TS Review April 2017

t h e t r a d i n g s ta n da r d s j o u r na l

April 2017 Issue 10

Local Authorities to benefit from practical online legislation guidance By offering legislative training to your retail business partners, you can now generate additional income.

Working in partnership with Virtual College under the joint ‘TradeSimple’ brand, CTSI has developed a suite of practical online courses which offer traders jargon free, step-by-step guidance to important legislation.

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• • • • • •

Prevention of Underage Sales Consumer Contracts – Distance Sales Consumer Rights Act 2015 Trading Fairly Storing and Selling Fireworks Safely and Legally Consumer Contracts – Off Premises Sales

Coming soon •

Alternative Dispute Resolution

For further details please visit www.tradesimple.org.uk or email productinfo@tsi.org.uk

editorial board Our guide to who’s who

Leon Livermore Chief executive, CTSI After 25 years in local government, Leon joined the Chartered Trading Standards Institute as its chief executive in 2013.

New chapter for a tale of woe

sara barry head of safer communities, Lincolnshire CC Sara has promoted risk reduction while guiding Lincolnshire Trading Standards Service through major budget cuts. She is now chair of CTSI Council.

The government’s auditors have been busy. No sooner had the National Audit Office (NAO) published one report, warning that councils will struggle to deliver statutory services, than another one drops urging regulators to do more to protect vulnerable consumers. The former only alludes to the woes in the

Welcome

Chris Fay // Editor-in-chief

trading standards profession, but we understand it will be considered by the Public Accounts Committee along with a third NAO report – one that puts the results of CTSI’s latest Workforce Survey, and some of the problems facing the profession, front and centre.

Clearly there is a thread running through all three. By raising concerns that councils will struggle to deliver statutory services under 100 per cent businessrates retention, the NAO has endorsed the long-held views of many in local government. Years of austerity have already taken their toll and the simple fact

Phil Owen Assistant director, Regulatory Delivery, BEIS Phil is a committed trading standards professional with experience across the private, public and not-for-profit sector.

is that councils are already struggling with their statutory duties.

Many other agencies and organisations are starting to see what that looks like, and in this edition we examine a report by HealthWatch. The charity that scrutinises health claims is concerned that consumers are commonly misled into wasting money on false promises of benefit and argues that the industry can cause substantial harm. On the other hand, most of the products it focused on were inert and there was no consumer detriment to speak of, so it’s not hard to imagine where this sits in the resource/priority equation.

The 100 per cent business-rates-retention scheme is the government’s panacea. It is hoped it will incentivise local authorities and drive up growth and revenue. The NAO argues, however, that such projects are prone to ‘over-optimism’. The report adds that there is no evidence the current scheme

Dr Louise M Hassan reader in managerial studies, bangor business school Louise’s research interests are international in nature, and focus on transformative consumer research.

– whereby councils retain 50 per cent of business rates – has supported any economic growth or even the adoption of any pro-economic growth policies.

It does acknowledge that the government has learned lessons from the 50 per cent scheme and was applying them to its 100 per cent plans. I wish them luck.

Thanks for reading.

3

editorial board Editorial enquiries: Carina Bailey // Tel. 0345 608 9468 // Email. tsreview@tsi.org.uk

chris fay editor-in-chief

Illustrations. Paddy Mills

Advertising enquiries: Judith Thurston // Tel. 01268 582221 // Email. advertising@tsi.org.uk

Carina Bailey Editor

Christine Heemskerk Independent consultant Christine is a self-employed consultant to the trading standards profession.

Mike Sewell Managing director, CPL Mike is MD of award-winning content agency CPL, which produces both TS Today and TS Review.

matt allwright columnist

Louise Parfitt writer

craig mcclue Lead Officer and Policy Executive

BEN RICHARDS Campaigns and Policy Executive

Adrian Simpson service director (commercial services) CTSI Adrian is a former trading standards officer with an academic background in journalism.

Debra nelson ART DIRECTOR

TS Review is part of a family of publications published by the Chartered Trading Standards Institute.

It is written, designed and produced by CPL (Cambridge Publishers Ltd).

Tel. 01223 477411 // www.cpl.co.uk // @CPLCambridge ISSN 2058-3656

Gareth Walters Team Leader, Monmouthshire trading standards service Gareth is trading standards and animal health team leader for Monmouthshire CC. He became a CTSI Fellow in 2013.

See CTSI’s monthly TS Today magazine online at www.tradingstandards.uk/tstoday Download the app: search TS Today at

About the Chartered Trading Standards Institute: www.tradingstandards.uk // Tel. 01268 582200 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon SS15 6TH The opinions expressed in editorial material do not necessarily represent the views of CTSI.

We encourage your feedback. Write to tsreview@tsi.org.uk or comment at

4

CharteredTradingStandardsInstitute

@ctsi_uk

Chartered Trading Standards Institute

/TeamCTSI

Contents 46

30

39

April 2017

24-29

6–10

digest trading standards in the news

Academia: financial scamming Preventing scams through early intervention

t h e t r a d i n g s ta n da r d s j o u r na l

30-34

11

spotlight: patrick ladbury Uscreates’ business development director explains how to take the pain out of change

abstracts Quotes and stats from TS Today

12-14

analysis Should scams be recategorised as an aggravated crime?

15

viewpoint broadcaster Matt allwright has his say

16-17

viewpoint Policy debate

April 2017 Issue 10

TSR Apr17 pp01 cover and spine.indd 2

20 cover story New research by HealthWatch shows how deep cuts to trading standards are beginning to bite

04/04/2017 08:43

36-38

e-Crime How operation Jasper is disrupting the supply and sale of illicit goods on social media

39-40

Budget 2017 So what’s the consumer green paper all about?

41-44

CPPD training Safeguarding in times of austerity

46-49

Legal tackling online consumer fraud

50

DOWntime Quirky quips from the world of trading standards

April 2017

5

Whirlpool told to warn tumble-dryer owners

digest

Peterborough Trading Standards has issued an enforcement notice, instructing Whirlpool to warn owners of faulty tumble dryers not to use them until they have been modified by an engineer. After an internal review, Peterborough TS concluded further action was needed to protect consumers. In recent months, there has been an escalation in incidents, and consumer group Which? has announced judicial review proceedings.

SCaMS reSearCH

One-fifth of people aged 55 and over suspect they were targeted by a fraudulent investment scam in the past three years – rising to one-third among the over75s, according to the Financial Conduct Authority. It is thought a combination of pension freedoms and low interest rates, offering poor returns, are making the over-55s an increasingly attractive target.

PeterboroUgH and CaMbS Plan to SHare ServiCeS Peterborough City Council and Cambridgeshire County Council are considering sharing trading standards services. The move is part of continued efforts by both councils to save money. Under the proposals, Peterborough would act as the hosting authority, while efficiencies would result from a reduced systems cost, and lower annual regulatory subscriptions and memberships.

Fraud now most commonly experienced crime, survey shows The Office for National Statistics has included cyber crime in its annual Crime Survey for England and Wales for the first time – and, as a result, total crime figures soared to 11.8 million incidents in the year to September 2016.

There were an estimated 3.6 million cases of fraud and two million computer misuse offences. In the past, burglary and vehicle theft were the high-volume crimes driving trends.

6

Sources: TS Today Jan-Mar 2017 www.tradingstandards.uk/tstoday

digest

trading standards merger approved Devon and Somerset

A new shared service

‘A new shared service would cover [most] of the Heart of the South West Local Enterprise Partnership area’

Trading Standards is on

would cover the majority

track to join forces with

of the Heart of the South

Torbay, to give all three

West Local Enterprise

councils ‘greater clout’ at a

Partnership area, creating

time of significant financial

a consistent approach for

pressure, regulatory

businesses across Devon,

investigations, greater

anticipated that any staff

change and increasing

Somerset and Torbay.

resilience in dealing with

will have to relocate and no

It is proposed that five of

emergencies and allowing

redundancies are proposed

Torbay’s trading standards

for wider specialisation in

as a direct result of this

approved by Devon County

officers would transfer to

the support and advice it

merger.

Council on 8 March, and

Devon County Council, the

can offer business.

Somerset County Council is

hosting authority, at a date

set to consider the proposal

to be determined.

demand.

The merger was

‘shortly’. The proposal has

According to Devon

Devon’s decision follows

The joint service would maintain its current

the success of the Devon

offices in both Devon

and Somerset shared

and Somerset, and will

service, formed in 2013.

also retain a presence in Torbay to be close to its

already been approved by

County Council, the larger

Torbay Council’s elected

single service would

The contract would

mayor, Gordon Oliver, at

benefit from further

be for approximately six

customers, to ensure it can

the policy development

economies of scale,

years, bringing it into

respond quickly, and to

and decision group on 18

leading to an increased

line with the current

minimise travel costs and

January 2017.

capacity for tackling major

Somerset contract. It is not

disruption to staff.

SPring bUdget 2017

CTSI has welcomed new powers given to consumer bodies’ enforcement toolkit, announced in the 2017 spring Budget – the first given by Chancellor Philip Hammond. However, the institute says questions remain as to whether there are sufficient resources within local trading standards to use civil redress and fining powers effectively, following cuts of more than 50 per cent to services. Turn to page 39 for more in-depth coverage of the Budget.

April 2017

7

Fully charged

Words. Andrew Passenger

despite running the risk of judicial review proceedings for impropriety, Carmarthenshire trading Standards’ bid to protect consumers paid dividends, as it secured a record-breaking

digest: Case study

fine against one of the UK’s retail giants

An 11-month investigation and a disagreement with the

trader without further reference, citing the Regulatory

Primary Authority (PA) about advice on corrective action

Enforcement and Sanctions Act 2008 (RESA). We also

culminated in Carmarthenshire Trading Standards (CTS)

indicated that action was necessary to avoid significant

prosecuting retail giant Poundworld Retail (PWR), in

risk of serious harm to human health, after chargers were

what turned out to be a far from straightforward case

found to pose a risk of fire and electric shock.

of supplying unsafe electrical items. But the effort was

We were confident that, under sections 28-29 of RESA

worth it, with PWR fined a record £166,000 for supplying

– and by order of the Secretary of State – the PA principle

unsafe phone chargers contrary to the Electrical

could be circumvented where:

Equipment (Safety) Regulations 1994.

●

Deciding to take on PWR, in the face of conflicting

a significant risk of serious harm to human health

advice from the company’s PA, may have served as an

or the environment, or the financial interests of

acid test of how robust assured advice and the Primary Authority principle is, and whether, in practice, the

8

Enforcement action was required urgently to avoid

consumers ●

Application of section 28 would be disproportionate

principle is conducive to effective consumer protection.

It should be noted that this course of action could

In this case, there was a difference of opinion about the

subject the prosecuting authority to judicial review

corrective action that should be taken by PWR. Initial

for impropriety. However, after taking advice, we

evidence provided by the company was that it had sold

were confident our case was likely to succeed and that

330,000 units, although later evidence provided stated

judicial review may deliver harsh criticism of those

that it had only sold 72,636 units over the four-year period

seeking to protect consumer health over commercial

After PWR failed to respond to questions under the

advice provision. The PA did not attempt to block the

Police and Criminal Evidence Act 1984 (PACE), CTS

enforcement action and we brought 16 charges in the

notified the PA of our intention to take action against the

magistrates’ court.

April 2017

tiMeline 10 March 2015: 21 types of phone charger purchased for electrical safety testing by Carmarthenshire Trading Standards

This certainly sets a precedent in terms of unlimited fines. The outcome of the case clearly shows that electrical product safety is being taken seriously

Sentencing example At the initial hearing, district judge Richard Williams adjourned sentencing on the basis that he required further information to make an informed decision about the level of fine to be imposed. He wanted to know if it was reasonable for the trader to rely on Chinese test reports alone to verify conformity with European/British standards, and whether the trader was obliged to test items when they entered the European Union (EU).

He also asked to see PWR’s accounts, making it very clear that the level of fine was to be based on turnover, not profit, and should be proportionate, yet substantial enough to make company shareholders take notice. This approach was made possible thanks to a change in the law on maximum penalties in the magistrates’ court – specifically the Legal Aid, Sentencing and Punishment of Offenders Act 2012 – which came into force on 12 March 2015 (see panel, ‘Legislation changes’, on page 10).

We subsequently engaged CTSI lead officer Mark Gardiner, who gave us an expert witness statement outlining the regulatory position. CTS also made enquiries with the international accreditation schemes cited in PWR’s test certificates, to determine if the company’s laboratory in Shanghai was accredited and competent to undertake testing to UK standards. The schemes supplied letters confirming that the lab was not accredited, which led us to suspect the information in the reports was false. The letters were submitted to the court.

At the second hearing, the defence accepted Gardiner’s expert evidence, but rejected evidence on the legitimacy of the test reports. The judge adjourned sentencing, requesting that the defence demonstrate the steps taken to determine the veracity of the reports

April 2017

24 april: Electrical Safety Assessments Ltd reports that two chargers bought from companies owned by Poundworld pose risk of fire and electric shock. TSOs seize items under Consumer Protection Act 1987 27 april: Enforcement notification logged via a

Better Regulation Delivery Office request to open dialogue and see technical file. TSOs across Wales attend local stores, seizing and suspending items

9 June: Further untested chargers withdrawn from sale. Poundworld investigates, believing the issue is batch related 14 august: The PA gives CTS a technical file comprising test reports and verifications of conformity 18 august: Test report commissioned by Poundworld refutes majority of ESA’s findings, but agrees ‘solder-only retaining connections’ pose a departure from regulations. PA satisfied with products being withdrawn. CTS suggests a recall 29 September: ESA indicates that all 14 further

samples taken from seized evidence failed electrical safety testing

30 october: CTS contacts Poundworld’s PA to notify it of intention to start legal proceedings 30 november: CTS sends letter to Poundworld under PACE requesting answers to questions about the supply of charger kits

digest: Case study

StePHen CUrtler, eleCtriCal SaFety FirSt

3 december: Poundworld requests an extension to reply. CTS grants new deadline of 15 January 14 January 2016: CTS notified that a solicitor has been instructed by Poundworld and further information is required

15 January: CTS gives Poundworld a further 10-day extension

28 January: CTS informs Poundworld and its PA of its intention to take action without further reference

9

adviCe For SiMilar CaSeS ● Contact international accreditation schemes, to

confirm legitimacy of laboratories – we found them helpful and it only took an email

● Where a PA is involved, ensure you lodge an

riCHard WilliaMS, diStriCt JUdge

The defendant has hitherto demonstrated only a superficial level of compliance. It is a reasonable inference to draw that the desire to minimise costs informed this approach

enforcement notification on the Regulatory Delivery website at the earliest opportunity, and apply a broad range of potentially applicable legislation to accommodate further offences

● Argue your point with the PA. If they are giving

assured advice, they can expect to be confronted about the veracity and integrity of it

● Record all communications, including telephone

digest: Case study

conversations, with the PA. Request that any opinions or advice given are put in writing

and the laboratory in Shanghai. In addition to technical failings against the regulations, the judge wanted to know the risks that the items presented to consumers.

CTS undertook further testing through Electrical Safety Assessments Ltd (ESA) and three of the five items failed under fault conditions. We also engaged Stephen Curtler, of Electrical Safety First (ESF), to comment on evidence submitted and on the risks posed to consumers.

At the third and final hearing, PWR accepted the evidence of ESF and evidence on legitimacy of test reports, claiming it had been the victim of fraud by a former employee, and admitting that the test reports were fake. It pleaded guilty to 10 offences and was fined £4,500 for the first two offences, reduced to £3,000 (credit

● Don’t be afraid to notify your intention to circumvent

the PA principle, citing sections 28-29 of RESA, particularly when it is an issue of public health and safety issue

● Be persistent, and be ready to conduct a Police and

Criminal Evidence (PACE) 1984 interview at the earliest opportunity; traders dragging their feet may be a tactical ploy against time limits

● Beware early guilty pleas – a perceived slap on

the wrist in the magistrates’ court may be seen as preferable to the cost to business of corrective action and the loss of high turnover and yield in cheap, low-quality products

for guilty plea) where items were supplied before 12 March 2015, and £30,000 for each of the eight further offences, reduced to £20,000 each (credit for guilty plea) where items were seized after 12 March 2015.

The defence was also ordered to pay prosecution costs of £24,000, including the costs of the expert witnesses’ attendance in court.

legiSlation CHangeS Sub-sections one, two and four of section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force on 12 March 2015, and relate to fines that may be imposed on summary conviction in the magistrate’s court.

the effect being that: andrew Passenger is an investigating officer at Carmarthenshire trading Standards.

Footnote PWR’s latest turnover is £462.6m. Gross profit on that turnover is £175.6m.

From unapproved accounts, year-end 31 March 2016.

10

A summary conviction in the magistrates’ court is now punishable by an unlimited fine. It is encouraging to note that such fines are now based on a business’s turnover and not on profit.

April 2017

I want us to be a secure, prosperous, tolerant country – a magnet for international talent and a home to the pioneers and innovators who will shape the world ahead PRIME MINISTER THERESA MAy SPEAkING ABouT HER vISIoN FoR BRExIT

The safety of consumers is our paramount concern and has been throughout our involvement in this matter. We will strongly defend our position if Which? is granted a judicial review and – bearing in mind the ongoing independent review – we consider that this action is premature PETERBoRouGH CITy CouNCIL DEFENDS ITSELF AGAINST THREAT oF JuDICIAL REvIEW PRoCEEDINGS By CoNSuMER CHAMPIoN, WHICH?

the money that ireplace and Falchi received went through 47 accounts and into ‘four’ master accounts. Falchi’s turnover during a four-year period was £809,783, more than £600,000 of which was through his ebay and amazon sales PAuL LEIGHToN RECouNTS DETAILS oF oNE oF THE LARGEST CouNTERFEIT PRoDuCT HAuLS By NEWCASTLE TRADING STANDARDS

deregulation of the water industry could be worth £2.9bn over 30 years.

However, this amounts to just £8 per customer

abstracts oFWAT

From TS Today

The marketing literature and sales pitch for such [domestic battery storage] systems will undoubtedly stress the potential cost-saving benefits. However, such systems are largely untested and there is a real potential for widespread consumer exploitation STEvE PLAyLE, ‘SMART MovE?’

The company [VW] has acted with a cynical disregard for emissions limits, which exist solely to protect human health HouSE oF CoMMoNS TRANSPoRT CoMMITTEE IN ITS LATEST REPoRT To PARLIAMENT oN THE oNGoING voLkSWAGEN EMISSIoNS SCANDAL

It is difficult to know whether parliament thought it was widening the scope of enforcement powers or intending to restrict them.

If parliament thought it was achieving the former, it failed MILES BENNETT, WRITING ABouT INvESTIGAToRy PoWERS uNDER THE CoNSuMER RIGHTS ACT 2015 IN ‘SCHEDuLING PoWER’

Source: TS Today Jan – Mar 2017 www.tradingstandards.uk/tstoday

in the UK, the automotive industry: accounts for nearly £7bn turnover; employs 160,000 people in manufacturing, and more than 799,000 across the wider industry; accounts for 12 per cent of goods exported… and has more than 30 manufacturers building more than 70 models of vehicle CoMMoNS TRANSPoRT CoMMITTEE

in 2014/15, officials detained 1.6 million consignments of intellectual property rights-infringing goods at the UK border with a value in excess of £56m INTELLECTuAL PRoPERTy oFFICE

11

after scams increased by more than 50 per cent in the first half of 2016, MPs are asking if it’s time to recategorise the offences as aggravated crimes

Words. Louise Parfitt

Scam and deliver – analysis

your money or your life The damage caused

a scam was committed

law needs to go further

by scammers is well

every 15 seconds during

to protect the elderly. In

documented, especially

the first six months of 2016

a parliamentary debate

by trading standards

– a staggering 53 per cent

in September 2016, she

officers (TSOs). For years,

increase on 2015. According

called for elder abuse –

TSOs have seen the

to CTSI, scams cost the

whether it be nuisance

financial, emotional and

UK economy £52bn per

calls or other scams – to

psychological anguish

year – but that is just the

be recategorised as an

endured by people who fall

ones we know about. It is

aggravated crime, because

thought that up to 95 per

they specifically target a

cent go unreported. Victims

vulnerable demographic.

victim to those who promise more money, ‘essential’ home maintenance or the chance to find true love – often more than once.

Scamming comes in a variety of guises – doorstep, mail, phone, investment – and the internet offers yet another platform for it.

TSOs are seeing more targeted and sophisticated techniques being used to con people out of their money, property, pensions

‘I’m scammed almost every day. Or, if not scammed, at the very least someone tries to scam me.

Usually more than once a day’

are often too embarrassed

In law, aggravation is

to admit they have fallen

any factor that increases

for a scam; some don’t

the guilt or enormity of

even recognise schemes as

the crime, or adds to its

scams, such is the trust they

injurious consequences.

place in the fraudster.

For example, aggravated

Longer life expectancy

assault is punished more

means a great number of

severely because of the use

people living with cognitive

of a weapon, the status of

impairment conditions such

the victim, the intent of the

as dementia – so, should

perpetrator and the degree

more be done to protect

of injury caused.

older members of society,

Raising the seriousness

who are at greater risk of

of scams would help crack

an increase in scammers

harm being done to their

down on the perpetrators

who belong to large,

financial, emotional and

and act as a preventative

organised criminal gangs.

psychological wellbeing?

measure, but it wouldn’t

Figures from Financial

Nusrat Ghani, MP for

and bank details – as well as

Fraud Action show that

12

JaMeS altUCHer AMERICAN HEDGE FuND MANAGER, ENTREPRENEuR, BESTSELLING AuTHoR, AND PoDCASTER

Wealden, believes the

address the already overstretched resources

April 2017

2017

8,500+

£3.5bn

65%

one-fifth of people aged 55 and above suspect they have been targeted by a fraudulent investment scam in the past three years, rising to one-third among those aged 75 and over

number of reports of possible unauthorised activity made in 2015 to the FCa, which helped send eight people to jail, froze £2.7m of assets and returned nearly £1.9m to victims

approximate value of detriment caused to UK consumers each year by mass marketing mail scams, which often target vulnerable or disadvantaged people

Proportion of doorstep scam victims who are aged 75 or above, while the average age of victims on so-called suckers lists is 74 years

consumers and make scams

treated in law. ‘Although

as repugnant a crime as

there are real differences

drink driving,’ he explains.

between physical child

With so many types

Kevin baCon vICTIM oF BERNIE MADoFF’S $65BN PoNzI SCHEME

‘I was definitely angry. Angry at him, but also angry with myself for not doing enough research, for trusting people that I shouldn’t have’

abuse and scams against

of scam, any change in

the elderly, both are

the law would need to

especially repugnant

be clear about what was

because they target those

covered. And would it

least able to defend and

include manipulative

protect themselves,’ she

behaviour from legitimate

explains. ‘That’s why we

organisations – such

need to send a serious

as a charity ringing up

signal that elder exploitation

the same person every

is something society abhors

week to solicit funds, or

– we can do that through

a company knowingly

criminal justice reforms and

overselling their product?

by raising awareness.’

Professor Keith Brown,

However, Brown is not

from Bournemouth

convinced that defining

of the police and trading

under the Care Act 2014,

University, asks if redefining

scams in this way is

standards. Indeed, it could

which includes preventing

scams as aggravated

enough: ‘Some scammers

result in fewer scammers

financial abuse in a person’s

crimes should be about the

use clever grooming

being prosecuted because

own home.’

techniques employed: ‘Are

tactics to exert power over

However, ‘vulnerability’

we talking more about the

their victims. Take dating

police responsibility – it

is not a term defined in law,

behaviours used, such as

crimes; scammers often

could lose the priority status

so it is difficult to introduce

coercion and inappropriate

take advantage of people

it currently enjoys under

measures to protect

selling? Do we mean

on these sites, but they are

trading standards.

‘vulnerable’ people. Julian

inappropriate grooming

not necessarily elderly or

Knight, MP for Solihull –

of a certain demographic,

“vulnerable” in the sense

already crimes, as Louise

who led the parliamentary

similar to how we define

that they have diminished

Baxter, team manager at the

debate on scamming –

child sexual exploitation?’

mental responsibility.’

National Trading Standards

believes more needs to be

Scams Team, points out.

done, but not necessarily

who is being targeted. She

the call for the status of

‘Scams are fraud, and fraud

by recategorisation.

wants offences against the

scams to be raised to an

is a crime,’ she says. ‘Scams

‘We can design as

elderly to form part of a

aggravated crime, seeing it

– as it becomes more of a

Of course, scams are

Ghani is clear it is about

Many MPs do support

committed against someone

many laws as we want to

new type of crime named

as the first step to extending

because of their age, race,

define what we mean by

elder exploitation, and to

protection. Patricia Gibson,

gender or disability are hate

“vulnerable”, but what we

be treated as a separate

MP for North Ayrshire

crimes, while scams against

really need to do is scam-

offence, similar to the way

and Arran, says: ‘There

the elderly are also covered

proof our society, educate

in which child abuse is

does seem to be evidence

April 2017

analysis

scam facts

13

analysis

that vulnerable people

Standards, says: ‘Both

skills, but it comes down

must never be overlooked

are being targeted and

services are having to

to money and priorities.

in the fight against

that is very concerning;

prioritise work because

‘It doesn’t matter who

scammers, according

much more so when we

of the pinch on resources,

deals with it, provided

to Baxter, but she feels

consider that 800,000

but there is a good

the resources and will are

the police need to be

people in the UK live with

chance scams will be

there,’ he says.

involved, too. ‘TSOs

dementia and, by 2030,

nearer the top of trading

this is expected to rise

standards’ lists and less

matter who takes

to drive forward some

to 2.1 million people. I

of a priority for police. If

responsibility, and favour

of the work, but the

think the case for making

responsibility was passed

a partnership, with

police do need a seat at

scamming an aggravated

to the police, some scams

TSOs – working at the

the table to raise their

crime must be seriously

might not hit the required

local level – informing

awareness of scams and

considered.’

level of criminality for

the police, who step in

the harm they cause,’ she

them to deal with.’

when needed.

explains. This includes

Nigel Strick, fair trading team manager

But as long as action

This two-pronged

are experts, so need

the consequences beyond

at Cornwall Council,

is taken, does it matter

approach is supported

the crime, to the extra

believes a change

who by? Lodge says

by Chris Elmore, MP

care people often require

in definition would

both agencies have the

for Ogmore. ‘Trading

afterwards, and the fact

move scams up the

standards will always

many get scammed out

police’s priority list. ‘A

have a part to play – they

of money and are left

coordinated approach

are experts in dealing

reliant on dwindling state

between police forces

with certain elements

resources.

had a dramatic effect

of scams,’ he says. ‘But

in reducing the levels

now we are seeing more

standards is dealing

of distraction burglary

professional scammers,

with comes down to the

with Operation Liberal,

and a more sinister level

money pot. Scams are not

and this was then

of criminality, we need

going away, but neither

extended to involve other

a police-investigation

will local authorities be

approach as well.’

able to wave a wand and

agencies, such as trading standards,’ he says. ‘If the same sort of approach was taken to scams, the same results could be achieved. But the Home Office will need to assign specific crime codes against which police forces – and their partner agencies – would be judged. Recategorisation of scams as aggravated offences would help to achieve this first step.’

Currently, prosecuting scammers often falls to trading standards rather than the police.

David Lodge, head of West Yorkshire Trading

14

Others think it does

CHarleS Ponzi PoNzI’S SCHEME: THE TRuE SToRy oF A FINANCIAL LEGEND By MITCHELL zuCkoFF

‘My business is simple. It was the old game of robbing Peter to pay Paul. My notes became more valuable than American money... Then came trouble.

The whole thing was broken’

Strick agrees that the

Much of what trading

top-up the funds’ jar.

scale and international

The profession needs

nature of many mass-

to take stock of what

marketing scams should

its core purpose is, and

be a police enforcement

act accordingly – which

responsibility, albeit

could mean passing

supported locally by

responsibility for some

trading standards.

consumer protection to

However, he believes

other agencies, including

the police don’t realise

the police.

the enormous damage

CTSI Conference, in

caused by scams, so have

June, will discuss this

not been proactive in

issue – we look forward to

tackling the issue. ‘The

hearing your opinions.

financial loss is huge, but the police don’t fully understand the extent of the harm,’ he says.

TSOs’ first-hand experience and expertise

Sources www.telegraph.co.uk Financial Conduct Authority National Trading Standards National Centre for PostQualifying Social Work and Professional Practice

April 2017

Advance Fees Up, Mother Brown A couple of years ago, I was invited to a round table

place, for instance when an email is sent, a Facebook ad

meeting about future crime. I could have had the

posted or call placed. But, this would give us numbers too

organisers up for misdescription because it was actually

huge to have any real meaning, or to measure accurately

held around a long, rectangular table in an atmospheric

the impact of the crime on all of us.

Oxford College room. Its two long and two short sides

Progress is being made though; this year, for the first

were filled by people who really knew what they were

time, cyber crime figures have been included in official

talking about – academics, government advisers and

crime statistics. In total, 3.6 million of the most recognisable

high-ranking police officers. The star turn was Sir

cybercrimes – things like advanced fee fraud and identity

Bernard Hogan-Howe, historically the only Met Police

theft – happened last year. Sadly, it’s still a bit of a nonsense.

Commissioner whose name can be sung perfectly to the

For all the reasons of non-reporting mentioned earlier, the

tune of Knees Up, Mother Brown.

phrase ‘tip of the iceberg’ was never better employed.

This may explain why I’ve

Yes, it’s progress for all of us that cyber

never been invited back.

fraud is at last being recognised in

It was an interesting

official statistics, but it doesn’t

discussion, on the subject

take much inspection

of the changing face of

to realise that they’re

crime. Into this fell neatly my

never really going

sphere of anecdotal expertise,

to reflect the level of

scams and cybercrime. I say

fraudulent practice taking

anecdotal because, unlike

place. And they won’t tell

others in the room, I have

the whole story because

never carried out studies

of this central paradox

or compiled statistics.

about crime statistics: ‘The

What I can say from the

more efficiently crime

programmes I’ve made

is reported, the higher

about such things is that:

the figures will climb. If

●

There’s an awful lot of it about, and

people are properly educated and feel confident of effective

●

It can ruin people’s lives

enforcement, they are more likely to report crimes. Figures

It’s also clear that it’s a difficult thing to count, which is problematic for those trying to fight it. The scant resources of police and trading standards tend to be allocated based

viewpoint

Words. Matt Allwright // Illustrations. Paddy Mills and Will McPhail

will rise, and things will look worse.’

In short, the better we all do our jobs, the worse it may appear that we are doing them. Go figure.

on statistics, but cyber crime and scams are hugely underreported, with many targets not even recognising that they’ve lost out and, when they do, choosing to stay silent.

There is an alternative: try to count the crime as it’s taking

April 2017

Matt allwright is a television presenter and journalist. He presents bbC programmes including Watchdog, Rogue Traders, The Housing Enforcers, and Saints and Scroungers.

15

Charting a new course in uncertain times viewpoint

Words. Ben Richards // Images. iStock

Taking political statements and promises and turning them into actions and laws is a challenge for any government. Prime Minister Theresa May’s Conservative

The Great Repeal Bill, which will translate the body

administration is having to do this now, after six year’s of

of EU law into UK statute, remains – in the short term –

David Cameron’s ministry, which was characterised by

the answer to many questions on the future of consumer

pro-business policies, deregulation and austerity. May is

protection legislation. However, as with much around

looking to change direction, pursuing more protection

Brexit, the detail in the bill will be key to reducing any

for consumers and increasing intervention to help

uncertainty felt by the profession.

business grow across the UK. Succeeding colleagues and setting a new course is

Longer term, the government has confirmed it is aiming for Britain to leave the single market and to

rarely easy; but doing it after one of the greatest geo-

renegotiate a comprehensive trade deal with the EU. This

political shocks in a generation – the vote for Brexit – will

will mean the UK has total control over its legislation,

be a defining challenge.

but it could also mean rules differ from those of the EU

For trading standards, the implications of this

bloc – a potential threat to businesses that want to trade

new course are huge: from the reshaping of the laws

with the rest of Europe, unless the trade deal contains

that underpin Britain’s legal system as it leaves the

sufficient detail to avoid this.

European Union (EU) to the government’s shift towards

Further, this is still only the preamble to the

intervention and wanting to take a greater role in

negotiations, when the UK will face the challenges

protecting consumers from market failures.

of bargaining with the EU, as well as the political

I am delighted to open my innings as purveyor of

sensitivities of elections in Holland, France and Germany.

TS Review’s policy column at such an interesting time

However, May’s government is determined to

– though, to stretch the cricket metaphor, activity is so

drive a wider agenda beyond Brexit – particularly as a

frenetic that this appears to be more of a Twenty20 match

General Election is unlikely to be held any time soon

than a sedate Test.

– by taking a more active role in the economy and in

Brexit will be the underlying political narrative for the foreseeable future. Already this year it has led to a

16

Away from the political drama, however, we have learned a lot.

protecting consumers.

The first part of this – the Industrial Strategy – has

government defeat in the Supreme Court, the passing of

already been released for consultation, and its ambition

one of the shortest bills seen this century, the reluctant

is huge. It is the government’s attempt to resolve the

release of a white paper on the details of Brexit, and the

productivity gap and correct regional imbalances within

Scottish National Party singing the EU anthem Ode to Joy

the UK, and is being touted as an alternative economic

in the Commons chamber.

path to EU membership.

April 2017

For trading standards, there are numerous interesting

The review concluded that the consumer landscape

points within the strategy, such as targeted deregulation

is not yet delivering value for money, with most of the

in certain sectors and a focus on consistent regional

NAO’s concerns centring on the declining capacity,

support for businesses and economic clusters. However

status and funding of local authority trading standards

– and unsurprisingly in a document that covers the entire

services. CTSI’s response to the review reflects the

economy – there are few proposals that refer explicitly to

research we have done over the past two years,

the work local authority services deliver.

and the mandate we have from our council to offer

While the Industrial Strategy focuses on business, the consumer green paper will outline the government’s other policy platform – making markets work for

solutions that contribute to the long-term sustainability of the profession.

We expect the NAO review to go before the Public

everyone. The challenge for CTSI is to provide leadership

Accounts Committee later this year. We will use this and

in debates – many of which have implications for the

other opportunities – such as the Industrial Strategy,

future of trading standards – by ensuring policy-makers

the consumer green paper consultation, our work in

have the best information possible, at a time when we will

highlighting the impacts of scamming, the review of

always be competing with larger issues.

trading standards in Scotland, and the consultation on

The first step in influencing the agenda has been

viewpoint

The IndusTrIal sTraTegy ambITIon Is huge.

IT Is The governmenT’s aTTempT To resolve The producTIvITy gap and correcT regIonal Imbalances, and Is TouTed as an alTernaTIve economIc paTh To eu membershIp

local government in Wales – to support policy-makers in

our response to the National Audit Office (NAO) review.

understanding the work trading standards services do,

Published at the end of last year, this gave ample

despite every challenge that is thrown at them.

evidence – if more were needed – of the challenges facing the profession.

April 2017

ben richards is campaigns and policy executive at CtSi.

17

a new research study has added to the growing body of evidence that cash-strapped trading standards departments are close to breaking point

18

Key FindingS 1. 38 complaints were submitted to trading standards by volunteer investigators 2. 46 follow-up letters were sent 3. Follow up took between 10 and 74 workings days (median 31) Words. Carina Bailey Images. iStock

4. Four pieces of enforcement action*– applying to just two traders – were taken as a result

Last December, the National Audit Office (NAO) published a long-awaited report into the performance of the consumer landscape, which found that trading standards protection at a local level was beginning to fail because of a lack of investment. Now, those findings appear to be backed up by independent research, which describes the process of reporting complaints via Citizens Advice as ‘extremely labour-intensive’, with many volunteer investigators dropping out before the project was complete.

The charity HealthWatch officially began researching the effectiveness of trading standards 21 months before the NAO’s report was published. Following a 56 per cent drop in full-time equivalent officers in seven years – down from 3,534 in 2009 to 1,561 in 2016 – this latest research found: • Submitting complaints to trading standards via Citizens Advice concerning misleading health-related claims is extremely labour-intensive and does not encourage vigilance by consumers • Most complaints to trading standards about misleading health-related claims do not attract any enforcement action • Approaches to enforcement among trading standards offices are highly variable, showing little or no standardisation The research specifically investigated the use of the Consumer Protection From Unfair Trading Regulations 2008 (CPRs) in regulating online commercial claims related to health benefits. Some 10 claims were selected from products that investigators considered to be making clearly misleading statements. These claims had to have been widely marketed nationally, creating

One trading standards team said a claim had not been made, describing the information published as ‘simply the experience of the seller’. To another investigator, it replied: ‘Another trading standards department is currently considering the matter in light of current advertising and Advertising Standards Authority (ASA) ruling.’

However, a different trading standards service did believe a claim had been made, but said it was ‘not best placed to determine the accuracy or otherwise of these claims’, suggesting the investigator contact the ASA.

Consumer landscape

• Trader – Halcyon Bracelets

• Trader – The Crystal Healer

One trading standards team said it had referred the complaint to the trader’s local trading standards department.

It advised the investigator to ‘contact your professional body (GMC?) [sic] and also Hertfordshire Public Health.’

A different trading standards team responded, saying it did not believe a criminal investigation was appropriate, and that the relevant trading standards department will have been informed by Citizens Advice. *Enforcement action was categorised as: trader complied with trading standards’ advice to desist; trading standards advised trader, but trader did not comply; case referred to another regulator; trading standards prosecuted trader; trading standards took no action.

19

Consumer landscape

The FINDINGS WILL COMe AS NO SURPRISe TO eMbATTLeD TRADING STANDARDS OFFICeRS, WhO ARe STRUGGLING TO MeeT TheIR STATUTORy DUTIeS SINCe AUSTeRITy beGAN IN eARNeST IN 2010

a potentially large target population that crossed local

‘connecting areas that make sense to people and that share

authority boundaries.

a common identity’.

The findings will come as no surprise to embattled

Dring, described the service as ‘very fragmented’. She

struggling to meet their statutory duties since austerity

said: ‘We’ve got some services, such as small metropolitan

began in earnest in 2010. At the time of the NAO report

boroughs, with only one part-time trading standards

in December, CTSI chief executive Leon Livermore said:

officer, while other services have up to 48. This could lead

‘The amount spent on local trading standards has fallen

to a postcode lottery where consumers and businesses are

from £213m in 2011 to £124m today, so it’s not surprising

more exposed to unfair trading than others.’

the system is struggling to cope. It has left consumers

This latest research is one of the first independent

inadequately protected and has helped to set the conditions

reports presenting evidence that – under the current

for issues such as the horsemeat and hoverboards scandals,

structure and within today’s ever-increasing budget

and the ongoing problems with Whirlpool and VW.’

constraints – trading standards protection at a local level

According to CTSI’s latest Workforce Survey, eight services have two or fewer qualified trading standards staff in their teams, and yet they are still

is failing in pockets of the country, and that the wider consumer landscape isn’t performing.

Discussing the findings, report author Les Rose, a

expected to regulate and enforce more than 250 pieces

trustee for HealthWatch, says: ‘This study demonstrates

of legislation. Also, many authorities have a number

that making complaints to trading standards about

of ‘other staff undertaking trading standards’ work’

misleading health-related claims is neither easy nor

or ‘administrative staff’ working within their service

effective. The study ran for far longer than planned,

alongside ‘qualified’ officers.

because most of the study team – who were all unpaid

Some services have already hit crisis point, with budget cuts at Liverpool Council one of the most notorious

volunteers – found the process too time-consuming.

‘This process was designed to focus on the CPRs, and

examples. A restructure of the service in June 2014

to raise the priority with which trading standards treated

prompted a former employee and resident, Stephanie

complaints – objectives that were largely unmet. Even

Hudson, to initiate judicial review proceedings against the

when trading standards did respond, they took several

council. She feared lives were being put in jeopardy by

weeks to do so. The complaints process via Citizens

it slashing the trading standards team by three-quarters,

Advice does not help with this, as complainants are not

from 19 to four. Liverpool Council had proposed to hold

automatically advised of the progress of a complaint, or

a referendum in May 2017 on the idea of a large hike in

even whether trading standards is considering it. If nothing

council tax to prop up its ailing services, but this idea has

is heard, it is impossible to know the reason.’

now been shelved.

20

Back in May 2015, CTSI’s then policy director Melissa

trading standards officers who, in some cases, are

Rose adds: ‘Complaints to trading standards were

This predicament has been foreseen by CTSI for a

made about seven traders. Enforcement action by trading

number of years, and is what inspired its ‘CTSI vision’. It

standards could only be identified for two of these, so most

had hoped this would give smaller services more resilience

complaints were either dismissed or ignored. The harm

to cope after further swingeing cuts by merging services,

from false product claims to improve health is not confined

but still linking them with city regions and devolved areas –

to wasted money, as seemingly mild conditions may

April 2017

reSearCH MetHodology

indicate more serious underlying diseases. We expected trading standards, therefore, to apply a higher priority than was the case.’

Legal advice was sought to guide the researchers’ approach, which established some key principles:

The study was also critical of responses when they were received by trading standards, because of their variability – even in respect of the same health claim. Rose was surprised that some officers had differing views about

more at the `worried well’ than the frankly ill. This is because claims to cure illness would be classed as medicinal, and would fall within the remit of the Medicines and Healthcare products Regulatory Agency (MHRA). This, however, is a grey area and many complementary and alternative medicine providers do make claims to cure illnesses. Hence, trading standards has considerable discretion as to whether or not to refer cases to the MHRA

Rose explains: ‘We have to conclude that, as found in our [original pilot study in 2012], enforcement of the CPRs is very far from adequate in respect of healthrelated marketing claims. Responses by trading standards departments to complaints are variable and sometimes logically unsound. This does not empower the public to act as a gatekeeper of good marketing practice, as very few people will be willing to negotiate the cumbersome process to submit complaints.’

The approach Unconventional approaches to health care have become far more popular in recent decades. Some consumers mistrust orthodox medicine and are easily attracted by inflated claims made by providers of so-called complementary and alternative medicine (CAM). People at risk of developing serious conditions can be induced to abandon effective

• Claims that, if misleading,

treatment in favour of ‘therapies’ that lack robust

would have potentially serious consequences to the consumer, would normally receive higher priority from trading standards

evidence of effectiveness or safety1. It is now extremely easy for CAM providers to bombard the marketplace with impressive-looking websites, purporting to solve all manner of health problems.

In 2012, HealthWatch published the results of a pilot

• Persistent offending would

study2 into how effectively trading standards departments

receive higher trading standards’ priority

were enforcing consumer law in the CAM sector. A major focus was on the CPRs , which it found were usually 3

avoided in favour of ‘primary’ legislation, but that overall

• Claiming to treat a

there was little evidence of action being taken.

disease without any supporting evidence is an extraordinary claim, and places the burden of proof on the trader, not trading standards

In its latest study, HealthWatch specifically targeted claims on 10 websites promoting scientifically unproven treatments, such as: homeopathy; colonic hydrotherapy; crystals; magnets; far infrared sauna therapy; and copper bracelets. These treatments professed to treat serious conditions including: colon cancer; addictions; joint pains; high blood pressure; high cholesterol, hormone imbalances; and irritable bowel syndrome. The study was designed to focus on the CPRs, and involved claims that could not, for example, be interpreted as falling under food regulations.

Volunteers were each randomly allocated up to five health claims – of the 10 selected – to challenge. As a result, each trader received several challenges from different

April 2017

Consumer landscape

• Claims were to be aimed

whether an offence had been committed.

• Any complaints to trading The full report, Testing the effectiveness of consumer legislation for health-related marketing claims, by HealthWatch trustee Les Rose, is available to read in full at www.healthwatch-uk. org/cpr2.

standards would need to make clear that an average consumer would be unfairly influenced

• Complaints would need to

be fully documented and followed up with a detailed description of why the claims were misleading

21

Consumer landscape

a trading StandardS’ Point oF vieW One of the teams mentioned in the report was Merton Trading Standards.

In response to the specific criticisms made against it, a spokesperson from Merton Council said: ‘We have an excellent and well-respected team of trading standards professionals who deal with many different kinds of cases through the year.

Volunteers then sent the remaining traders a ‘cease and

‘Regarding Halcyon Bracelets, which is mentioned in the report, the complaints made against the company were different from each other and we dealt with both of them consistently and proportionately.

We take a partnership approach as much as possible where we work with businesses to ensure a responsible trading environment. This has been proven to be the best approach to achieve compliance from businesses.

took down claims after the ‘cease and desist’ letter. As a

‘Looking at trading standards across the country, shrinking resources mean that we are more intelligence-led, so we can direct resource to where it is needed most within the community.’

The spokesperson added that one person complained that Halcyon Bracelets in Essex was claiming to be a cure for restless leg syndrome when, in fact, the vendor said they had experienced some relief of symptoms.

The second complaint was that the vendor included the product name next to the condition, which they said was misleading to the public. They said both complainants were made aware of the Advertising Standards Authority ruling and that, following this complaint, the case was referred to Essex Trading Standards. Both complaints were sent to Essex Trading Standards well before the December 2016 date.

22

people, asking them to give them evidence for their claims.

They added: ‘Only the courts can interpret statutory legislation with any authority. Trading standards services are legally obliged to consider established means and alternative methods of securing compliance.

Legal action is always a last resort.’

desist’ letter, warning them that failure to comply would trigger a complaint to the authorities. This was done to demonstrate persistent offending.

Complaints were submitted to trading standards, via the Citizens Advice website, and followed up for six months. No traders gave any reliable evidence to support their claims. However, three removed the claims from their websites after being asked for evidence, and one result, not all traders were the subject of complaints to trading standards.

The complaints process A total of 44 unpaid volunteers were recruited to take part, but only 13 submitted data. This total was much lower than expected, because a majority found the process cumbersome and time-consuming, and withdrew from the study.

Some 79 requests for evidence were made to traders, and a total of 38 complaints submitted to trading standards, via Citizens Advice. They identified 13 trading standards departments to whom Citizens Advice forwarded complaints. Only 18 (64 per cent) drew responses from trading standards before the study ended. Of these, response times ranged from 10 to 74 working days (median 31 days).

This was limited by availability of contact information for trading standards departments. If they did not respond, then follow up was impossible, and Citizens Advice did not always supply contact information for trading standards.

Nevertheless, 46 follow-up letters were sent by volunteers, plus a further 45 contacts made, in contrast to the 35 contacts from trading standards. This shows how much effort was required by volunteers to elicit responses.

Outcomes after six months Apart from the four mentioned earlier, two other traders were referred to the Medicines and Healthcare products Regulatory Agency (MHRA), which took no action.

In total, only four enforcement actions by trading standards could be identified, although two complaints were unresolved after six months. These four actions applied to just two traders – two for each.

There was a wide variation in the responses elicited from trading standards. For example, one trading

April 2017

standards department did not consider that one trader –

a higher threshold [to meet] than the ASA before taking

Halcyon Bracelets, which claimed that copper bracelets

action, one has to wonder what is the point of having the

were effective treatment for restless legs syndrome – was in

‘legal backstop’ at all.’

breach of consumer law, while another trading standards team did, but still refused to take action.

The first team said: ‘I do not consider the information

During the study, different advice was also received about crystal healing from a further two separate trading standards departments. One decided that a criminal

to be infringing CPRs and the seller does not claim any

investigation was not appropriate and, as the trader was

defined cure or treatment benefits, but remedy to sufferers

outside their county, told the complainant that another

based on her experience. She offers money back after

service would deal with the case, if it had been reported

four weeks’ if the bracelets do not offer the buyer the

through the Citizens Advice Consumer Service.

same relief.’

However, in answer to a complaint about Halcyon

In contrast, the second service said: ‘I have referred both of your complaints to Hertfordshire Trading Standards, as

Bracelets from a different volunteer, the same trading

the traders are based there. Additionally, in order to put

standards team stated: ‘Please find a ruling by the

multi-agency pressure on these traders and their selling

Advertising Standards Authority with regard to Halcyon

techniques, I would like you to contact your professional

Bracelets [bit.ly/2nsnJM9]. Essex Trading Standards

body (GMC?) and also Hertfordshire Public Health.’

is currently considering the matter in light of current advertising and ASA ruling.’

Meanwhile, a separate trading standards team stated:

Rose concludes: ‘It might be argued that nobody in this study actually suffered any detriment, so what was the point of it? As specialists in evidence-based health care,

‘asyra.co.uk and halcyonbracelets.com are both making

HealthWatch is well aware of the harm that consumers can

specific claims about specific products. Trading standards is

suffer if they are enticed away from effective treatment.

not best placed to determine the accuracy, or otherwise, of

While the study focused on apparently benign conditions,

these claims and has no powers to demand that businesses

these can often presage serious diseases. The medical

prove the accuracy of claims to us without reasonable

literature records many cases of disability and death

grounds to suspect that an offence has been committed.’

resulting from adherence to so-called alternative medicine.

The ASA ruling referred to above – which is unrelated

The CPRs give trading standards the power to act on

to the present study – is dated 18 February 2015, and the

misleading information before a transaction has taken

trader had been on the ASA’s non-compliers list since 4

place and before any harm or detriment has occurred.

January 2016. As of 17 December 2016, Halcyon Bracelets

This is surely preferable to waiting until somebody is

had still not been referred to trading standards, and the

disabled or killed.’

claims were still on the website.

The ASA is an established means of enforcing the CPRs, using its own voluntary code of regulation. Trading standards now provides the ‘legal backstop’. However, according to Rose, this creates a circular relationship.

Consumer landscape

FOLLOW-UP COMPLAINTS GeNeRATeD LITTLe DATA beCAUSe OF The DIFFICULTy OF COMMUNICATING WITh TRADING STANDARDS

References 1. whatstheharm.net 2. Rose LB, Posadzki P, Ernst E, Spurious Claims for Health-care Products: An Experimental Approach to Evaluating Current uk Legislation and its Implementation, Medico-Legal Journal, 2012, vol. 80 Part 1: pp13–18.

3. www.legislation.gov.uk

The ASA can refer cases to trading standards, which theoretically can then send them back to the ASA as ‘established means’. Rose adds: ‘If trading standards has

April 2017

WHat do yoU tHinK?

We want to hear your views. Send them now to tsreview@tsi.org.uk and you could see them featured in the next issue of TS Review and TS Today online.

23

The big picture the latest collation of research gives an understanding of the current scope, range and impact of scams on individuals and wider society

24

this article follows research undertaken by the national Centre for Post Qualifying Social Work and Professional Practice, bournemouth University, commissioned by CtSi on behalf of the CtSi College of Fellows. the research reviewed an extensive range of information to create an understanding of the current scope, range and impact of scams on individuals and wider society. interviews with scam victims give an insight into how it feels to be the victim of a scam, and of the service offered by trading standards.

April 2017

Early intervention shares characteristics with prevention,

cognitive impairment, or social isolation and poverty.

which is now a priority within social policy, specifically

Vulnerability is not a fixed state, but is determined by

promoted in England through the Care Act 2014 (s2 (1)).

context, environment and someone’s personal skills

Preventative activities include education around financial

and circumstances.

literacy, the provision of accessible information and

Financial abuse, including scams, is the second most

safer neighbourhood initiatives. Safeguarding Adult

common form of abuse experienced by adults at risk.5

Boards (SABs) – made mandatory by the Care Act 2014

This creates a cost to local authorities – in the provision

– are responsible for strategic planning focused on

of a safeguarding response and in the potential cost of

prevention and safeguarding. Trading standards officers

longer-term care and support.

(TSOs) contribute unique expertise to the SABs and other safeguarding work.

Intervention strategies include the provision of call

Living free from harm and abuse is a fundamental human right, and serious abuse is a violation of Article 3 of the Human Rights Act 1998. Local authorities must

blockers, targeted information, and education for specific

promote human rights in all their functions, proactively

groups, such as forewarning of an impending scam.1

preventing abuse and neglect where and when possible.6

The National Trading Standards Scams Team (NTSST)

Trading standards provides an essential contribution to

has found that the most effective intervention involves

this policy agenda, adding expertise on consumer rights,

repeat visits to a person’s home to raise their awareness

protection and enforcement.7

of scams, including: understand the importance of keeping their

Good news – the value of early intervention

personal details secure

At a personal level, scam victims and their families value

● Education:

● Coaching:

helping victims identify scams and

helping victims to manage unwanted

telephone calls and scam mail ● Planning:

creating checklists with victims and

academic research

Words. Dr Sally Lee, Dr Lee-Ann Fenge and Professor keith Brown Images. iStock

interventions by trading standards. This is evidenced by feedback collected by TSOs, the research undertaken for this project and the RAND report.8

encouraging them to keep records of scam contact

The current situation

Public awareness: The NTSST has been instrumental in raising public awareness through activities such as the

It is widely accepted that financial scamming can affect

Friends Against Scams campaign, and giving support

anyone2 and different types of scams are deliberately

to TSOs, individuals and their networks. The NTSST

designed to appeal to people in different circumstances.3

collaborates with partners – including the National

However, research suggests that certain factors –

Centre for Post Qualifying Social Work and Professional

specifically age, cognitive impairment, social isolation

Practice (NCPQSWPP), government departments and

and loneliness – make people targets and more likely

the financial sector – to raise awareness of the impact

to respond.4 This does not mean older people are

of financial scams, and the responsibility each sector

automatically more vulnerable; rather, it is dependent

has to protect consumers. These efforts have resulted in

on the convergence of several factors, such as age and

successes such as the implementation of new banking

April 2017

25

academic research

protocols, and partnership with the Joint Task Force Vulnerability Group.

Mandatory partnerships to address financial abuse: The Care Act 2014 creates the foundation for partnership approaches, which are essential to both combat scam victimisation and deal with the complex dynamics involved in addressing a number of issues, ranging from loneliness to financial illiteracy.

A multi-agency approach – drawing on different expertise and skills – is especially important in light of research9 suggesting professional groups only notice some of the cues of financial abuse linked to their professional view of a victim’s life. This implies that successful intervention strategies require multiagency working, to share skills and information about a particular scam or an individual’s needs.

Challenges There are significant challenges to the range of interventions provided by trading standards and other statutory agencies because of the social environment in which those interventions take place.

Growth of scams v shrinking budgets: Financial fraud and scamming are growing problems,10 but – over the past six years – trading standards has faced significant budget cuts, which have led to reduced

decision-making faculties have a negative effect on their

staff numbers and services. Nationally, total spend has

ability to detect and prevent financial exploitation.16

been cut from £213m in 2009 to £124m in 2015, with five services receiving a budget of less than £200,000.11

Scammers’ ingenuity: Fraudsters adapt their

Despite these reductions, TSOs remain on the front line

communication methods in response to scams being

of scam intervention, offering the ‘human face’ of local

disrupted and technology developing, as reflected in the

authority response to scams.12

growth of internet scams and cybercrime.17 Protection,

Austerity measures have also reduced council funding

enforcement and disruption activities by TSOs and the

by 40 per cent, cutting adult social care budgets by

police are problematic, as traders are often based outside

almost 20 per cent13 and resulting in 26 per cent fewer

of the UK. The National Audit Office reports increasingly

people getting help.14 This, potentially, increases the risk

complex and wide-ranging threats, particularly from the

factors leading to vulnerability to scam involvement, with

rise in e-commerce and e-crime. Personal data is often

individuals being unsupported or unable to check the

required for online transactions, which increases the

legitimacy of ‘offers’ with others.

risk of identity theft and fraud. This is a significant issue

There are increasing numbers of people living with dementia – 76 per cent of whom report that they have

for the UK, whose e-commerce market is the largest in Europe and the third-largest globally.18

difficulties in managing their finances. Having dementia 15

26

may reduce a person’s capacity to judge financial risk. As

Recognition of financial abuse from scams: Research

a consequence, there is a relationship between financial

highlights difficulties in the recognition of financial abuse

capacity and financial exploitation, as their reduced

by professionals,19 especially in the social-policy context

April 2017

cases where a person’s assets have been reduced through a scam, the local authority may be required to fund care services, at a cost to the public purse.

Under-reporting: The absence of intelligence about the full extent of scams and their victims limits the opportunity to target interventions. Research reveals that scams are under-reported, ‘with less than five per cent of

academic research

The AbILITy OF TSOs TO COMbAT SCAM INvOLveMeNT beCOMeS AN IMPORTANT eLeMeNT OF PReveNTING eSCALATING CARe COSTS

people reporting scams to the authorities’.25 Reasons for under-reporting include: ● Fear

of repercussions from offenders

● Fear

of getting involved in the criminal justice

system of enabling choice and control.20 Some victims struggle

● Fear

of loss of their independence

to recognise their experience as financial abuse21 – a point

● Lack

of mental capacity

supported by research for this study, where participants

● Not

expressed surprise that their experience was a scam

● Embarrassment

because they had received goods through the transaction.

● Considering

To enable effective interventions, it is necessary to

● Not

recognise a scam – or where there is potential for one –

● Wanting

and that this is a problem for the individual and wider

understanding or accepting they are a victim and self-blame

it is inappropriate or futile to report

knowing who to report to to ignore the incident or forget about it26

society.22 The inclusion of financial abuse in the Care Act

Looking forward

(s42 (3)) brings it into the legislative domain.

Having identified some of the advances in – and challenges for – scam-focused intervention, it is possible

Economic impact: Scams remove funds from the

to consider what work is required.

national economy, reducing the economic and consumer activity of victims, with potential consequences for

Working within budget limits: There is no indication

legitimate commerce.23 The loss of confidence in

that budgets will change, so it is essential that trading

commercial practice and transactions has a negative

standards targets its activities to achieve greatest impact.

impact on the wider economy because ‘consumer

This may include, for example, focusing on disruption

confidence is vital for both effective markets and

through partnership with organisations such as Royal

economic growth’.24 In addition, scams have an impact

Mail, and developing further community-safety initiatives

on the demand for, and funding of, public services. In

to stop rogue traders.

April 2017

27

real-World PraCtiCe

academic research

Bournemouth University’s research team is consolidating the work of a range of interested stakeholders through academic research applied to real-world practice. This work includes expanding the range of practicefocused texts aimed at professionals who work with people in vulnerable situations. Adult safeguarding, mental capacity and scamming brings together contributions from the National Trading Standards Scams Team (NTSST), police and adult social care partners to provide comprehensive information about scamming, and the statutory responsibilities agencies must meet on financial abuse. The publication will be launched at CTSI’s annual conference in June. More booklets can be found at www.ncpqsw.com

Collaborative approaches that share resources, skills and expertise in scam disruption, enforcement and victim support are crucial. These include partnerships between police, trading standards, health, housing and adult

DeSPITe CUTS, TSOs ReMAIN ON The FRONT LINe OF SCAM INTeRveNTION

social care. Additionally, engagement with third-sector organisations is crucial for addressing loneliness and social isolation, which have been linked with vulnerability to scam involvement.27 Speed of response also affects the

The following model may be helpful:

outcome of an investigation and relies on a network of

● Identify

agencies complementing each other.

● Recognise ● Accept

Changing the culture around scams: It is important

● Know

to encourage reporting of scams. Victim blaming may

● Decide

the relevant scam cues the situation as a scam

responsibility for taking action

how to take action to intervene28

contribute to low reporting rates, and is linked to notions of greed and stupidity that remove the responsibility of

Joint research exploring the impact of scams:

government and wider society to prevent harm from

Research – in collaboration with adult social care

scams, and to protect when harm has occurred.

(ASC) – is required to understand the extent to which scams impact negatively upon existing health and care

28

Improving recognition of scams: Raising professional

needs, and the cost of this to public authorities. This is

awareness of scams is required to improve recognition.

an important area because the long-term sustainability

April 2017

of social care is a contentious topic linked to notions of personal responsibility, public taxation and the role of the state in care provision.29 As involvement in scams may undermine health and wellbeing, while reducing an individual’s ability to pay for care, the detriment caused to society is an increasingly important issue.

Conclusion Evidence suggests that financial fraud has become ‘the crime of the 21st century’30 and the detriment attributed to it is growing. New technology offers fertile space for scammers to target a wider range of victims using increasingly sophisticated methods. It is essential that statutory agencies and wider society recognise the risks posed by scams to people’s health and wellbeing. The ability of TSOs to offer early intervention strategies for combating scam involvement is an important element of local authority provision to prevent escalating care costs.

dr Sally lee, dr lee-ann Fenge and Professor Keith brown are from the national Centre of Post-Qualifying Social Work and Professional Practice at bournemouth University.

academic research

References 1. Scheibe S, Notthoff N, Menkin J, Ross L, Shadel D, Deevy M and Carstensen L, Forewarning reduces fraud susceptibility in vulnerable consumers, Basic and Applied Social Psychology, 36 (3) 2014: pp272 – 279.

2. Citizens Advice Scotland, Scammed and dangerous: the impact of fraudsters 2014.

3. National Audit office, Department for Business, Energy and Industrial Strategy, Protecting consumers from scams, unfair trading and unsafe goods 2016, HC 851 session, 2016-17.

4. Age uk, only the tip of the iceberg: fraud against older people 2015.

5. Social Care Institute of Excellence, Assessment: financial crime against vulnerable adults, report no 49, 2011.

6. Department of Health, Care and support statutory guidance issued under the Care Act 2014, 2016.

7. East Sussex County Council, Trading Standards/Adult Social Care: Joint Working Guide, 2015.

8. Lonsdale J, Schweppenstedde D, Strang L, Stepanek M and Stewart k, National Trading Standards – scams team review, The RAND Corporation, 2016.

9. Gilhooly M, Cairns D, Davies M, Harries P, Gilhooly k and Notley E, Framing the detection of financial elder abuse as bystander intervention: decision cues, pathways to detection and barriers to action, The Journal of Adult Protection, 15(2), 2013: pp54–68.

10. Financial Fraud Action uk, New figures show steep rise in telephone scams, 2014.

11. Silvester k, Skeleton Staff, TS Review, August, 7, 2016: pp20–23.

12. Gibson S and Qualls S, A family systems perspective of elder financial abuse, Generations, 2012.

13. Smith N, Johnson P and Phillips D, How far do today’s social care announcements address social care funding concerns?

The Institute for Fiscal Studies, 2016.

14. Humphries R, Thorlby R, Holder H, Hall P and Charles A, Social care for older people Home truths, The kings Fund and Nuffield Trust, 2016.

15. Alzheimer’s Society, Short changed: protecting people with dementia from financial abuse, 2011.

16. Stiege l, An overview of elder financial exploitation, Generations, 36(2), 2012: pp73–80.

17. office for National Statistics, Statistical bulletin: Crime in England and Wales: year ending Sept 2016, 2017.

18. National Audit office, Protecting consumers from scams, unfair trading and unsafe goods, Department for Business, Energy and Industrial Strategy, HC 851 session 2016-17, London, 2016.

19. Gilhooly, opt cit 20. Schwehr B, What the Care Act 2014 will mean for safeguarding – a legal view, Community Care [online] 3 March 2014.

21. Gibson, opt cit 22. Social Care Institute of Excellence, Assessment: financial crime against vulnerable adults, SCIE Report No. 49, London, 2011.

23. Lonsdale, op cit 24. NAo, op cit, p.5 25. office of Fair Trading, Research on impact of mass marketed scams: a summary of research into the impact of scams on uk consumers, London, 2006.

26. Association of Chief Trading Standards officers, Summary of Doorstep Crime Report to National Tasking Group, March 2014, London.

27. Holt-Lunstad J, Smith T B, Baker M, Harris T, and Stephenson D, Loneliness and social isolation as risk factors for mortality: a meta-analytic review, Perspectives on Psychological Science, 10(2) 2015: 227-237.

28. Gilhooly, op cit 29. Crawford, R and Emmerson C, NHS and social care funding: the outlook to 2021/22, research report, 2016. Humphries R, Thorlby R, Holder H, Hall P and Charles A, Social care for older people: home truths, The kings Fund and Nuffield Trust, 2016.

30. National Council of Aging, Ten top scams targeting seniors, 2015.

29

SPotligHt PatriCK ladbUry

Changing

trACkS

nobody likes change – except

maybe Patrick ladbury, who’s forged a career out of making it fun, easy and popular

30

April 2017

Many people groan inwardly – and some outwardly rebel – when the phrase ‘behaviour change’ is uttered.

Maybe it’s because it stirs up memories of school reports, or it’s taken to mean that how people currently work is

Spotlight

Words. Louise Parfitt Images. Richard Ecclestone

somehow wrong.

I admit I have an inherit cynicism of the phrase, so I was pleasantly surprised when I listened to Patrick Ladbury’s session on ‘Changing behaviours’ at CTSI’s recent leadership conference. When I met Ladbury later on, he explained that behaviour change can help ensure the hard work people do benefits not only the organisation, but also themselves. ‘People have fewer resources and less time, so you get burnout, or people feel they are just not having an impact, so get disheartened and leave.’

Personable and passionate, Ladbury works for Uscreates, an organisation that helps others achieve their goals by looking at different ways they can work towards them – including changing behaviour and working habits. ‘It’s not rocket science,’ says Ladbury, ‘just useful, practical stuff, but when we’re head-down in our day jobs, we don’t have the chance to consider another way of doing things.’

Ladbury is well aware of the challenges facing trading standards. ‘Councils are clearly not valuing what trading standards offer, as budgets and staff are being so severely cut,’ he says. ‘So, what is a future business model for trading standards, and how can they grow it?

I think they are going to have to build up networks of collaborators and stakeholders to work together to solve some of the challenges around behaviours that they want to change.’ This could include more joint working with organisations such as the police – Ladbury refers to work

April 2017

31

Spotlight

behaviour occurs, who it impacts and the points on this pathway where an organisation can have most impact. he did with Kent fire service, where home safety visits

It’s this that fascinates Ladbury about behaviour

were combined with a home security check and burglary

change. ‘It’s about asking “who is the influence on this

prevention advice, because many households that

transaction and what’s the most influential point?”’

qualified for the home safety check were also more likely

he explains. ‘Take scams, for example. There’s lots of

to be a target for crime.

transactions on the journey from a scammer deciding

But he also believes that the trading standards

to make contact with a person to the money leaving a

profession needs to be more focused. ‘It takes a brave

person’s account. If I plot that journey out, I can really

chief trading standards officer to stand up and say: “We

start to see the place where I can have most impact,

can’t do everything. It’s too much. We’re going to stop

especially if I have limited time, money and staff.’

doing x in order to focus on y and z”.’

But should it be the responsibility of a lone officer

One of projects that really stands out for Ladbury is his work with a cancer clinic. Uscreates spent time with

to decide on trading standards priorities? ‘There needs

staff and patients to find ways to improve efficiencies

to be some thinking from a higher level from bodies

and communications, so patients were able to get their

like CTSI,’ Ladbury says. ‘It’s about focusing on which

treatment quicker, which had the effect of freeing up two

behaviours and which audiences they really need to

beds per week. ‘One of the best aspects was that staff and

work with, and keeping that focus for at least two to

patients were so much happier,’ Ladbury enthuses. ‘One

three years.’

lady said she is now able to leave the clinic at 3pm, rather

But no matter the focus, how can trading standards

than 5pm, which means she can travel on the tube when

officers (TSOs) make the most of the resources they do

it is quieter and she is less afraid that her wig is going to

have to ensure effective outcomes?

get knocked off.’

Ladbury believes understanding why people act the

So how does behaviour change actually work?

way they do is key to influencing behaviour change,

‘Most organisations just go down the route of telling

whether for politicians, funders, solicitors, businesses or

people what to do,’ Ladbury explains. ‘But you have

people being scammed. ‘Talk to other TSOs, shopkeepers,

to go beyond communications – for example, people

police and banks – you’ll get a far richer insight into what

know they shouldn’t be speeding or smoking – which is

is happening and why,’ he says. ‘Then you can try new

where design comes in. How do you design products,

processes based on your shared understanding of why

services and environments that help people change

people behave the way they do.’

their behaviours?’

Ladbury’s background is in both health and

Trading standards is certainly in the business

marketing. He worked for Asthma UK for many years,

of telling people what to do – some prefer the term

leading their children and young people’s programmes.

‘advising’ – which leads us on to one of the theories

This is where he first became interested in behaviour

of behaviour change used in cognitive behaviour

change – something as simple as getting children to keep

therapy – the COM-B theory. This states that, to make

their inhaler next to their toothbrush helped them to

people change their behaviour, you need three things:

remember to use it everyday.

capabilities, opportunities and motivation.

He then moved to the National Social Marketing

In most situations, you’ll have 50 per cent of people

Centre as co-director, before joining Uscreates in 2016.

At Uscreates, the team spends time looking at a why a

32

April 2017

PatriCK ladbUry liveS: North-east London – ‘but I’m a Brummie!’ loveS: Playing and watching football, coaching tennis and camping: ‘My wife hates it!

But every year we go on a camping weekend with my two brothers and two sisters and all our 18 kids – it’s great fun.’

CoMMitMentS: Nonexecutive director at the National Social Marketing Centre, and he runs a scout troop on a Friday night: ‘I love all the outdoor stuff, although I need to improve my craft skills.’

PerSonal beHavioUr CHange: ‘After six months of living with two torn discs in my back and moaning about the pain, I now get up 10 minutes earlier each morning to do pilates – and it’s helped.

But I can’t stop biting my fingernails because that would mean giving up watching football!’ bUrnt toaSt? ‘I’m more of a medium rare man.’

33

Spotlight

who comply, 20 per cent who don’t and 30 per cent who either want to but don’t have time, or are unsure where to start, Ladbury says. So for this 30 per cent, how can TSOs ensure the support they offer is what is actually needed to get compliance?

‘Giving out business information packs is great for ensuring people have the capabilities, but it isn’t enough.

People whose behaviour needs to change won’t read it, or won’t have time to act on it,’ Ladbury explains.

He says it’s about helping people identify opportunities to do what they need to do to ensure compliance – this could be giving themselves 10 minutes each day to dedicate to such work, such as ensuring letting agents are displaying charges.

‘It’s surprising how a simple thing like that can help,’ Ladbury says. ‘Once you start to understand what’s going to interfere with people doing the task – such as deliveries or client queries – you can work out how you can help ensure that the correct information is captured, or give them a reminder to complete it. If you take the pain of a process away, you make it much easier and people are much more likely to do it.’

And the motivation? That comes from the threat of fines, business closure or even prison.

behavIour change Is ‘borIng, dIffIculT, and lonely’ – we need To make IT fun, easy and popular So, was the recent Food Standards Agency (FSA) announcement the most effective it could have been to ensure people change their roasting habits and

be very different. So, what “future thinking” are lead officers doing at the moment to help prepare for this?’

Planning for the future is important, especially

stop burning their toast? Ladbury smiles: ‘I think the

as trading standards fights to survive in an austerity-

FSA could have done more targeting of the message.

obsessed world. Perhaps, as Ladbury suggests, we need

Remember, messaging is just one aspect of behaviour

to identify what the profession’s priorities are, to admit

change. Very rarely does messaging work on its own.’

that lack of time and money means we can no longer

And, going back to the future, so to speak, what other

do certain things, and that by stopping some areas of

challenges does Uscreates see for businesses? ‘Artificial

work, we’ll be able to really focus on other areas – and do

intelligence is driving a lot of development,’ Ladbury

them much better.

says. ‘The advances in technology will mean the way trading standards deal with challenges in the future will

34

April 2017

KENYON BLOCK Consultants Specialist Recruitment

Te l : 0 2 0 8 3 6 0 7 2 8 9 w w w .k e n yo n b l o c k .c o m

Associate Member of Chartered Institute of Environmental Health

Elementary,

My dEAr WAt 36

April 2017

A bleak service station on the M5, early on a cold, December

using certain surveillance techniques under the Regulation

Sunday morning, is not something you normally associate

of Investigatory Powers Act (RIPA). ‘Each local authority

with the emoji-happy social platform Facebook – but for

has adopted its own practices to meet those requirements,’

38 people waiting in the dark, the link was absolute.

Mogg says, ‘and this has led to confusion.’ But, he adds,

This was a chance for Rhys Harries, from Swansea

most action involving an open group on Facebook has no

Trading Standards, ‘to cut the head off the snake’ – the snake

need for RIPA authorisation; private-sector agencies – such

being the counterfeit and unsafe goods sold on social media

as brands, rights-owners and private investigators – can still

sites, especially at Christmas. The exercise was carried out

monitor the activities of counterfeiters on social media.

under Operation Jasper, led by the National Markets Group

When collecting intelligence for the 4 December

(NMG),* and was one of several conducted to disrupt the

operation, Harries chose to use basic detective work

supply of counterfeit goods.

instead of going through the RIPA process. ‘We weren’t

The problem of fake products being sold on social media

using surveillance equipment, and no personal details

is huge for trading standards, says Mike Andrews, national

were gathered,’ he explains. ‘We suspected the Sunday

coordinator of the National Trading Standards eCrime Team

morning Bristol Fruit Market was one of the main suppliers

(NTSeCT) – and it seems to be growing. Between 2010 and

of the counterfeit goods that end up on Facebook groups

2014, there was an almost 400 per cent increase in consumer

in the Swansea area – partly from what sellers had told us

complaints related to Facebook. Jasper 4 – the latest stage of

when we’d seized counterfeit goods, and partly because

the operation, which targets suppliers of counterfeit goods

we’d noted a leap in the amount of products posted on a

sold on social media – dealt with open groups. However, it

Sunday evening. One Sunday, we saw 27 individuals selling

is hoped that operations will also help to disrupt supplies

counterfeit goods on a single public-facing group.’

on closed groups, which are a real source of frustration for trading standards officers (TSOs).

investigating e-crime

Words. Louise Parfitt Images. iStock

Harries visited the market and saw stalls piled with counterfeits. He identified 27 vehicles connected with the

The proliferation in fake products sold via the internet has come at a time of serious cutbacks in local authority capacity, and when obtaining permission to carry out

stalls, and this information was used to supply intelligence that led to the M5 raid.

investigative work online has become an arduous process.

Tap into support

According to Graham Mogg, chair of the NMG, this ‘limits

It was at this point that Harries looked for additional help.

trading standards’ capability to manage the large-scale

Organisations that came together for Operation Jasper

threat from intellectual property crime’. Since 1 November 2012,councils have had to obtain judicial approval before

SoN April 2017

investigating e-crime doesn’t have to be arduous or confusing. Simple detective work and real collaboration can yield great results, as operation Jasper proves 37

investigating e-crime

included: NMG; NTSeCT; the AntiCounterfeiting Group (ACG); the police; the Intellectual Property Office (IPO); and industry representatives.

‘Working in partnership with the NMG and its private-sector partners allows trading standards to better understand the threat, share intelligence on suspected counterfeiters – which industry bodies can use to investigate, without the need for RIPA – and pool resources to undertake raid action and prosecution, supported by a myriad of NMG

get involved in JaSPer 5

load of goods in the car park,’ Harries

National Trading Standards eCrime Team is encouraging local authorities to come forward and play their part in Jasper 5. Counterfeit products, illicit tobacco, alcohol and fireworks being sold via social media platforms can all be dealt with. Get in touch via www. tradingstandardsecrime.org.uk

the drivers and passengers – most of

explains.

Live scan fingerprinting identified whom had criminal records – then a short interview was carried out. ‘We also seized their mobiles,’ Harries says. ’For health and safety reasons, and out of human decency, we gave them a map and the numbers of taxi firms.’

What next?

The seized vehicles were brought back to Swansea, where ACG offered

members,’ Mogg says. Shared

storage facilities, industry reps helped

intelligence leads to the gathering

with cataloguing the goods, and

of evidence that can be used by private and public-sector

NSTeCT analysed data from the seized mobiles and sat

agencies to take forward criminal prosecutions and civil

navs, which saved Swansea Trading Standards time and

actions. For example, industry can take a private criminal

money. ‘The information is sent back to us to support

prosecution and trading standards can take a ‘state’

prosecutions, and we can go back and ask for more details

prosecution via the criminal justice system.

if we require them,’ Harries says.

Brand officials will often pay for the storage of seized

This one activity has prevented counterfeit products,

goods, and NTSeCT will analyse seized equipment, which

affecting 56 brands, from being sold online, not to mention

is a huge saving for trading standards teams. For Jasper 4,

protecting consumers from some potentially dangerous

industry representatives made test purchases, then helped

goods; make-up, perfume and electrical items were among

with storage and transportation of the seized goods.

those seized. ‘The Facebook activity dropped off a cliff after

With assistance from the IPO and the police team,

[our operation],’ says Harries. ‘Perhaps next time we’ll do

the vehicles Harries noted in the market were identified.

a double or triple hit, stopping vehicles on the way to and

Roadside cameras showed they travelled from the

from the market, and conduct a market visit, too.’

Midlands onto the M5, heading to Bristol between 4am and

Mogg says it is important to remember this single

6am on Sundays. Harries says: ‘We had to think of the best

activity is part of the national picture: ‘The traders have

way of using our resources and decided we had to stop

been stopped and are now subject to investigation. Their

them before they got to market.’

work goes outside of Wales and Bristol; they all operate in

This is how the group came to be at the M5 services

other markets across the country. This is the strength of the

on that cold Sunday morning. The police used automatic

NMG and operations such as Jasper – the partnership and

number plate recognition to find the vehicles and then

collaboration between government, industry and trading

pulled them into the services, where they were greeted by

standards. There is a need for trading standards and

23 TSOs from Swansea, Neath Port Talbot, Caerphilly and

industry to better share intelligence on rogue traders.’

Carmarthenshire; 10 brand reps; and five police officers.

For now, the ‘snake’ has been forced to retreat a little,

‘Two minutes into the brief, we got a call from the police

but Jasper’s ambition is to get rid of it all together, by

to say the first vehicle was on its way in,’ Harries says. ‘It

targeting those further up the chain. ‘The ultimate supply is

contained around 2,000 pairs of counterfeit footwear. I

probably the Far East,’ Andrews says. ‘Jasper supports the

admit I breathed a sign of relief when I saw it, because I

IPO and the NMG as they work with authorities overseas to

knew I hadn’t got everyone out of bed for nothing!’

prevent these goods reaching the UK in the first place.’

In total, 12 vehicles were stopped and six were seized because they were full of counterfeit goods. ‘We decided to use our powers under the Consumer Rights Act 2015 and the Trademarks Act to seize the vehicles rather than just the goods, to avoid the problem of being left with a

38

Footnote: The National Markets Group is made up of industry, law-enforcement and government agencies working together to combat counterfeiting and piracy at markets, car boot sales and on social media. Members include CTSI, trading standards officers, the Intellectual Property office and HM Revenue and Customs. It enables ideas and intelligence to be shared, best practice and awareness campaigns to be developed, and resources to be pooled.

devil’s in the detail Words. Craig McClue Images. iStock

a new green paper promises to protect consumers from subscription traps, unfair terms and conditions, and to give new powers to

With just 48 words in his Budget speech, Chancellor Philip

protecting consumers from the worst traps that pop up in

Hammond announced the bringing forward of

social media platforms, as they often originate beyond the

a green paper to protect the interest of consumers.

reach of UK – and sometimes EU – enforcers.

We now know there are plans to tackle subscription

Another detail is the intention to tackle lengthy

traps, new civil fining powers and measures to end

and complex terms and conditions (T&Cs) in consumer

complex and unfair consumer contracts. However, despite

contracts. In March 2016, the government called for

a few ‘trailed’ details before the speech and three green

evidence on whether such T&Cs were actually a barrier to

paper workshops, there is still much to ponder on the

consumer confidence. Evidence suggests consumers rarely

shape of the proposals – not least questions for trading

read T&Cs – to their peril – as often, within, can lurk terms

standards services.

restricting choice, services and the trader’s liability. While

A welcome detail was the plans for subscription traps.

unfair and imbalanced terms aren’t binding, it is thought

These are enticing – and often false – introductory offers

more can be done. The Department Business, Energy and

for everything from slimming pills to digital streaming

Industrial Strategy (BEIS) consulted on improvements,

services. Their sole intention is to trick consumers into

such as: succinct key terms that are bold and upfront;

lengthy, continuous payment agreements that rely on

standardising for what tick boxes can be used; and

inattention or inertia as large monthly payments leave

clarifying consents on data sharing – or even limiting the

consumers’ accounts. Reports suggest that ‘free trial’

T&Cs to two pages.

subscription offers from firms such as Amazon and Netflix will now be curbed. The real challenge, however, will be

April 2017

budget 2017

trading standards

To incentivise compliance and tackle the worst offenders, the new civil fining powers for general

39

budget 2017

wIll The green paper offer The opporTunITIes for change we have long needed?

individual, and public enforcement’, centred firstly on private enforcement through access to redress, and enforcers such as the Competition and Markets Authority

the effectiveness and availability of ombudsmen and

– and we understand trading standards, too – will be

Alternative Dispute Resolution (ADR). With the expansion

a welcome addition to the enforcement toolkit. The

in ADR schemes, it has been suggested there has also

Consumer Rights Act’s enhanced measures helped us

been a ‘race to the bottom’, because of costs and a patchy

secure consumer redress and compliance. We will soon

provision across the board. How might these barriers be

also have a complementary power to help punish the

overcome to produce the quality, speed and affordability

worst offenders.

that underpin an effective ADR system?

To shape the green paper’s structure further, BEIS

Finally, the focus of discussions fell on trading

held three workshops with broad areas for discussion

standards services. No green paper on consumer

and development.

protection can ignore the seemingly inexorable decline

The first, called ‘Getting the right deal’, explored factors

in capacity that the National Audit Office reports and

that constrain a consumer’s pre-contractual decisions,

countless reviews have highlighted. As austerity has

including price discrimination. Questions included: are

reduced local capacity by more than 50 per cent since 2009,

vulnerable consumers being exploited through a lack

big questions remain about future-proofing our profession.

of transparency and choice in digital markets? Also, we

The workshop focused on five areas – skills and capability,

know their interests and preferences are harvested when

prioritisation, resources, business advice and enforcement

consumers browse the web and post on social media – but

priorities. The problems involved with each are familiar

are some disadvantaged through a lack of transparency on

to us all. Trading standards is asked to do too much with

how their data and choice is manipulated by the so-called

a declining resource base and change is long overdue. As

‘Internet of Things?’

modern consumer markets evolve and digital commerce

The second workshop, called ‘The consumer experience and the future for consumers’, explored new market models, and considered whether they offered

becomes smarter and less local, trading standards needs to be properly resourced, focused and organised.

The green paper presents a big opportunity for change.

sufficient clarity and protections for consumers. As

Rightly, the focus is on the new consumer experience, and

digital platforms are revolutionising the way we buy

on markets that are fast, digital and packed with choice

everything, from fast food to taxis, we’ve also seen the

and information.

growth of sophisticated consumer targeting and the

For trading standards, big questions remain as we

rise of the sharing economy. Consumers can now rent

shape the details of the discussions. Will the green paper

out their unused assets, with everything from bikes to

offer the opportunities for change we have long needed?

holiday homes being shared, but do platforms such as

CTSI will strive to make the answer bold and compelling,

Airbnb, JustPark and ZipCar offer adequate protection for

not buried in the small print.

consumers, or might regulation stifle this growing sector to their detriment?

The third workshop, ‘Enforcing your rights as an Craig McClue is lead officer and policy executive at CtSi.

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April 2017

SPonSored by

ProFeSSional develoPMent WitH TS REviEW Members of CTSI and other professional bodies are required to maintain their professional competence throughout their careers.

Continuing Personal Professional Development (CPPD) means the systematic maintenance, improvement and broadening of your knowledge and skills, and is therefore a long-term commitment to enhancing your competence. CPPD is a requirement of CTSI. TS Review is pleased to offer a free CPPD module in each issue. Simply study the module and complete the questionnaire on the final page, following the instructions for its submission.

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

How to meet safeguarding laws during times of austerity

Many trading standards departments are facing challenges because of budget cuts and reorganisations. These have left officers trying to find new and innovative ways of

CPPd

Protecting the vulnerable

Words. Alison Farrar Images. iStock

working, without causing too drastic an impact on consumers and traders.

As services are streamlined and more emphasis is placed on working to the Intelligence Operating Model*, the traditional consumer advice service has mostly been left to the Citizens Advice Consumer Helpline. Often, secondtier assistance is only offered to those consumers deemed to be in vulnerable circumstances, or to victims of offences.

But it’s increasingly difficult to find the resources to maintain the support that vulnerable victims need to make court claims, or to prevent them from becoming repeat victims.

In the course of their work, trading standards officers (TSOs) meet many people who are in vulnerable situations, and many of their problems are either caused – or made worse – by the matter TSOs are trying to help them resolve.

Even once that issue is resolved, victims are often left financially, mentally and physically worse off.

Scams and doorstep crimes are frequently targeted at people who are vulnerable because of their age, or because of an illness or disability. TSOs often don’t have the resources or expertise to adequately help people who are lonely, frightened, worried or depressed. Some have mental

April 2017

41

CPPd

SPonSored by

CaSe StUdy exaMPleS I work in Anglesey, which is popular with retirees. Its older population makes it an obvious target for rogue traders.

I recently had a call from a home carer who had attended one of my training sessions. She was in the kitchen making breakfast for the lady she works with when a man walked straight into the house and demanded money from the elderly victim. Once he realised she wasn’t alone, he left – but, because of our training session, the carer realised this was probably a loan shark and reported it immediately.

Mr H was referred to us through Age Cymru because he had gone for help to sort out a huge fuel bill. Mr H is very hard of hearing and sometimes finds it difficult to communicate. His advocacy officer was alarmed by the claims a solar panel company had made about the health benefits of installing solar panels and a new radiator system, and that his bills were now more than £3,000 – despite having a system that the company claimed would generate an income of £300 a year.

While I was visiting Mr H, he happened to mention his phone wasn’t working.

I realised he was knocking the adapter out of the socket because of overloading, so – with his permission – I made a referral to social services and the fire service. Mr H is now having improvements made to his telecare system, his phone has been moved to a more secure location, and he’s getting a key safe so that carers can get in when he can’t hear them knocking.

I also made a referral to Change Step, an organisation for the rehabilitation of veterans, which offers gardening work.

Now, Mr H has a team who comes to tidy his garden and stay for a chat. I’m still sorting out the issue with the energy bill, but at least I know Mr H is safe and has a better support system around him.

42

health issues, learning difficulties or physical disabilities, and the additional strain of becoming a victim of fraud can make everything seem much harder to deal with.

These days, TSOs are trained to take video statements and to think about special measures as soon as they identify that a person may be in vulnerable circumstances. Many also refer clients to Victim Support during the investigation – but what about safeguarding victims when a trial is over?

TSOs have an increasing list of new cases to deal with, so they no longer have time to keep visiting the victims of old cases. Of course, scammers sell on people’s details, and doorstep sellers share information, so the chances of someone else attempting to scam a previous victim are high. Once TSOs stop visiting regularly, there is a high probability that the person they have worked so closely with for months will become a victim again, or will no longer be living in their own home – or they will die within 12 months. So, what can be done to stop this?

The Social Services and Wellbeing (Wales) Act 2014 – in England, the Care Act 2014 applies – states that a local authority must arrange for the provision of services covering areas such as: contributing towards preventing or delaying the development of people’s needs for care and support; reducing the need for care and support of people who have such needs; and enabling people to live their lives as independently as possible. Advice and information

April 2017

sponsored by

CPPd

SPonSored by

on various – including financial – matters must be accessible and sufficient to enable a person to make plans for meeting care and support needs that might arise.

Two-way referrals There is a strong argument for a trading standards role in the provision of advice services. Many departments have already started working closely with social services – making safeguarding referrals when officers come across people who may need some extra help – and have identified that telecare systems, key safes and door cameras can be used to combat rogue traders.

In some authorities, TSOs sit within social services, while others offer victim awareness training to social care staff, to help with the early identification of financial fraud.

The result is that safeguarding referrals now work both ways; TSOs refer wellbeing concerns to social services, and social workers and care workers make safeguarding referrals to trading standards when they identify signs of financial abuse. Some TSOs attend protection of vulnerable adult (Pova) strategy meetings to discuss cases and have input into the decisions around the level of care required.

Strategically, trading standards now works closely with social services through local Adult Safeguarding Board (ASB) meetings and other public health arenas. In Wales,

April 2017

43

CPPd

SPonSored by

aPril 2017

trading standards has been heavily involved in setting up the Wales Against Scams Partnership. This brings together charities such as Age Cymru and Citizens Advice – as well as police forces, Royal Mail, banks and building societies – to agree a series of principles for the protection of older people from fraud.

By building a network of partners who can all step in and assist in helping people get back on their feet, TSOs are stopping them from becoming repeat victims and helping them to stay physically and mentally healthy for longer.

Best practice advice • Build up a network of agencies for referral purposes, and offer training to facilitate the referral process • Train your police officers and produce a partnership pack for reference purposes • Train your social care staff within the council, work closely with the housing team, and schedule open sessions for councillors • Set up ‘no cold calling’ zones in the most targeted areas and offer a consumer pack for all householders in these areas • Contact banks, post offices and building societies to offer staff training to enable earlier interventions, and to ensure enhanced protections for identified victims • Make contact with local charities, train their staff and work out a referral gateway procedure that allows them to refer financial abuse concerns. Encourage TSOs to refer people onwards for specialist advice, counselling and advocacy • Work closely with the National Trading Standards Scams Team, taking referrals and promoting the Friends Against Scams campaign to steer vulnerable people away from rogues

Footnote: *Intelligence operating Model is an intelligence framework to help trading standards services, regional trading standards groups and National Trading Standards teams adopt a problem-solving approach to consumer and business protection work and intelligence-led activities.

alison Farrar is a CtSi lead officer for consumer education and scams.

44

ModUle 10: SaFegUarding WitHin trading StandardS Boost your personal and professional development by completing this short questionnaire – worth one hour of CPPD. Answer the questions listed below at www.tradingstandards.uk/cppdtest

1. What is the English equivalent of the Social Services and Wellbeing (Wales) Act 2014?

2. What kind of statements do trading standards officers take when applying to the court for special measures?

3. What do householders in ‘no cold calling’ zones receive?

4. How do carers get into a house if the owner can’t answer the door?

5. Fill in the gaps: Advice and information on matters including financial information must be _________________ and ______________to enable a person to make plans for meeting needs for care and support that might arise.

6. Which National Trading Standards Scams Team campaign do we promote at present?

7. Name the organisation for rehabilitation of veterans that offers gardening work to older veterans.

8. We refer victims to charities for specialist advice, counselling and_________________________? applicants who complete the module successfully will be given a certificate. the test must be taken before 23 June 2017.

Module 9 answers (January 2017): 1. Section 52; 2. Category 1 responders; 3. Anticipation, assessment, prevention, preparation, response, recovery management; 4. Section 14 of the Animal Health Act 1981 as amended by the Animal Health Act 2002; 5. African horse sickness, avian influenza, anthrax, African swine fever and classical swine fever, blue tongue, foot and mouth disease, glanders and farcy, rabies, West Nile virus; 6. Avian influenza, anthrax, rabies, West Nile virus. 7. Animal and Plant Health Agency; 8. Cooperation, information sharing, risk assessment, emergency planning, business continuity management, communicating with the public, promotion of business continuity management to local business and the voluntary community.

Registered Charity No: 1148186

THIS IS SERIOUS

ORGANISED FRAUD The National Trading Standard Scams team estimate letters like these could be netting criminals worldwide up to £10 billion a year, but the damage is not just financial. It can cause elderly and vulnerable people to suffer paranoia and confusion, and even to commit suicide. Across the UK there are victims who need protection and potential victims who need education. This is a problem we all need to address.

CONTACT THINK JESSICA NOW TO RECEIVE A FREE 12 PAGE WATCH OUT FOR SCAMS BOOKLET

www.thinkjessica.com

46

April 2017

HigH NooN

Words. Andrew Johnson Images. iStock

‘Technology can be our best friend, and technology

Working effectively with consumers

can also be the biggest party pooper of our lives.’1 Film

Investigators are often faced with a lengthy list of

director Stephen Spielberg said that 15 years ago. With

consumers who have been defrauded online. In addition

more than half of fraud incidents reported by adults in

to this, victims tend to be located across national and

England and Wales being cyber-related,2 ‘party pooper’

international borders; the fraudulent online service that

is, if anything, an understatement.

only targets people within the jurisdiction of a single

Online consumer frauds are a challenge for trading standards officers in numerous ways:

trading standards department is rare.

This volume and spread of potential witnesses poses

l

The internet offers easy access to numerous victims

particular challenges for investigators and prosecutors

l

Online crime knows no borders

– for example, finding sufficient officer time to speak

l

Technology can cloak perpetrators

directly with witnesses. In an ideal world, tailored

l

Investigations are resource-intensive, both in terms

statements would be taken from each and every one

of time and money

of those consumers, but on many occasions this is simply

Yet the sort of scams carried out online – whether they involve consumers receiving unsafe or counterfeit

From the bar

taking on the cyber cowboys in a virtual Wild West

not viable.

Once statements have been obtained, another

products, or sometimes no product at all – are at the heart

difficulty is facilitating the attendance of witnesses at

of what trading standards seeks to detect and deter. To

court for trial.

turn away from investigating such offences would be to create a virtual Wild West.

April 2017

47

From the bar

Case study one: statements While investigating the conduct of a website involved in the supply of Energy Performance Certificates (EPCs) for domestic households, Hertfordshire Trading Standards received the details of hundreds of people who had made complaints to Action Fraud, Consumer Direct and various financial institutions.

To enable statements to be taken effectively, without imposing a significant drain on officer resources, the complainants were sent a Word document containing a Section 9 statement, followed by a series of questions that enabled them to set out what they had experienced.

They could complete the template statement and return it to investigators, who checked the contents before asking the consumer to return a signed copy. While the investigation was still resource intensive, this approach saved a considerable amount of officer time.

When it came to giving evidence in court, the department liaised with court centres across the country to arrange for witnesses to give evidence by video-link from their local crown court. Copies of the trial bundle were sent by post in advance, and witnesses were able to give evidence without travelling across the country.

Having heard evidence from a number of these

resources such as the internet archive’s Wayback Machine at archive.org can – for intelligence purposes – help give

witnesses, the defendant changed his pleas to guilty

a picture of how a website may have appeared in the past,

on the fourth day of trial. On 24 February 2017, he was

more is required for use in evidence at trial.

sentenced to nine months’ imprisonment, suspended for two years, and disqualified from being a company

Follow the money

director for 10 years.

As with ‘offline’ crime, there is a clear distinction between offences committed by those who run businesses with a

Whether statements can be taken effectively in this way

genuine aim – but who ‘cross the line’ – and those who set

will depend on the nature of the alleged offending. This

out deliberately to defraud. In the online world, those in

approach is likely to succeed where a large number of

the former category are generally easy to identify; websites

consumers have been dealt with in a similar way – which is

are often registered in the true identities of their operators,

often the case with offences committed online.

whether they are individuals or limited companies.

While technology can pose challenges for investigating offending, it can also facilitate it. Often, consumers have an audit trail in the form of confirmation emails and

48

However, where websites are set up to defraud, identifying those who run them can be far less easy.

Often, few checks are carried out on the information

screenshots of an online process. Officers can assist

supplied by people registering their websites. Technology

their investigations by encouraging people to retain and

also allows people outside of the UK to direct and execute

forward copies of all electronic communications sent

fraudulent conduct within this jurisdiction, and to conceal

and received. It is also useful if officers seek to preserve

the location from which a website is being operated. In

evidence at an early stage, by taking screenshots – or,

many cases, tracking down the operators of fraudulent

even better, videos – of the workings of a website under

websites is simply not possible – certainly not with the

investigation. It can take seconds to make substantial

technical resources available to the average trading

changes to information on a site, and hurdles can emerge

standards department in 2017. Even in those cases where it

from a failure to preserve evidence early on. While

is, extraditing offenders to the UK is no easy task.

April 2017

minutes. The leader of the money-laundering gang, plus four subordinates, were all arrested and sucessfully prosecuted. Their collective prison terms exceeded 18 years, and the court made confiscation orders.

From the bar

The sorT of scams carrIed ouT onlIne are aT The hearT of whaT TradIng sTandards seeks To deTecT and deTer. To Turn away from InvesTIgaTIng such offences would be To creaTe a vIrTual wIld wesT

Where those at the heart of a fraud cannot be identified, targeting those who launder the proceeds of the crime on their behalf is an effective way to disrupt offending.

Inter-agency cooperation Trading standards officers are used to working with other agencies to protect consumers, and the benefits of this But no matter how effective the internet is at allowing

can be brought to bear on crimes committed online. But

fraudsters to hide their identities, any successful scam

identifying offenders and securing convictions is not the

requires the realisation of funds. And the stage at which

only way in which crime can be disrupted.

offenders seek to do this is often the moment when offending moves from the virtual world onto the streets –

Case study three: the domain registrar

and, frequently, the streets of this country.

During the investigation into the sale of EPCs, the

Case study two: the ‘Lucy fraud’

National Fraud Intelligence Bureau contacted the domain registrar for a website with a UK domain name. On the

In Operation Fireball, the London Regional Fraud

basis of information provided, the domain registrar

Team was tasked with investigating more than 3,500

suspended access to the website, preventing it from

reports of consumers being defrauded by spoof online

being used for further offending more than a year before

advertisements and fake PayPal websites. It became

proceedings in the crown court concluded.

known as the ‘Lucy fraud’ because of the false name used by the supposed seller in the majority of sales. People

Contact between authorities and registrars is not the only

were persuaded to transfer large sums of money for

way to restrict the ability of people to keep on offending.

high-value goods, but found that – as soon as the transfer

Where individuals are prosecuted, the courts can impose

was made – the sellers disappeared.

bail conditions that require a defendant to stop operating

The investigation team was unable to identify those who were placing the ads and communicating with victims. However, by working with financial investigators, they were able to trace the payments made into bank accounts by consumers. They discovered a group of people being paid to open accounts using false

a website – in general or specific ways. The same can be achieved in proceedings under Part 8 of the Enterprise Act. References 1. Spielberg in the Twilight zone, Wired magazine, 6 January 2002.

2. Crime in England and Wales: year ending September 2016, office for National Statistics, 19 January 2017.

identity documents, into which money from victims was paid and then withdrawn very quickly – often within

April 2017

andrew Johnson is a barrister at 5 Paper buildings.

49

1 I showed her my credentials

and she invited me to enter her private parts

An invisible car came out of nowhere, struck my car and vanished

Say what?! this issue, we’re embracing the spirit of april foolery with a selection of humorous one-liners. Can you guess which ones were said or heard by trading standards officers in the course of their work?

3 Hello, is that Mars?

4

5

I glanced at my mother-in-law and headed over the embankment

I was on my way to the doctor with rear end trouble when my universal joint gave way, causing me to have an accident

50

We’re sure there are many more trading standardsrelated amusing anecdotes and tittering tales out there! Please email your laughter-inducing oneliners to us at tsreview@tsi.org.uk for use in future issues of TS Review.

Picture credits: Pages 6: Agencja Fotograficzna Caro / Alamy, iStock.com / scyther5. Page 7: iStock.com / gehringj. Page 11: iStock.com / kreatiw / Romst / FrankRamspott. Page 12: Frazer Harrison / Getty images. Page 13: Noam Galai / Getty images. Page 14: ullstein bild / Getty images. Page 16: iStock.com / Pingebat. Page 24 and 26: iStock.com / sturti. Page 28: iStock / BrianAJackson.

Page 36: iStock.com / peepo. Page 39: iStock.com / sirup. Page 42: iStock.com / Educester. Page 46 and 48: iStock.com / jossdim. Page 50: iStock.com / bubaone / A-Digit / Dmitrii_Guzhanin / sam_ding / whitemay.

ANSWERS: 1. Prosecution report from a trading standards officer, after a visit to a motor auction.* 2, 4 and 5. Taken from insurance claims where people try to summarise their accident in the fewest words.

3. When on the phone to a well-known manufacturer, a trading standards officer was heard to say this.* *With thanks to John Whisson for supplying these gems – not his own, we hasten to add!

downtime

2

Nominate a Colleague Fellowship Do you know someone who has ‘gone the extra mile’ for our profession?

Any member with suitable support can nominate another for consideration by the college and CTSI council

Do you know a colleague like this?

TSI Business Companion TS Rev Half Page New Logo AW v2.pdf

We rely on your support by way of donations to enable this support.

1

16/04/2015

16:28

If you are interested please contact us at college@tsi.org.uk

www.businesscompanion.info Business Companion - a new information resource for business.

This government sponsored information website provides free impartial legal guidance to help business owners untangle what is sometimes a complicated and confusing world of trading standards and consumer protection legislation.

Designed to offer a basic understanding of how the law views businesses that sell goods and or services to consumers. Quick guides provide the answers and direct you to more in-depth and specific guidance that delivers the detail.

“

Jo Swinson says CTSI’s new Business Companion website will provide an invaluable free and easy to use resource to help companies remain compliant - that’s not only good for business but reassuring for consumers too.

”

Visit Business Companion today for quick and easy legal guidance to help your business keep on top of laws and remain compliant. www.businesscompanion.info

Consumer Affairs & Trading Standards Conference & Exhibition The International Centre Harrogate 26 June - 29 June 2017

Join the debate!

HIVE OF ACTIVITY

Conference plenary sessions are your chance to have your say!

Get involved in our stimulating debate and help shape policy.

Facilitator

Facilitator

Lynn Faulds Wood

Declan Curry

TV Presenter and Journalist

Journalist and Broadcaster

Tuesday 27 June

Wednesday 28 June

Keynote speaker Professor Keith Brown, Bournemouth University

Speakers Greg Jackson, CEO, Octopus Energy

Panelists Glenn Maleary, National Police Chiefs Council

Lewis Shand Smith, Chief Ombudsman, Ombudsman Services

David Templeton, SCOTTS Lead Officer, Metrology

Professor Steven Tombs, Open University

Richard Flinton, Chief Executive, North Yorkshire County Council

Is trading standards performing other agencies’ roles?

During this plenary the panel will consider many issues including: • What are the implications of intelligence-led working to core functions?

• Can services working together deliver improved services to the public?

• What are the barriers to shared working?

Photo: Gill Shaw

What will responsible business look like in 2025?

Conference will ask: • How can businesses discharge their responsibilities and demonstrate they are doing so?

• What role do regulators have in assisting business to maintain standards?

• What challenges will wider economic and political change have on businesses?

T h e L e a d i n g C o n s u m e r a f f a i r s & T r a d i n g s Ta n d a r d s e v e n T i n e u r o p e Main Sponsor Trusted Traders

www.tradingstandards.uk/conference2017