is someone in total denial about his or her victimisation.

Denial is another coping strategy used by victims to mitigate the impact of being defrauded, as they refuse to believe a crime has taken place at all. Unbelieving victims present unique challenges for trading standards, not least because they do not accept the reality of the situation, and their denial leads them to be more vulnerable to repeat attacks from fraudsters and their associates.

The ‘rejected victim’ is one for whom reporting of a fraud has been adversely received or undervalued. The research found that some victims who had reported a fraud to an official organisation, such as a financial institution or technology company, described extremely negative experiences of reporting.

Common complaints from victims included not having their case

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Journal of Trading Standards

‘I think it is really important if the resources are there to see and to speak to somebody face-to-face or over the Internet. I was able to explain to somebody outside of the family unit, because up until then nobody really knew apart from people in my family.

To have somebody still listen with an empathetic ear and not be associated with you, but to be from an organisation that cracks down on it – I think emotionally that’s when I let it go, that’s when I was like ok, it’s out of my hands.’

– Henry, a repeat victim of fraud, who trading standards officers visited at home

“There appeared to be a presumption that if other people knew about the fraud, they might judge or blame the victim” investigated, not being believed, or that their case had not been taken seriously.

Due to the complexity of some fraud cases, it was evident that it might be difficult for some organisations to gather the facts of a particular fraud case, but in other instances, there was a real sense that the interactions with these organisations led to the victims feeling blamed.

Notably, rejected victims’ communication with trading standards is in some cases the last option available to them. Therefore, there is an increased importance for victims of fraud who seek support and assistance from trading standards to feel that their claims are being taken seriously.

A clear part of reporting fraud or disclosing fraud relates to the victims’

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need to access some form of assistance or support. To access these services, the individual must first acknowledge that a fraud has taken place, and recognise that they have been harmed in some way, whether financially or emotionally.

In this sense, there are certain rights or presumptions associated with accepting the ‘victim label’.

The ‘accepting victim’ wants to be recognised as a victim, and to be acknowledged that they have been wronged or harmed in some way. In society, there is perhaps an expectation that all victims should be treated in a certain way and should be able to access support services or guaranteed specific rights. Yet, the evidence for many fraud victims is that support is variable, scammers are rarely caught, and in most cases, victims never get their day in court.

For trading standards, it is important to recognise that when a victim of fraud contacts them, they do so with certain expectations, and therefore it is important that trading standards manage these expectations, without disparagement of the situation.

Effectively supporting victims This research is probably one of only a handful of studies to speak to victims of fraud about their experiences with trading standards. Although not everyone in my study had contact with trading standards, as some victims were recruited through other channels, it is clear that for those who did, the experience was a positive one. Moreover, the research found that for some victims, trading standards had a profound impact, to the point where, as one participant said, it allowed him to ‘let go’ and move on with his life.

It is difficult to ascertain why trading standards’ support was so invaluable, but it perhaps connects to the key types of support participants in the research either requested or said was useful.

The requests included: ‘being listened to’; ‘having their case taken seriously’; ‘being kept in the loop’; or ‘having the support of an organisation that ‘cracks down on [fraud]’.

Victims also said they wanted to ‘know what happened to their case’, even if this was just a phone call to say there were no new leads. Victims who had their cases investigated by either trading standards or the police reported this to be an overall positive experience. Victims were also keen to find out more about how to protect themselves from further fraudulent scams, and wanted to better understand how to protect themselves online.

Finally, for those victims who had reported falling foul of companies that operate within ‘grey areas’ of the law, they were keen for trading standards to work to address any loopholes that currently exist.

The research indicates that it remains vital for trading standards to work closely with legislators and scam teams to identify these loopholes and to close off as many as possible, to continue with the good work they are already doing with victims of fraud, and to provide wider access to consumer information and potential protection measures. n Button, Tapley and Lewis, 2009 Taylor, Wood and Lichtman, 1983 3 Strobl, 2004 4 Hawkins, 2019 1

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Hero Awards

By Katie Thompson

A year for heroism

Against the backdrop of the COVID-19 crisis, this year’s CTSI Hero Awards recognised those who went above and beyond at a time of hardship for everyone Speed, adaptability and unwavering hard work formed the pillars of this year’s CTSI Hero Awards. The 15th edition of the annual ceremony took a different format from previous years, being held virtually for the first time. Due to ongoing COVID restrictions, guests logged in to attend the awards, led by CTSI Chair Wendy Potts.

In his introduction, Parliamentary Under-Secretary of State for Business, Paul Scully MP, addressed the term “hero” in a pandemic. “A hero is described as somebody known for their courage and achievements,” he said. “These awards will celebrate those who have worked tirelessly on the front line to protect consumers from harm.”

While every trading standards officer strives to protect consumers, this year will doubtless be remembered as one of the most challenging in many of their careers. With EU Exit, political uncertainty and budget cuts to overcome, a pandemic was an unexpected curveball that transformed priorities.

In a nod to these unprecedented circumstances, CTSI created a new category for 2020: the award for Outstanding COVID-19 Contribution.

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Both branch and section winners were recognised for their efforts, but this new category would highlight these teams’ incredible resolve in times of crisis.

Scams spike A surge in criminal activity related to the pandemic has put unforeseen pressure on consumer protection. In particular, fraudsters are targeting the vulnerable through email and telephone scams.

In March, CTSI warned consumers against opening their doors to bogus healthcare workers offering ‘home kits’.

An urgent challenge to stop the spread of disinformation emerged. Many winners were recognised this year for their outstanding contributions to public service – producing vital documentation to keep consumers safe.

One such hero who has seen these dangers first-hand is Paul Holland, who won the coveted Brian Smith Hero Award.

Holland had worked with Brian Smith, who sadly passed in 2017, on a groundbreaking scam prevention scheme for local authorities throughout Scotland.

Since 2013, the scheme has blocked more than one million nuisance phone

calls, and put more than 1,200 prevention packages in place. Holland faced funding hurdles and increased demand due to ageing populations. Despite this, his steely determination saw the scheme expanding from just three Scottish regions to the entire nation.

Holland says: “Since the pandemic, scams have increased fourfold. There are

Paul Holland

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Journal of Trading Standards

“I’m so proud to be part of a team who worked round the clock to secure extra funding for this project.

The feedback from families has been great, from reduced financial strain to less stress”

many vulnerable households out there who may fall prey to doorstep sellers.

Brian has inspired us all to carry on with our prevention work, which has saved thousands of pounds and supported people to live independently.

“I’m so proud to be part of a team who worked round-the-clock to secure extra funding for this project. The feedback from families has been great, from reduced financial strain to less stress.

To be recognised in honour of Brian is just fantastic.”

Katherine Hart at Angus Council Trading Standards, and CTSI Lead Officer for Doorstep Crime, was also awarded for her tireless and prolific contributions to fighting scams during the crisis.

Getting up to speed With ever-developing lockdown legislation, UK trading standards officers have been up against the clock. Demonstrating unsurpassed diligence, speed and teamwork, the Environmental Health and Trading Standards COVID-19 Expert Group took home the Outstanding COVID-19 Team category.

www.JournalofTradingStandards.co.uk

The staff were nominated by Paul Bannister, Protective Services Manager at North Lanarkshire Council, who was overwhelmed by the performance of the group, who coordinated the Scottish local authority enforcement response to Health Protection in just three days.

On March 26, the new Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 came into force. Both Trading Standards and Environmental Health officers were tasked with producing guidelines – not only to stop the spread, but to maintain business compliance.

According to Bannister, “The restrictions were passed in Parliament at 7:15pm on Thursday March 26. By close of play Friday, the team had got together and ratified a prohibition template from scratch. The only word I can use to describe their expertise and teamwork is ‘astonishing’.”

The team faced not only time constraints, but the challenge of uniting entirely disparate departments.

Their guidelines were rolled out among 32 Scottish authorities, as well as Police Scotland.

“Never in my 30-plus years of dealing with Scottish and UK government departments have I been so impressed,” says Bannister. “These individuals all volunteered, on top of their day jobs, to collate, share and develop this advice.

We’re soon to be facing the monumental challenges of EU Exit, but with their drive and commitment, I’m confident that they can do anything.”

While this award epitomised team success, there was also recognition of key individuals. Hertfordshire Trading Standards Lead Officer Vicki Burch won an individual hero award for her outstanding contributions to health and safety compliance.

Like Holland, Burch was overwhelmed with the award and wanted to put the spotlight on her staff. “It’s really lovely to know that we’ve been recognised as a team in what has been a very stressful time,” she says.

As Chair of the East of England Product Safety Group, Burch led the charge on personal protective equipment (PPE) business compliance. She faced a series of challenges, including business closures and changing

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Hero Awards

By Katie Thompson

guidance on precautionary measures.

Despite these obstacles, she composed a Business Companion guide – a comprehensive set of compliance guidelines for all businesses available as a free resource on the Business Companion website. “There were so many different considerations,” she says. “Some were quite simple, such as the hospitality industry, but then we had to consider importers, manufacturers and retailers. We needed to put them into layman’s terms so that local authorities could distribute them among several industries.”

The difficulty was compounded by differing legislation between UK and EU products, plus the challenges of warning the general public about PPE scams. In a matter of days, Burch was able to produce guidelines that would be used nationwide – as well as run webinars and training.

Beyond the profession The Hero Awards celebrate not just trading standards officers, but also members of the public. One brave individual was named a hero for stepping up and sharing her experiences after she was targeted by a loan shark. Mum of five Becky, whose name has been changed to protect her anonymity, was nearly driven to suicide after a seven-year battle. She was nominated by the National Trading Standards (NTS) Illegal Money Lending Team for coming forward. Holly Luckman, Press and Communications Officer at the England Illegal Money Lending Team, spoke of Becky’s bravery: “A vulnerable woman had moved to a new area and was struggling to make ends meet. She befriended one of the mums at the local school, and told her she was desperate to buy new school uniforms.

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“There were so many things to consider, even the individual businesses that would have an impact on animals.

Something as small as the closure of a dog grooming business could have untold side effects on animal welfare” “This supposed ‘friend’ lent Becky the small sum of £50, which, over seven years, became £35,000.”

Unbeknownst to Becky, she had borrowed money from a notorious loan shark, who had employed this ‘friend’ to take regular payments. Becky was followed when collecting benefit

Stephanie Young

money, and the ‘friend’ had also begun making threats to the family. Fearing reprehension from the police, Becky did not ask for help. It was only when she confided in a support worker that she was able to get help from the NTS team.

Luckman adds: “Becky has a new life now. She’s moved away and her family are safe. She’s also shared her story anonymously on several press outlets.

She recently featured on the BBC and Channel 4, and we’re pleased to say she’s inspired so many more to come forward.”

The NTS team have praised Becky for her role in raising awareness of these illegal practices. Many victims may feel like they are wasting police time, or fear being prosecuted themselves. Becky’s story is representative of many who have won previous Hero Awards. She told Luckman: “If my story can help even one single person escape loan sharks, that’s progress.”

Animal health heroes Another group of unsung heroes this year was the National Animal Health and

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Journal of Trading Standards

put together FAQ guides, and held regular calls with organisations such as DEFRA. “We had to consider both country and district trading standards, as well as environmental health,” says Young. “We became the first port of call for questions.

As legislation changed, we had to respond to that battle rhythm.”

Welfare Panel. Comprising six members, the team produced national guidelines for daily animal welfare threat identification.

Stephanie Young, Principal Trading Standards Officer at Staffordshire County Council and CTSI Lead Officer for Animal Health, was thrilled with the award.

“It’s so lovely to see the field of animal and welfare recognised,” she says.

“Awards are often targeted towards people, so it’s great to see another area of trading recognised. We’re a voluntary panel that has worked non-stop throughout the pandemic.”

The group was faced with an evergrowing list of concerns as lockdown was announced. On March 23, they agreed to set up a daily animal welfare threat identification teleconference. Young says: “There were so many things to consider, even the individual businesses that would have an impact on animals. Something as small as the closure of a dog grooming business could have untold side effects on animal welfare.”

Coupled with this, the team also had to overcome changing rules in different

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local authorities. “There was no rulebook.

We all take a different stance on what the law says. We had to take a national approach and produce consistent guidance,” says Young.

The group worked with local authorities and local government to identify threats, from pet ownership to livestock. They also

Peter Stonely

Onwards and upwards If there is anything that 2020 has proved, it’s the unmatched dedication of trading standards officers across the UK. Peter Stonely recognises their contributions more than most. As Joint Lead Officer for Civil Law, Peter has worked with CTSI for more than 20 years. He was honoured to receive the Outstanding Contribution to Trading Standards Award, and speaks highly of all this year’s heroes.

“It came as quite a shock. I wondered why I had been asked to give a round of thanks at this year’s Hero Awards.

It was only afterward that I realised it was because I’d won Outstanding Contribution,” he says.

“When I look at those who have won it in previous years, I’m honoured. All of these people have put so much into the profession, and I have nothing but the deepest respect for them.”

Peter, who was recognised for his vital role in establishing the 2015 Consumer Rights Act, gave an uplifting speech from his home during the ceremony: “My colleagues are passionate, and every person who has been put forward for an award has shown that. They’ve gone above and beyond what is expected of them.”

2021 will not be without its trials, but as this year’s heroes prove, there is little that trading standards cannot achieve through dedication and team work. n

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Age-restricted sales

By Mansoor Iqbal

Time well spent

Brandon Cook is standing down as a Lead Officer after two decades of making a real difference As CTSI Lead Officer for Age-Restricted Sales, Brandon Cook’s career has taken him to high places – most notably 10 Downing Street in the days of the Brown administration. There, he met the Health Secretary, the Home Secretary, and the Prime Minister. “It was incredibly exciting. It gave me real insight into how things do change, and who influences law – it’s not just top civil servants in ivory towers,” he says.

Cook was challenged by Caroline Flint, then Minister for Public Health, to name three changes he’d make around agerestricted sales on tobacco. “Within six months, two were up for consultation.” The third would follow. All three: a minimum purchase age of 18; a ban on tobacco vending machines; and pricing set beyond pocket money range, are now law.

The job came with its dark side too.

Cook recalls working with the victims of solvent abuse, including a young girl whose friend had died after using hairspray as an inhalant. The girl herself sadly fell victim to the same fate two years later. “It’s tragic. But it reminds you that there’s meaning and reasons to what we do.” Cook serves as a trustee of Re-Solv, a charity which works to reduce the harms associated with solvent abuse.

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From videos to knives Much has changed since Cook began working in age-restricted sales in the 90s.

Then, the focus was on VHS cassettes.

The Licensing Act of 2003, in the early days of Cook’s tenure as Lead Officer, saw the emphasis very much shift to alcohol.

In more recent years, knives have been in the public eye.

Cook can certainly point to achievements during his term. “We didn’t get rid of the problem entirely, but we managed to bring the level of alcohol test purchase failures down from 40% to between 5% and 10%,” he says.

He also takes satisfaction in improvements to working practices.

These include taking a more collaborative approach with business, moving away from trying to secure prosecutions and looking more at context and intelligence.

“I’m also stepping down as Chair of the Expert Panel on Age-Restricted Sales, which is a mixture of trade associations, businesses, and experts in the field, alongside enforcement.” Things, he reflects, have come a long way.

Cook will be succeeded by Veronica McGinley, who is based in Inverclyde.

McGinley brings experience to the role, having previously served as Lead Officer in tandem with Cook, alongside

a representative for business (from Waitrose). “It worked really well with Veronica, we had an English and a Scottish rep, and someone from business.

That was a really strong combination.”

Among the key challenges McGinley and others tackling age-restricted sales will face is the shift towards online shopping. “Online sales have rocketed, particularly during coronavirus, so it’s got really busy again, becoming more about digital proof of age,” Cook says. This work It gave me real will take place in insight into who influences law – it’s the challenging context of slashed not just top civil budgets and servants in ivory reduced personnel towers – limitations endured throughout the profession over the past decade. The loss of Local Authorities Coordinators of Regulatory Services (LACORS) is something Cook particularly regrets.

During his retirement, Cook plans to spend more time with his five grandchildren, and to take an extended trip in his campervan, when circumstances allow. “If anyone needs me, though, they know where to find me,” he says. n

Winter 2020

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The low-cost annual fee includes unlimited downloads of all materials. No restrictions on how and when you deliver this training, or the rate you charge, puts you in control to generate additional income for your service.

www.tradingstandards.uk/doyoupass

To subscribe to do you PASS? or for more information contact the team on tel: 01268 886697 or email: productinfo@tsi.org.uk

ACTSO report

By Richard Young

It all adds up ACTSO’s new ‘Impacts and Outcomes’ report brings into focus the impressive achievements of trading standards by letting the numbers tell the story The scale and variety of the work undertaken by trading standards can sometimes make it difficult even for those involved in the profession to grasp the true extent of its contribution to society.

Many will have a wealth of anecdotal evidence or personal stories about how trading standards has made a difference, but when it comes to making a case for its broader quantifiable value, the picture can be more difficult to comprehend.

And since trading standards competes for resources with a plethora of other essential public services, that lack of a bigger picture can present problems when bidding for a slice of already-diminished public funding.

More than £400m of detriment prevented by trading standards’ actions This was the problem that spurred the creation of the Association of Chief Trading Standards Officers (ACTSO) ‘Impacts and Outcomes’ report. And its second edition, for the 2019-20 financial year, makes a compelling case.

Simon Wilkes, ACTSO Treasurer and Head of Worcestershire Regulatory Services, is part of the team that puts the report together. He explains why it was necessary in the first place: “The Birmingham University Institute of Local Government did some work looking at the value of trading standards,” he says, in reference to the 2015 report ‘The Impact of Local Authority Trading Standards in Challenging Times’.

“One of the key findings was that there wasn’t a consistent set of data being collected by trading standards

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services for them to be able to demonstrate their value.

“The ACTSO Executive agreed we should respond to the report and [ACTSO Chair] Steve Ruddy and I agreed that we would take the lead. We decided we would embark on this project to try and create a set of consistent measures that would provide ACTSO with a way of telling the story and effectively selling at a national level what the collective efforts of trading standards were delivering on behalf of the public in England and Wales. It also had to be something that would help local service managers tell the story of what they were contributing to their own authority.”

The report compiles responses from 95 trading standards services, covering 106 of the 171 local authorities in England and Wales. The responses are not restricted to ACTSO members – all local authorities are welcome to participate – and they cover an area with a population of more than 42 million people.

Making a case “The report needed to demonstrate the financial value that would win the minds of the decision-makers in local government.

And it needed to include the stories about the individuals who have been protected – the scam victims, the crime victims, the businesses that we’ve supported,” says Wilkes. “When I presented our first set of figures to my local councillor, she was astounded. Not just by what we did, but the value of it. You seldom get the opportunity to sell the service in that way to local members. The key is being able to get those messages out to help genuinely protect things going forward – and maybe even start to garner more

resources and push trading standards up the pecking order.”

Significant figures The report does paint a persuasive picture of trading standards’ work. As well as including case studies on a range of issues tackled by TSOs, from rogue roofers to illegal puppy sales, from dangerous cars and unsafe cosmetics to counterfeit cigarettes and modern slavery, it puts the numbers front and centre. Perhaps the most striking figure is the £400m in detriment prevented by trading standards in the 12-month period.

“We’ve estimated that the total budget for trading standards is about £99m a year, which is probably a low estimate, because managers and heads of service are notoriously conservative when it comes to numbers,” says Wilkes. “So to come up with the figure of £400m of detriment prevented off the back of a budget of £99m immediately throws the question to local councillors: if the service puts £4 back into the local economy and into the pockets of the public for every pound that you invest in it, why on earth would you even go anywhere near it when you’re looking to make budget cuts? It’s clearly making a really positive contribution to what goes on in your communities and to your businesses.

More than £5.7m prevented from being handed over to criminals “There are other figures that also show the scale of the work that we’re doing: the volume of unsafe products that have been removed from the marketplace, and the detriment prevented by the volume of illicit tobacco, is amazing.

“Our public health colleagues are trying to persuade people to give up smoking, and while we’ve got cheap tobacco being sold in small shops, particularly in more deprived

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Journal of Trading Standards

More than 19.6 million illicit cigarettes seized, worth an estimated £4.2m

Support provided to more than 21,000 victims

communities, that’s making their life a lot harder.”

Another benefit of the report is its highlighting of the issues which many may not be aware that trading standards is involved with at all, Wilkes believes.

“People don’t realise how engaged we are with mainstream criminal activity and how economic crime forms a huge part of what local authority trading standards services do these days,” he says. “Certainly across my region, all of the local authorities have close working relationships with their local police economic crime units and a huge amount of our work fits in alongside the kind of things that they do.

Defendants were ordered to pay over £12.8m in Proceeds of Crime “As local services, we are tackling the worst of the worst, rather than just going around making sure the right boxes are being ticked by businesses.”

It is no understatement that 2020 has been a year of unprecedented upheaval.

So will that be reflected in the report?

“COVID-19 really didn’t start to impact until lockdown began in March, so it would only have had an effect for the last month of this,” says Wilkes. “Clearly we’re planning for next year’s report to be very different because COVID-19 will have to feature quite strongly. We’ve not lost sight of the fact that COVID-19 has had a drastic impact on what local services are doing.

“It’s important that we continue to tell the story of what we do, that we continue to sell the value of the service, and we promote those individual cases that highlight the excellent work that our officers deliver up and down the country.

“The report is only as good as the contributions we receive,” Wilkes adds.

“We are grateful to those who make it happen each year.” n To download the full report, visit actso.org.uk

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Green Homes Grant Scheme By Michael McCaw

A green light for rogue traders?

The brief application window for the Green Homes Grant Scheme has raised concerns about its potential to attract rogues. Could a deadline extension remedy the problem?

“I don’t think there are enough accredited businesses in place that can cope with the sudden influx of work,” says CTSI Lead Officer for Energy and Climate Change, Steve Playle. “There have been stories about consumers having difficulty getting traders who are able to give quotes on work. I don’t know why they made it such a short timescale.”

The Green Homes Grant Scheme (GHGS) – in which £2bn of funding is to be allocated to members of the public who want to make their homes more energy-efficient by the end of March 2021 – was launched in September 2020 and has raised concerns that its short timeframe for applications could leave it open to opportunists and fraudsters.

Playle says right from the beginning of the scheme, traders were inundated by calls from consumers aiming to take advantage of the fund. Traders will have been overwhelmed with quote requests and some have subsequently started to inflate their prices. That will also attract bad players to the market, Playle believes.

“I’m aware of 70 or so new companies registered at Companies House since June using some or all of the words ‘Green Homes Grant’ in their names,” he says. “This is a sign that some companies may be jumping on the bandwagon without any experience in the industry.”

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The problem, says Playle, is that government finances are normally allocated per financial year – which is why the GHGS runs until the end of March 2021. According the Department for Business, Energy and Industrial Strategy (BEIS), the scheme was set to a tight deadline in order to assist in boosting the economy. “The Green Homes Grant is time-limited to give the economy an immediate boost as we build back better from coronavirus, creating tens of thousands of jobs, cutting people’s energy bills and reducing carbon emissions,” according to a BEIS spokesperson.

In response to the criticism BEIS has suggested that the funding and deadline for the GHGS could be reviewed.

“The potential funding for future years will be determined in due course,” said the spokesperson.

Rushed goals According to This is Money, suggestions have been made to extend the scheme by a year. That would still be unnecessarily restrictive, says Playle.

“Rumours of a 12-month extension deadline are not enough,” he says. “We are heading towards a net carbon-zero economy by 2050 so to try and spend £2bn in six months is just too short. They could have phased it in over a couple of years. Why are they rushing this through?

If you start rushing things, that’s when mistakes get made and when things start going wrong, so let’s make it at least two years.”

The scheme’s predecessor is the Green Homes Deal, which took place in 2015/16. Under that initiative, consumers had energy-saving measures installed in homes and the government guaranteed the costs would be met from the savings made in energy bills. The scheme collapsed after just 18 months, and there are still cases moving through the courts concerning poor standards of workmanship. Playle wasn’t surprised when it was curbed.

“It was just one of those crazy ideas

“Some companies may be jumping on the bandwagon without any experience in the industry” Winter 2020

Journal of Trading Standards

£2bn

the amount available under the Green Homes Grant Scheme

March 31, 2021 the Scheme’s current deadline for applications that when it was first published everyone raised their eyebrows and said: ‘Goodness me, is that really going to work?’

“I remember spending a couple of days doing the CTSI consultation response on the Green Homes Deal and it was just so easy to pick holes in everything about it,” he says.

“The government has left it for a while now, and they’ve come up with this scheme. It seems better than the Green Homes Deal, but the timescale is far too short.”

Cold callers Playle says there is likely to be an increase in instances of bad players taking advantage of a lack of knowledge around the scheme through cold calling.

Unregistered entities claiming to be “part of the Green Homes Grant Scheme” and offering to help save on major domestic energy projects that approach consumers are more than likely to deliver poor workmanship that will come at an inflated price and will “probably have to be ripped out and started from scratch again”.

www.JournalofTradingStandards.co.uk

An extended deadline would give TrustMark, the body responsible for registering entities, more time to process and investigate those organisations seeking a stamp of approval. TrustMark is an umbrella organisation that conta ins round 40 scheme operators – such as the Federation of Master Builders – that have each agreed to abide by the same core criteria.

Being listed on the TrustMark website means a trader is government-endorsed and approved as part of the GHGS. Only these traders can claim scheme vouchers to get the discount, and according to the BEIS spokesperson rules will be administered vigilantly.

“We have a zero-tolerance approach to fraud. The Green Homes Grant has been designed with the highest standards and consumer protection measures at its heart,” they said, via email.

“Traders found to be operating fraudulently will have their Green Homes Grant Scheme registration cancelled and will have to pay back any Grant payments received. If they are found to

have breached TrustMark’s rules they will also have their TrustMark registration revoked.”

Regardless, this doesn’t dampen concerns around cold callers and registered traders meeting demand, says Playle. “For the TrustMark-accredited traders their phones are ringing off the hook anyway, so they don’t need to go around doing cold calling because they are going to be really busy trying to meet the demand for this £2bn scheme.”

As things stand, the National Trading Standards’ intelligence team is now gathering information to pull together any signs of particularly problematic traders. A target has been set to audit at least 10 percent of installations related to the scheme, a figure Playle says is “encouraging”.

“If those audits are being carried out properly then it’s going to be quite easy to find out quite quickly which businesses are doing a good job and which businesses are doing a bad job.”

However, Playle adds: “That is a very big ‘if’.” n

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Copycat brands

By Helen Nugent

Walk the line

Copycat versions of brand-name products have been causing a headache for businesses and consumers alike for years – but does trading standards have a role in tackling them?

It’s fair to say that few people look forward to a supermarket shop. For the most part, a turn around the aisles is seen as a necessary evil, a mundane routine to be endured, particularly in these troubling times of coronavirus and mandatory face masks.

But it’s our timeworn habits when it comes to the weekly shop that so-called ‘copycat products’ are relying upon.

Whether you call these items lookalikes, copycats or even parasites, their misleadingly similar packaging exploits our desire to whip round the supermarket, our fast decision-making (typically around two seconds per item), and our subconscious responses to colour and shape.

This is not a new problem. It dates back to the 1980s and shows little sign of going away. The situation is exacerbated by the fact that consumers who purchase copycat products by mistake often don’t know what’s in their shopping trolley.

The British Brands Group, which champions brands in the UK, commissioned Gough Square Chambers to produce an Opinion on the applicability of the Consumer Protection Regulations 2008 (CPRs) to the problem of misleadingly similar packaging.

Gough Square barrister Michael Coley

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says: “It’s clear that a lot of consumers are either confused as to what they’re buying, so they pick up a copycat product thinking it’s the actual product, or they’re confused as to the nature of the copycat.

They know the product is not the product it’s copying but they think that, because it looks sufficiently similar, it might be made by the same group of companies or by a related brand and, as a result, have the same kinds of qualities.”

Buyers beware It may come as a surprise to learn that there is a requirement on grocers under the CPRs to make sure this doesn’t happen. Yet it can be the retailer itself that is the one to sail perilously close to the wind.

In the past, leading brands have taken retailers to court – most notably Penguin, who took issue with Asda’s Puffin chocolate bars in a 1997 case.

Asda was found guilty of passing off but was allowed to continue selling Puffins on the condition that the packaging was changed. But this kind of action is unusual, as John Noble, Director of the British Brands Group, explains.

“Because brand owners don’t have the remedies to deal with this themselves,

and trading standards don’t have the resources to deal with it, they are reluctant to go to law,” he says. “In the absence of enforcement by brand owners and trading standards, shoppers are left unprotected and with no champion.”

He adds: “We said to government right from the start, when the CPRs came in in 2008, ‘don’t put the onus on trading standards’. We’d much prefer trading standards to be focusing on other critical areas. Let brand owners enforce these regulations themselves in the interests of shoppers.”

Needless to say, the government went down another path. Today, legal claims against copycat products are tricky, not least because trade mark and copyright claims are very difficult. It’s easy for a retailer to adapt an existing design and then claim that they didn’t copy, and say

“We’d much prefer trading standards to be focusing on other critical areas. Let brand owners enforce these regulations themselves” Winter 2020

Journal of Trading Standards

BRANDS

‘COPYCATS’ shoppers couldn’t possibly be misled.

“The courts have set the high jump bar very, very high to the extent that you can’t, for example, go out and survey people for evidence of confusion because the opposition barrister will quite rightly say, well, this is an artificial exercise and you can’t rely on this kind of evidence,” says Noble. “That bar is really high for intellectual property rights, passing off, trade marks and the like. But the bar is just that little bit lower for the CPRs. However, that lower bar has no credibility with the retailers as a deterrent because they know that trading standards won’t enforce.”

As Noble says, it’s not that trading standards don’t want to take action, it’s that limited resources and more pressing priorities prevent them from doing so.

“The way the legislation is enacted in the UK is a problem in that it confines the ability to enforce to those who don’t really have the resources.”

Matter of priority So, what of trading standards?

Coley agrees that there are a variety of impediments when it comes to enforcement. “One reason trading standards may not always necessarily bring actions is that in some cases

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the products may not be sufficiently misleading to pass the threshold for an offence to have been committed. The test is that the average consumer will be misled and would take a transaction decision they wouldn’t have taken otherwise,” he says.

“Another reason is simply resources.

Quite rightly, there are other cases which might have higher priorities because, in those cases, there might be safety implications.”

Some might say, why do copycats matter? It’s only a cheap bottle of shampoo or a tin of pasta sauce. But it does matter, not least because it undermines the whole business model of branding and being able to compete on a fair and equal basis. Put simply, if you’re competing against copies, then it’s not fair competition.

Coley says: “When we’re talking about a bottle of shampoo that’s worth a few pounds, the detriment to the individual consumer on that purchase is not so great. But it’s when those consumers add up that you’ve got the detriment to industry and to the operation of the market. That’s where the real issue lies.”

He adds: “If it’s pushing up costs for the businesses who are being

copied because they have to take on regular rebranding exercises in order to differentiate themselves, that pushes prices up for consumers. And it erodes consumer choice because consumers aren’t making a free and informed decision. And while most people may well realise their mistake after they’ve bought something, or even before they’re about to buy something, the ones who don’t are likely to be the ones who need the most protection, such as vulnerable consumers, elderly consumers, and the less savvy consumers.”

Looking to the future, Noble would like to see an effective deterrent for supermarkets which commission misleading packaging, as well as a legislative change that would allow brand owners to bring action themselves.

Meanwhile, Coley thinks that it’s not necessarily a question of changing the law. “At the moment we have various public and private remedies… it’s really a question of making people aware that the law is there.” n

For further information, visit britishbrandsgroup.org.uk

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In conversation with: Jacqueline Minor

Journal of Trading Standards

I N C O N V E R S AT I O N W I T H

JACQUELINE MINOR The CTSI Brexit Think Tank European Advisor discusses why lack of clarity on the terms of the UK’s withdrawal from the EU presents real challenges for trading standards – and why it could not have come at a worse time

BY RICHARD YOUNG

As a former European Commission official, Jacqueline Minor is no stranger to the complex and sometimes convoluted processes that have historically underpinned much of the UK’s relationship with the EU. But speaking to her via Zoom in mid-November, I get the impression that even this most adept connoisseur of political bureaucracy is somewhat exasperated at the pace of progress in the EU Exit negotiations.

“We have now left the European Union but because of the transition period, we haven’t yet really experienced what that means,” she says. “We don’t yet know what shape the future relationship, if any, is going to take.”

Having previously served as EC Director for Consumer Policy between 2008 and 2013, Minor was appointed European Advisor to CTSI’s Brexit Think Tank in 2017 – a role to which she has been able to bring not just a wealth of expertise, but a fresh perspective on trading standards. “The Brexit Think Tank has done a remarkable job,” she says.

“I’m an outsider to the trading standards family, and the Lead Officers on the specific sectors have really put together an enormous amount of information and advice. And they’ve done so in a continuing climate of uncertainty.”

Uncertainty is, somewhat ironically, the only thing there can be any certainty about when it comes to Brexit. As the clock ticks down to the end of the transition period on December 31, 2020,

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significant and seemingly insurmountable questions remain about the UK’s future outside the EU, on a range of issues that could drastically affect consumer protection and the way in which it is enforced for years to come.

“The doubt which has subsisted since the referendum really continues,” says Minor. “We know certain things; we know that, for example, we’re not going to be plugged into any of the alert systems for dangerous consumer products or food, or into the ECC Network for cross-border consumer complaints.

“But we don’t know to what extent additional checks will be needed at the borders. We don’t know to what extent food products will be subject to additional inspections. The UK has sort of lifted and shifted all of the EU legislation across to domestic legislation but we don’t know to what extent that will change in the coming years. And we don’t know whether the rules on consumer rights in relation to online purchases and so on will change, which will have an impact on the work of trading standards officers.”

All this uncertainty presents a further risk for UK consumers, Minor believes.

“Rogue traders are always the quickest to spot an opportunity in any market,” she says. “Confusion and uncertainty present an opportunity to scammers and fraudsters. We’ve seen that with COVID-19 – people have used it as a cover for phishing, identity fraud and all sorts of things. And since there will

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In conversation with: Jacqueline Minor

be the same kind of confusion around Brexit, you can imagine that people will be approaching small businesses to say ‘You have to sign up to this, or you failed to register for this, or if you don’t immediately give us your bank details you’ll be fined’.”

Untold implications The work of trading standards – which continues against a backdrop of the COVID-19 crisis and budget cuts, not to mention Brexit – largely involves communicating reliable information to businesses to help them stay on the right side of the law. So to what extent is the lack of certainty around the UK’s postBrexit future a problem in and of itself when it comes to helping businesses to prepare for what comes next?

“Recently [staunchly pro-Brexit Minister for the Cabinet Office] Michael Gove was somewhat castigating businesses before a Parliamentary committee for not being properly prepared,” says Minor. “When you see reporting in the press about Brexit preparations, it often focuses on export businesses selling goods and services into the European market and the need for them to adapt.

“What you see less of is businesses who think they won’t be affected because they don’t trade in the European market – some of whom, for example, may be buying goods from a European manufacturer, producer or supplier, and will previously not have had the same obligations in relation to safety that will come into effect when they turn from distributor to importer. Suddenly, they’ll have a whole lot of obligations in terms of making sure that the product is safe which they didn’t previously have. I’m not convinced that most businesses will know that’s changed, nor will they necessarily know how to address it.”

This lack of awareness extends to consumers as well. “It remains the case that consumers don’t necessarily know where they’re buying from,” says Minor.

“If you buy from Amazon, for example, it usually will be executed by Amazon UK. But it’s possible, depending on what you buy, that it’s executed by Amazon France,

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or Amazon Germany, and so the law regulating the contract may not be UK law – it might be Luxembourg law, for example.

“Whereas before the end of the transition period, as a consumer, there were certain rights in relation to bringing cross-border complaints, those will disappear. There may be all sorts of implications in terms of customs declarations, and maybe even customs duties to pay.

“I’m not sure that either consumers or businesses have really woken up to all of the implications of this.”

And what about the Government – have they fully woken up to the implications themselves? Minor strikes a conciliatory tone. “To be fair to the Government, obviously they’ve been blown sideways

by COVID-19. A lot of administrative bandwidth and resources have been absorbed by fighting the pandemic, which might have been deployed in terms of better preparedness for Brexit.

“To some extent I sympathise,” she adds. “On the one hand, they are negotiating for what they hope will free them from making some of the investments that they would need to make if there were no agreement. If they do go ahead and build extra lorry parks, for example, on the assumption there won’t be an agreement, they will maybe spend a lot of money that they won’t need to have spent. But if they don’t spend the money they could find that come January there’s chaos; it’s a difficult decision.”

Loss of intelligence One of the few things that is clear from the withdrawal negotiations is that UK enforcers will lose access to EUbased intelligence systems. “We will certainly lose access to [Rapid Exchange of Information System for non-food products] RAPEX and [Rapid Alert System for Food and Feed] RASFF,” Minor says.

“There’s a public part of these databases, so we’ll still be able to see that. But it’s more limited information, and it’s available later than it is to member states.

“It can be crucial that you get timely information. If you think of the horse meat scandal, you need to know about a

Right Jacqueline Minor at a CTSI Brexit Think Tank meeting

Confusion and uncertainty present an opportunity to scammers and fraudsters.

We’ve seen that with COVID-19 problem in a timely fashion to be able to track it through the production chain. In the past, UK enforcers have relied quite heavily on their continental colleagues to pick up some of these things before they get into warehouses and onto supermarket and shop shelves.”

But there are also implications beyond just day-to-day alerts on product safety threats, she believes. “The other thing that we lose, which is intangible, is the shared exchange of knowledge. It’s not necessarily what appears in the database, the number of alerts that stack up, but the committees that work around those alert systems, where people can informally discuss emerging problems.

“If you can see some kind of new toy phenomenon or particular form of product which is an area of potential concern, you can share enforcement strategies, which is something that goes for both food and non-food products.”

Special relationship?

One of the most talked-about aspects of the UK’s post-Brexit future is the

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“I think it will come as a shock to the UK when it actually happens.

It is going to really make a difference”

possibility of new trade relationships with international partners, particularly the US. But will the arrival of the new Biden administration have any significant implications for negotiations? Minor thinks not and believes risks remain, particularly around food imports.

“Even before the US election result was announced, the UK Department of Trade had entered into a commitment that they wouldn’t change food standards,” she says. “It is possible to admit chlorinated chicken, for example, without changing production standards in the UK. You could argue that we can keep our production standards, but allow in food produced to different, possibly lower standards. That would be economically very damaging to UK poultry farmers, and I think to consumer confidence.

“In terms of the Biden victory, I don’t think it makes any difference whatsoever to the way in which the US will argue the agricultural aspects of any future trade agreement. I can remember being in Washington in 2009 or 2010 and going to a dinner with the head of the

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Federal Trade Commission. He spent the entire dinner lecturing the Europeans on their protectionist standards and basically telling us that there would be no [Transatlantic Trade and Investment Partnership] agreement unless we remove them. Those are the standards which keep out chlorinated chicken, ban hormone treated beef and restrict GMOs. “I just can’t see that the Americans are going to drop their demands. I don’t think it’s possible to reach an agreement without making concessions to the US in those areas.”

Shock to the system So at this late stage in the Brexit process, after more than four years of recriminations, political turmoil and confusion – what comes next?

“It won’t surprise you to know that I think it was an unfortunate outcome from the referendum,” she says, somewhat drily. “Having accepted that the course would be withdrawal, there are different approaches to a future relationship.

“I think it will come as a shock to the

UK when it actually happens. I think a lot of people think, ‘Oh, it’s happened and nothing’s changed. So it’s fine.’ But it is going to really make a difference at the end of this year.

“I worry about the economic shock, partly due to direct consequences, but also the indirect consequences,” she adds. “If, for example, farmers found themselves exporting lamb with a 38% tariff on it, they would lose their market.

I live in the countryside and I hear what farmers say all the time. Their margins are very tight; many are barely profitable or sustainable. So what do they do? The fear is that they could cut their costs in terms of animal welfare standards, hygiene standards, food production standards.

“Likewise, for non-food products, consumers could suddenly find that they don’t have the same choice, and prices rise. And again, importers and distributors might be tempted to cut corners in terms of safety or quality.”

Minor’s final point is sobering, and puts into perspective the scale of the challenge that consumer protection in the UK faces in the years ahead. “Another real concern is that we’ve already seen the trading standards arm of local authorities suffer a severe reduction in resources as a result of a general reduction in local government funding.

I do worry that both as a result of COVID and potentially because of the economic impacts that may come with Brexit, that’s a trend that is not going to be reversed, and might be exacerbated.

“You could have central government producing wonderful new legislation or maintaining all of our current rules and standards to protect consumers – but if enforcement has fallen off the edge of a cliff, then so what?” n

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UK ECC

By Elisabetta Sciallis

Looking beyond Brexit

While uncertainty over EU Exit presents a continued headache, the UK ECC is already looking at ways of spreading its skills out into the wider world, writes ECC Lawyer Elisabetta Sciallis Since the launch of the UK European Consumer Centre (UK ECC) in 2007 we have consistently grown the volumes of cases that we handle and the services we provide to consumers. Our functions have always been related to the provision of consumer law and assistance of consumers in resolving their disputes abroad. Building upon our track record for helping consumers we would like to continue to develop capabilities in this field, not only in providing our services within the EU, potentially under new structures and channels, but also to expand our capabilities as an international dispute resolution centre operating beyond the EU. Few UK organisations can combine advice and assistance as we do for crossborder disputes. One of our strong points is the provision of second-tier support for consumers. This means we follow the consumer dispute all the way from our first contact to its resolution. This also means that we facilitate UK traders in resolving their disputes with consumers in an amicable way.

Essential after EU Exit Since the UK ECC’s launch, we have helped consumers obtain redress between a set of highly harmonised regulations.

EU Exit looks to break many of these legal givens, replacing them with potentially complex and uncertain arrangements due to legal ‘divergence’.

So cross-border consumers are likely to need even more support going forward to navigate through diverging laws and regulations post-EU Exit.

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The UK ECC team, therefore, has an even larger role to play in helping to facilitate consumers during this uncertain period. Our guiding principle here is that consumers should continue to feel confident to enter contracts with EU businesses by knowing that, in case of problems, they would find an established organisation which can help deal with their disputes. Ineffective means of redress could have an adverse effect on consumers’ confidence, possibly resulting in fewer cross-border transactions taking place.

The UK ECC can step in to help prevent and also resolve disputes due to divergence in laws after EU Exit. A real example of this capability can be seen with the COVID-19 situation: since the spring lockdown various EU member states have responded with different emergency regulations, which take priority over well-known and established consumer rules. These measures have been adopted to safeguard interests within individual EU Member States, and have led to a significant amount of regulatory uncertainty. The ECC Network’s response has been very effective; by liaising with colleagues from counterpart centres we were able to quickly resolve disputes and give advice to consumers in need.

Going global Considering the UK’s proximity and trading volumes with Europe, the main aim of the CTSI contact centres, through UK ECC, is to preserve our strong relationships with the EU centres

and to continue offering cross-border support. In addition, there is scope for the development of international relationships further afield. So despite the uncertainty surrounding EU Exit, there are a number of opportunities.

One of our latest projects is to leverage our skills and expertise to give our centre a ‘global reach’. We have already started opening up discussions with a number of networks for cooperation in resolving consumer/trader disputes. The aim is to create close working relationships with consumer organisations around the world for cross-border disputes (similar to those established with the ECC Network). We understand that ‘closer joint working’ between consumer bodies is essential in order to address international challenges in consumer protection, particularly now, when the UK is seeking new avenues to trade globally.

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“The idea is to stimulate trade, support e-commerce and more, by making sure UK consumers feel as confident in shopping with non-EU countries as when they shop locally” on our expertise and experience with the EU, we hope to establish a dispute resolution network with ‘a global reach’.

CTSI – which operates the UK ECC – has signed MOUs with Japanese and Korean consumer organisations and we have an informal agreement with the New Zealand organisation. Also, we are currently in discussion to form formal cooperation with further consumer organisations across three continents, and are close to signing a new tranche of MOUs with Malaysia, Singapore, Russia and Latin America.

Overall, the non-EU project mission is very similar to that of the UK ECC. Our vision is to work strategically to enhance positive outcomes for our consumers through expanding our working relationship with international organisations and striving to reach a comprehensive geographical coverage for the benefit of UK consumers, but also non-EU consumers wishing to make cross-border purchases from UK businesses. The idea is to stimulate trade, support e-commerce and more, by making sure UK consumers feel as confident in shopping with non-EU countries as when they shop locally.

We aspire to achieve this by providing consumers with knowledge of cross-border consumer law and when necessary to help them resolve their disputes in an efficient way through the representation of the trader’s local organisation. Building

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Well connected The UK ECC is an established organisation with strong working relationships with a number of critical organisations, which go well beyond the regulatory minimum in facilitating resolution for UK consumers and which may benefit from a non-EU network. Our connections are both created to respond to consumer support requests in the course of the years and also for the need to support consumers.

Our collaborative routine activities include: signposting consumers to national organisations, providing data for enforcement authorities and, because of our front-line cross-border role, we are in the position to understand when laws are lacking or a particular market is more affected than others.

We routinely report on potential gaps in legal frameworks for policy organisations and market analysis through consultation papers and ad-hoc requests. We can use these channels to enhance communication between the various representative bodies and the non-EU network, sharing best practice and finding common ways to resolve

mutual issues. For example, we are aware of the rapid increase in the volume of e-commerce shopping and a parallel increase of support requests amongst non-EU countries.

Breaking barriers Consumer dispute resolution works when the organisations set to help consumers are working well together. Currently EU Exit creates challenges not only for consumers, but also businesses and enforcers alike, which, in turn, creates barriers to the resolution of disputes.

There is also significant uncertainty regarding consumer rights when shopping in non-EU countries and the various routes to redress which might be available.

I have understood from my experience in building up our Online Dispute Resolution platform that whilst there might be a high fragmentation of organisations or remedies, behind the scenes, consumers do not need to know the details.

The important thing is to provide a clear path towards the solution of their disputes.

In other words, the CTSI contact centre can be the gateway for consumers to access the bodies and organisations, both EU and non-EU, which will facilitate the resolution of their disputes in the most efficient way possible. We can pave the way for consumer redress before UK trade negotiations arrive, or whilst they are being undertaken. More broadly our work can encourage trade, contribute to raising standards for case handling, facilitate the development of consumer policies and help enforcers to protect consumers from harm both within the EU and internationally. n

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CPPD Module

WORDS BY

David Pickering David is a Chartered Trading Standards Practitioner and CTSI Lead Officer for Food Standards

Continuing Personal Professional Development Module

The systematic improvement of your vocational knowledge and skills - both through expansion and refinement – is absolutely essential in keeping on top of an ever-changing regulatory landscape at this time of restricted resources.

As part of its role leading the trading standards profession CTSI offers free CPPD modules through its publications. The Journal of Trading Standards is pleased to offer the latest in the series here.

After reading the article, you can head to the CTSI website to complete the questions (also included on page 50).

More details are included on the following spread.

Successful completion is worth one hour of CPPD.

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CPPD Module 19:

Food standards and EU Exit This module will examine the key issues that trading standards professionals need to be aware of as the UK extricates itself from EU-based food standards legislation The UK’s exit from the EU under a socalled ‘cliff edge’ scenario could add significant costs to the food industry, the food regulation system (particularly at UK ports of entry) and ultimately to the UK consumer. In such a scenario, there is also a high level of uncertainty about the implications of moving to World Trade Organisation (WTO) rules.

It is possible that it could take several years for the UK to move to full recognition within the WTO system, meaning a period of limbo and yet more uncertainty for the food industry; there could also be extensive changes for the food industry, standards, science and research capability, as well as for UK food inspection arrangements.

Altered expectations There may also be a need for acceptance by the UK consumer of food that does not meet expectations developed over many years of EU membership in terms of quality, composition, hygiene and standards of production. There are some differences between UK food standards (legislation and enforcement) and those of other countries. As a result of these different approaches, there could be significant public acceptance issues among UK consumers, even if concerns are not founded in evidence or are based on historic trade disputes and barriers between the EU and other nations.

Therefore, we expect society to demand high-quality interventions and control services post-EU Exit that ensure the food we eat is what it says it is.

There are additional challenges facing exporters to EU countries depending upon the type of deal that is achieved.

A deal where there is a system of harmonised controls will continue to see trade across a single border but not without continuing EU checks of the UK regulatory system. Audits by EU bodies (such as the DirectorateGeneral for Health and Food Safety (DG SANTE)) will still be necessary, and acceptance of EU standards will still require systems to be in place to ensure these are complied with.

Northern Ireland protocol The position with regard to many of the practical implications of the Northern Ireland protocol are still unclear, as although Northern Ireland remains within the scope of the EU legal framework the potential impact on businesses remains confused.

A deal in which we effectively become a ‘third country’ could lead to us having to comply with all current EU standards, still be subject to more stringent EU audits and missions, and require us to have a health certification system in place. This is an area where lack of resources in available certifying staff may become an issue. The consequences of any food scares or incidents may lead the EU to impose emergency controls upon the UK with increased costs for compliance, potential rejected consignments and damage to reputations and delays in clearance.

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“We expect society to demand high-quality interventions and control services post-EU Exit that ensure the food we eat is what it says it is”

For imports, where there is no such harmonised deal, the UK would be free to determine its own imports control system.

However, it would be in the interests of the UK to have an effective and robust system in place, to minimise the risk from food scares and incidents.

Challenges would include implementation of IT systems (for example, to replace the Trade Control and Expert System (TRACES)) approval processes for food establishments in EU and other third countries (for example, inspection of premises, certification of consignments and auditing of other national food inspection bodies) and training programmes both for UK inspectors, businesses and representatives from exporting countries as to how to meet UK standards.

A bespoke system could offer the UK a more risk-based system that could be more targeted than the blanket-type policy which is arguably the approach of the EU at the moment (for example,

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for products of animal origin). However, implementation of any new standards will require the necessary resources to support these.

Future food policy Staying as close as possible to EU food standards will help deal with issues of cost, safety, quality, certainty, consumer confidence and smoother trade relationships. Equivalence of UK systems could be assured by means of any transitional or long-term EU trade arrangement.

A further opportunity will be for the UK to establish a new Food Act that clearly sets out the UK’s vision for better food, farming and fishing, helping to frame current and future decision-making.

However, such a vision is hindered by two particular factors.

The first is that devolution of key powers from Westminster to Scotland, Wales and Northern Ireland presents particular challenges in respect of EU

Exit, and concerns remain in regard to the lack of both public and governmental awareness of these. Food standards is a matter that is devolved to all the respective administrations.

The second is the spreading of central government responsibility in England for food standards and food fraud-related issues across three organisations – the Food Standards Agency (FSA), the Department for Environment, Food and Rural Affairs (Defra) and the Department of Health and Social Care (DHSC) – has exacerbated the lack of a joined-up approach to the issues.

We also currently have a situation in which EU regulations are enforceable in Wales, Scotland and Northern Ireland, but not England. Neither the Westminster government nor the FSA can unilaterally make decisions in respect of food standards and safety systems and processes; it must secure the agreement of the devolved administrations, and this builds in additional levels of complexity.

Provision of EU regulatory functions Working within the EU, the UK has developed its approaches to food standards, consumer protection, animal welfare, pesticide and farm antibiotics control, international policing of food fraud, and much more. As the UK leaves the EU there is likely to be intense pressure from political forces and new trading partners to work to other standards; most notably including those agreed globally by the WTO reference body, the UN Food and Agriculture Organisation (FAO)/World Health Organisation (WHO) Codex Alimentarius Commission (of which the UK and EU are both members).

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CPPD Module

CPPD MODULE 19: FOOD STANDARDS AND EU EXIT Review the eight questions below, and when you’re ready, submit your answers at tradingstandards.uk/cppdtest 1. If the UK leaves the EU with no deal, businesses exporting to the EU will need to follow World Trade Organization (WTO) rules. a) True b) False

5. How many organisations have responsibility for food standards and food fraud-related issues in England? a) One b) Two c) Three

2. If the UK leaves with no deal, what status will it have regarding trade with the EU? a) Preferred country b) Special country c) Third country

6. Food standards policy and legislation in the future outside the EU can be developed for the UK by the Westminster Parliament. a) True b) False

3. Which EU body will check UK food regulatory systems for suitability for any future trade deals? a) the European Council b) European Food Safety Authority (EFSA) c) the European Court of Auditors d) Directorate-General for Health and Food Safety (DG SANTE)

7. Select the correct answer. What is the acronym for the EU food alert system? a) RAPEX b) RASFF c) RFFAS d) RAFFS

4. Responsibility for food standards regulation in the UK at central government level is with: a) the Department for Environment, Food and Rural Affairs (Defra) and the Food Standards Agency (FSA) b) FSA, Defra and the Department for Business, Energy and Industrial Strategy (BEIS) c) the Office for Product Safety and Standards (OPSS), the Department of Health and Social Care (DHSC), Defra and the FSA d) DHSC, Defra and the FSA

8. The Codex Alimentarius is: a) A set of international food standards, guidelines and codes of practice adopted by the UN and the WHO b) A set of international standards based on principles established in Roman times c) A set of international guidelines developed by the EU d) A set of international guidelines that food businesses developed to help trade work better between countries

Applicants who complete the module successfully will be given a certificate. The test must be taken by January 31st, 2021.

If you have any questions, please email training@tsi.org.uk

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Threats and opportunities Currently, many non-EU trading nations criticise the EU for setting standards that diverge from those which are globally agreed and claim that they are non-tariff trade barriers. As the EU is unlikely to rapidly align with globally agreed standards in a short space of time, the UK government will be left with decisions to make on which standards to apply in order to trade most effectively.

However, this is not a binary choice.

The UK could have different standards in play for different markets following other international models – for example, the US ‘non-hormone treated cattle program’ – that meet EU import requirements in a segregated supply chain. It is important that the government ensures that all standards applied post-EU Exit are based on the best scientific evidence and risk assessment in order to afford the UK population and trading partners assurance of high levels of protection.

The UK’s regained sovereignty could also be used as a transformational opportunity for the UK to show global leadership by adopting policies that set us on a path towards an increasingly sustainable food future. The UK’s food system could be governed in a way that meets ambitions and international obligations for ending hunger and tackling climate change, achieving UN sustainable development goals, promoting health and wellbeing, as well as supporting diverse food producers at all stages of the supply chain, on whose skills and livelihoods we all depend. It is important that UK trade policy should support a positive vision.

It is imperative that the UK

“It would be in the interests of the UK to have an effective and robust system in place, to minimise the risk from food scares and incidents” www.JournalofTradingStandards.co.uk

EU EXIT SCENARIOS Although there may be a deal agreed with the EU by the end of 2020 the final picture will depend upon what happens during the negotiations. It is sensible to be aware of the possibilities that still exist.

Broadly, there are three possible scenarios: ● ‘Cliff edge’ The UK dropping out of trading arrangements with the EU, and moving to international trade deals governed by World Trade Organisation (WTO) and other bilateral arrangements. ● ‘Deep and comprehensive deal’ The UK and EU agreeing a full trade agreement, governed by current or equivalent institutions and standards, in perpetuity. ● ‘Canada-type deal’ This could mean removal of some tariffs but quotas could still apply; border checks will probably still take place.

government ensures effective national and international incident management liaison measures are in place for consumer goods and food, as currently covered by CE marking of products and systems such as the EU Rapid Alert System for Food and Feed (RASFF).

It is also very important that the UK sets how the roles played by EU bodies such as European Food Safety Authority (EFSA) and the European Commission are fulfilled. As an example, EFSA approve health and nutrition claims for use with foods, and this process is under question for the UK post-EU Exit (EFSA have assessed thousands of claims since the regulation came into force). The FSA have been recruiting expert panels for various functions currently carried out

by EFSA but how they will work has not been outlined publicly.

For food, good regulation is vital for standards, public health, quality and consumer confidence; helping to avoid the frequent scandals and disease outbreaks that too easily undermine the food industry and consumer confidence.

The consumer price of food is of course important, but a race to agree trade deals only on the basis of reducing food prices will be counterproductive. n

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Legal

By Alexander Greenwood

CPRs vs. the FRAUD ACT When bringing prosecutions, trading standards officers can have the option of making use of the CPRs or the Fraud Act – and sometimes both, writes Alexander Greenwood Charging decisions are tough. The size of trading standards investigations has expanded dramatically in recent years to cope with the explosion of retail sales via the internet. Often, any true criminality is masked and its extent only becomes apparent well into the course of the investigation.

The correct charges can be difficult to determine but can make or break a case.

Correct charging from the outset can result in early pleas and the avoidance of a trial where, as experience informs, anything can go wrong… and often does. It can also avoid potential abuse of

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process arguments as prosecutors seek to amend charges skywards to reflect evidential developments.

Between 2006 and 2008 the Labour Government introduced two of the most potent and effective tools to help trading standards departments in the fight against crime: the Fraud Act 2006 and the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs).

The introduction of the two regimes overhauled the legal landscape.

This article concentrates on the most common and most effective offences: Fraud by False Representation contrary

to section 2 of the Fraud Act 2006 and its CPR counterpart, Misleading Action contrary to regulations 5 and 9 of the Consumer Protection from Unfair Trading Regulations 2008. It aims to compare the advantages and disadvantages and explain why a combination of the two can be a potent tool.

Fraud as a state of mind Fraud by false representation1 is the acme of legislative drafting. Derived from the Law Commission’s comprehensive 2002 report, the offence includes any representation as to fact or law, including the state of mind of the person making the representation or any other person.

It can be express or implied. It could be the shrug of the shoulders when asked to comment on the quality of prior

Winter 2020

Journal of Trading Standards

representations over days, weeks, months or even years under the same single count.3 However the offence, existing as it does in the mind of the defendant, does require the prosecution to prove that criminal stalwart, dishonesty.

Section 2(1) of the Fraud Act 2006

1

2 Section 2(2) of the Fraud Act 2006 3 CPR 10.2.(2) and para 11 to 14 Criminal Practice Direction II (Preliminary proceedings)

R v Ghosh (1982) 75 Cr App R 154

4

CPR reg 17

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CPUTR 2008 Reg 2

6

workmanship. It could be the entry of data on a system or device – the chip and PIN machine for example. However, it does not require the act to which the representation relates to have actually been carried out, only that the words/ gestures/PIN number were spoken/ written/grunted/input for gain or to cause loss to another.

The representation must be false.

By definition2, it is ‘false’ if it is untrue or even misleading and the person making it either knows it is untrue, misleading or even that it might be. It is the state of mind which lies at the heart of the offence.

Since an amendment to the Criminal Procedure Rules in 2015, this simple comprehensive offence can include a course of conduct and involve numerous

www.JournalofTradingStandards.co.uk

Bye Ghosh In a recent decision, the famous dishonesty “Ghosh test,”4 which had been taught to law students for more than 35 years, was revealed by the Supreme Court to be wrong. Labouring in their legal laboratories, the learned Law Lords found that the two-limb test that what was done was dishonest according to the standards of reasonable and honest people (the jury) and secondly that the defendant knew by those standards what he or she did was dishonest, was in error.

In fact, the actual test for dishonesty requires the fact finder to first determine the genuinely held belief of the defendant and then determine whether it was dishonest by applying the objective standards of ordinary decent people. In practice, the prosecution must now prove that illusive (and newly defined) mindset.

Examples of evidence from which the state of mind may be inferred may include evidence that the defendant is on notice that what they are doing is unlawful; past warnings by trading standards officers; previous interviews under caution from earlier investigations; previous cautions/ convictions or even evidence which did not lead to a prosecution or resulted in an acquittal.

Standard of proof Fraud requires proof of a guilty mind.

The regulatory equivalent does not. The trader is liable irrespective of intent if the action is misleading (subject to an “all reasonable precautions and exercised all due diligence” defence5).

An offence of strict liability does not require the prosecution to prove that inferred mental element of the offence.

“Fraud requires proof of a guilty mind. The regulatory equivalent does not. The trader is liable irrespective of intent if the action is misleading” It consists of a commercial practice, defined as “any act, omission, course of conduct, representation or commercial communication by a trader”6.

Prosecutors must prove that the practice contained false information or that its overall presentation deceived or is likely to deceive the average consumer in relation to features like the nature of the product, main characteristics, nature of the sales process, price etc. Seemingly a higher bar than fraud?

Further complications arise in the strangulated and non-jury friendly wording taken from the EU Directive that the offence “causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise”.

Crown Court Judges have struggled when directing juries with the strangulated and unfamiliar wording taken from the EU Directive and reflected in the CPRs. It is a common experience for advocates to observe the trance-like state which descends over the faces of excited jurors hoping for a murder or robbery trial… only to be read the wording of the CPR charges which, of necessity, must contain all the elements of the offence.

So much simpler to allege the universally understood label 'Fraud' in order to pique juries’ interest.

Cunning defence counsel may seek to confuse and question who exactly

| 53

Legal

By Alexander Greenwood

“Surely proof of an actual sale will always provide the best evidence that the “average consumer” would have taken such a decision” this “average consumer” might be?

Is it you members of the jury? Or is it Mr Jones, the victim? Or perhaps the offence is victimless and predicated on that old legal trope, the hypothetical man on the Clapham Omnibus? What about the trading standards officer in a test purchase? Can he or she be the “average consumer”?

In a recent decision of Warwickshire CC v Halfords Ltd. (2019) 1 WLR 3597, the High Court considered the point. A trading standards officer had booked a vehicle in for a full service. The vehicle had previously been examined and defects noted by a prosecution expert.

Various faults were neither identified or rectified. The District Judge at first instance held that the officer was not a “consumer” within the meaning of the Regulations.

On an application to state a case, the Divisional Court held that a “commercial practice” (for the purposes of the Unfair Commercial Practices Directive7) could be constituted by or derived from a test purchase of a product including a service that was generally promoted and intended for purchase by consumers, even where the purchaser was not actually a consumer.

The Prosecutor’s perfect victim (accepting that the wish is that such matters never come to pass) is perhaps the mythical little old lady who lived alone and has been the victim of doorstep crime. She has suffered the loss of savings, is frightened, lucid, and participated in an ABE interview to record the evidence in the case. But

54 |

is this victim the “average consumer”?

Strictly speaking perhaps not. But surely proof of an actual sale will always provide the best evidence that the “average consumer” would have taken such a decision. It would require a bold defence advocate to argue that Mrs Jones, the mythical old lady of the previous paragraph, may well have not bought the item if she knew then what she knows now, but that the average consumer would not!

Assistance can be found in the now somewhat outdated Office of Fair Trading Guidance8 which accompanied the introduction of the Regulations.

Practitioners may be assisted by the

Case studies ▪ In R v Greig (2010) EWCA 1183 rogue traders overcharged and obtained £6,850 for garden works valued at £300. The disparity of value was so great that dishonesty could clearly be inferred. But where is the line?

What if they had charged £3,000, £1,000 or £600? It is a question of fact to be considered in every case. The line is unclear.

▪ A more recent and less extreme illustrative example can be found in the case R v Jackson (2017) EWCA 78 where a 97-year-old was charged £350 for valueless work. Although the court was only considering sentence, imprisonment was upheld.

▪ In R v Montague (2015) EWCA 902, the court considered the sentences for rogue traders.

Building works were fraudulently charged at £41,000 but assessed by a surveyor witness for the prosecution to be worth no more than £15,000 and fraudulently represented as £41,000.

examples given within the guidance as illustrative of the scenarios envisaged as falling within the umbrella of the Regulations. What of the consequences?

Fraud by false representation carries a far greater sentence – a maximum of 10 years imprisonment. There is also a Sentencing Guideline which a simple search of the internet will locate, which sets out the stages that the Court will undergo in taking account of harm, culpability and calculating the sentence.

Sentences are therefore higher, more structured and more capable of prediction than the assorted fact-specific CPR offences which occasionally reach the Court of Appeal.

The added element of “mens rea” or “guilty mind” that dishonesty imputes is reflected by Parliament, the Sentencing Guidelines and the judiciary in significantly higher sentences.

However, the concepts of “culpability” and “harm” still form the cornerstone

Winter 2020

Journal of Trading Standards

7

Directive 2005/29/EC

https://assets. publishing.service. gov.uk/government/ uploads/system/ uploads/attachment_ data/file/284442/ oft1008.pdf

8

Section 143 Criminal Justice Act 2003

9

of the sentencing process9 in relation to CPRs. Many of the recent Court of Appeal judgments highlight the need for these two statutory limbs of the sentencing process to be considered.

A recent example of this in a CPR context is the case of R v Malik (2020) EWCA 957, where sentences of 14 months imprisonment were appealed following a trial in connection with the provision

“Prosecuting practitioners beware of the cunning defence advocate seeking to persuade agreement that for regulatory offences the jurisdiction of the Magistrates’ Court is retained” www.JournalofTradingStandards.co.uk

of substandard and misleading car valeting services at Gatwick Airport.

Lord Justice Coulson, giving the lead judgment, considered arguments about harm and culpability. It was held that when considering the issue of the custody threshold, the trial Judge was “par excellence” best placed to consider the issue. The appeal was dismissed.

What to charge?

In many instances, the two offences will both be made out from the same evidence. The only material difference to the evidence required to prove the offence is that in relation to the mental element of dishonesty.

What occurs in the mind of a defendant will (subject to a confession in interview) always be a matter inferred from the evidence. In some instances the evidence may demand that dishonest intent is admitted to facilitate a length of sentence to meet the justice of the case. But the line

between the two offences is often blurred.

Where the evidence permits, it is common practice to have alternative counts. For example, it is standard practice throughout the land for the CPS to charge a nasty assault as both a section 18 GBH with intent and a section 20 GBH as an alternative charge. If the jury are unsure of the intent they can still convict on the lesser charge (but not both).

This approach has benefits. Wily defence advocates will be alert to the huge disparity of sentencing powers and dangle the carrot of pleas before a defendant to the lesser offences to obviate the risk of the greater sentence.

Whether to accept those pleas is exclusively a matter for the prosecuting authority. Prosecuting practitioners beware the cunning defence advocate seeking to persuade agreement that for regulatory offences the jurisdiction of the Magistrates’ Court is retained. The maximum sentence in the lower court is but a fine. Community Orders, custodial sentences or confiscation proceedings must be sent to the Crown Court.

Prosecutors should also be alert to the necessity in clear cases of dishonesty to require an admission or conviction to ensure that justice is done and a condign sentence imposed. A wrongly compromised case, resulting in a light sentence, can incur judicial and victim wrath when the defendant walks free with implications beyond the doors of the court.

Charging decision are tough. But the canny Prosecutor in the right case, where the evidence exists, can have their cake, eat it… and ensure that justice is done. n

About the author Alexander Greenwood is Barrister at Law at Apex Chambers and a door tenant at Gough Square Chambers.

He is a contributor to ‘Consumer and Trading Standards: Law and Practice’ (the ‘Pink Book’ 2020 onwards). alexander.greenwood@ apexchambers.net

| 55

Diamond terminology

By Lindsey Straughton

A diamond standard

New official guidance for the diamond trade also serves as a useful information resource for trading standards officers The new ‘Diamond Terminology Guideline’ published by the National Association of Jewellers (NAJ) has been designated as ‘Assured Advice’ by Buckinghamshire & Surrey Trading Standards, meaning it can be used as a reliable information resource by trading standards professionals and consumers. The Guideline also serves as an internationally recognised document on diamond nomenclature.

This ‘peace of mind’ guarantee for those buying diamonds is part of the NAJ’s mission of encouraging “the values of Honesty, integrity and professionalism within the jewellery trade”. Every member of the NAJ must agree to abide by its Code of Conduct on sign up.

According to NAJ Chair, Gary Wroe: “We have seen other global markets suffer from a lack of agreed-upon terms to describe natural diamonds, laboratorygrown diamonds and diamond simulants.

Rather than waiting for this to happen in the UK, we decided to act swiftly and efficiently by working with trading standards. The team at Bucks & Surrey immediately took our goals seriously and we can now move forward with clear and more enforceable terminology.”

Philip LeShirley, Senior Trading Standards Specialist at Buckinghamshire

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& Surrey Trading Standards, comments: “We are delighted to be working with the NAJ on what is an important area of consumer law.

“Consumers should have a very clear understanding of what they are buying, especially when it comes to high-value products like diamonds. The risk to the consumer could be severe in some cases if the ‘Assured Advice’ is not followed. We are pleased to support the NAJ and NAJ members.”

If businesses abide by ‘Assured Advice’ from a Primary Authority – such as Buckinghamshire & Surrey Trading Standards – they won’t need to follow conflicting advice from other sources, and they should be protected against the risk of enforcement action from authorities

“Consumers should have a very clear understanding of what they are buying, especially when it comes to high-value products like diamonds.”

that have different views on what they should be doing to achieve compliance.

This method of strengthening the credentials of resources such as the ‘Diamond Terminology Guideline’ is relatively unique to the UK market, and has been looked upon favourably by the World Jewellery Confederation (CIBJO).

Gaetano Cavalieri, CIBJO President, says: “We operate in an industry where success in business is absolutely predicated on consumer confidence, and that is enriched when clear and standard language is used, as is the case with the ‘Diamond Terminology Guideline’. NAJ’s successful collaboration with the British Trading Standards authorities, having the guidelines recognised as Assured Advice, is an inspired effort and should be emulated worldwide.”

The ‘Diamond Terminology Guideline’ is intended to benefit consumers and protect Members of the NAJ. For trading standards professionals this means that those ignoring the Guideline could be deemed to be in breach of consumer protection laws if a customer feels they have been mis-sold or misguided. The NAJ also believes the document could be a useful tool in a court of law.

Winter 2020

Journal of Trading Standards

DIAMOND DEFINITIONS

Credit: Natural Diamond Council

About the National Association of Jewellers The NAJ is the trade body representing all sections of the UK jewellery industry. With over 130 years of history, and more than 2,000 members, its membership includes everything from bullion dealers to registered valuers.

The Association was formed in 2015 through the unification of the British Jewellers’ Association (BJA) and National Association of Goldsmiths (NAG). Every NAJ member is required to abide by the NAJ’s Code of Conduct.

www.JournalofTradingStandards.co.uk

▪ A diamond is a mineral created by nature; “diamond” always means a natural diamond.

▪ A synthetic diamond is an artificial product that has essentially the same physical characteristics as a diamond.

▪ An imitation diamond, also named a diamond simulant, is an artificial product that imitates the appearance of diamonds without having their chemical composition, physical properties or structure.

▪ A gemstone is a mineral of natural origin that is used in jewellery for reasons of combined beauty, rareness and intrinsic value.

Interpreting a worldwide guideline The NAJ has written to its members and provided some interpretations to the Guideline, including words of warning. It writes that they have an obligation to disclose clearly and accurately the nature of the product they are selling – whether the information has been requested or not. It reminds jewellers that best practice is to provide the consumer with information before the purchase – for example, on the website alongside the product, and verbally and in writing in store.

The NAJ also warns confusing expressions such as ‘natural treated diamond’ or ‘treated natural diamond’ should not be used. In these instances, ‘treated diamond’ would suffice (it should be noted that there are treated synthetic diamonds too). Other examples of

“We operate in an industry where success in business is absolutely predicated on consumer confidence”

misleading terms include ‘real diamond hybrid’, ‘cultured diamond’, ‘vegan diamond’, ‘Type IIa diamond’, ‘CVD diamond’, ‘HPHT diamond’ and ‘ecofriendly diamond’.

A global guideline The ‘Diamond Terminology Guideline’ was developed in 2018 as a collaborative effort between the NAJ and other diamond industry organisations, including the Natural Diamond Council (NDC); CIBJO; the Responsible Jewellery Council (RJC); Antwerp World Diamond Centre (AWDC); Gem Jewellery Export Promotion Council (GJEPC); The Israel Diamond Institute (IDI); the International Diamond Manufacturers Association (IDMA); the World Diamond Council (WDC); and the World Federation of Diamond Bourses (WFDB).

The United States Federal Trade Commission (FTC) has produced its own subtly different guidance on diamond terminology, but this is not recognised for diamonds sold outside the US. Alan Cohen, President of the London Diamond Bourse, says: “This is a great initiative by the NAJ to get the ‘Diamond Terminology Guideline’ into Assured Advice and accepted by UK Trading Standards. The call for disclosure and accurate information, whether requested or not, is vitally important.

This can only strengthen consumer confidence. Let us hope other countries will follow NAJ’s lead.” n

About the author Lindsey Straughton is Industry Ambassador at the National Association of Jewellers

For further information and to read the Diamond Terminology Guideline, visit: naj.co.uk/advice/buying-diamonds

| 57

Last Word

Where would we be without…

an office?

Eleni Chalkidou Eleni is Editor-in-Chief at the Journal of Trading Standards and Director of Communications at CTSI

I have felt much more connected to my colleagues than I have in my entire time at CTSI

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I am docked in the living room in my favourite corner of my L-shaped sofa editing a press release about the latest scam warning from Joint Lead Officer for Doorstep Crime, Katherine Hart, when I hear: “Alexa… ALEXA! How many minutes on the timer?!” Achilles, my droll seven-year-old son, is impatiently blaring at the device and waiting in anticipation. “There are seven minutes left on your 30-minute timer,” chimes Alexa.

I look up from my laptop and glare at him.

“Achilles, please stop with the screaming, put those button batteries down (where did he even find those?) and crack on with your ‘Big Read’.”

Smugly he retorts: “I know! I would die if I accidentally swallowed one, then you’d revive me to kill me again for being such a moron!”

We look at each other. He is now chuckling - half laughing, half hiccupping. I don’t know why and how I find myself laughing so hard, but all of a sudden, I can’t stop. Tears gather in the corners of my eyes, threatening to spill over due

to unstoppable giggles. Achilles is now doubled over in stitches, pointing with a shaky hand at the button batteries.

Oh, the joys and memories of lockdown 1.0.

How has it been, working at home without an office or face-to-face contact with colleagues? The daily routine of our work environment, with its interactions and social energy, is part of the reason we want to give it our all every day. It could never be replaced by working from home, right? Wrong.

I had not seen my desk for months and it felt strange going into the office with the entire Communications team to run the Virtual Symposium and Hero Awards 2020. The truth is that since lockdown 1.0 in March, and now into lockdown 2.0, I have felt much more connected to my colleagues than I have in my entire time at CTSI. New, collaborative technologies and the quick action taken by individuals within CTSI to ensure we had the equipment required, meant that to do our work we only needed a decent internet connection. Employees save time as they no longer have to make an hour’s journey each way to come into the office, and I dare say many are even more productive when working from home.

I hear many argue that being in an office fosters better collaboration and communication. But actually, if it means sitting at a huge distance from people due to COVID-19 restrictions, being in an office would just make me feel lonely and would be even more of a constant reminder of the pandemic.

I see my team daily via Microsoft Teams and speak to people I need to liaise with regularly to get the work done. So what, if some of my most brilliant ideas for the latest campaign on toy product safety come to me in the middle of a nice, relaxing lunchtime shower?

Don’t get me wrong, with Achilles back in school, I love the fact that if I chose to work from the office, I have the freedom to do so. But I also know that we will all need to adapt significantly when we start discussing the return to the workplace. Organisations will have to ensure employees are confident about returning to work and feel safe to do so. The question then remains: could we do without an office in the long term?

There is no clear answer and it will very much depend on each of our personal circumstances. ■

Winter 2020

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