TS Review August 2015

T H E T R A D I N G S TA N DA R D S J O U R NA L

August 2015 Issue 3

TradeSimple Understand Comply

Protect

Important new legislation!

Consumer Contracts (Distance Sales) and Consumer Rights Act 2015 How do you ensure you and your staff are up to speed?

Produced in partnership with the Chartered Trading Standards Institute and Virtual College, our practical online courses offer traders jargon free, step-by-step guidance to important legislation.

Consumer Contracts (Distance Sales) If you sell online, why not train online?

The Consumer Contracts Regulations apply to items bought online, by mail order, over the phone or through a TV shopping channel.

This new course focusses on cancellation requirements and the information traders must now give to consumers.

Consumer Rights Act 2015 Will you be ready?

This Act will affect every business that deals with consumers and will apply to all contracts that you enter into from 1st October 2015. Are you prepared?

The Act clarifies and modernises existing laws, including The Supply of Goods, Services and Digital Content. This new course helps businesses understand how their rights and responsibilities have changed under the new framework.

Both courses use short quizzes and an assessment to test and log understanding for training records.

Contact us today for more information: Jaison Cresswell, Business Development Manager Virtual College Tel: 01943 885093 Email: jaison.cresswell@virtual-college.co.uk

With 20 years’ experience and over 1.6 million online learners, we are proud of our Investors in People, CPD UK and Microsoft Certified Partner recognition.

www.virtual-college.co.uk

EDITORIAL BOARD Our guide to who’s who

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

Carina Bailey // Editor Much has happened in the three months since TS Review was last published: the Conservatives swept to power to form a minority government in May; Nick Boles MP was announced as the new minister responsible for consumer and competition policy; and, as you read this, the profession – and local authority budget setters – will

Welcome

jo Barker programme Manager: Product Delivery, BRDO Jo is part of a government team tasked with improving the business experience of being regulated.

Making an impact in the face of change be on tenterhooks awaiting the publication of Liverpool City Council’s investigation into its trading standards service, following a restructure that was originally

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

contested by Stephanie Hudson. This decision is expected to suggest what the minimum requirements are for a trading standards service, and it is envisaged that local authorities across the land will follow the decision-maker’s lead. Watch out for further coverage of the issue in future issues of TS Today.

In this issue of TS Review we make the connections between the Care Act 2014 and safeguarding responsibilities now placed upon local authorities to protect vulnerable adults and children. We also hear from Nottinghamshire County Council about its work safeguarding citizens – a perfect example of what can be achieved when services like trading standards and social services work together.

Melissa Dring Director of Policy, cTSI Melissa works with politicians and civil servants to make sure trading standards’ voice is heard in policy development.

As the health of the NHS continues to make the headlines, we put Duncan Selbie, chief executive of Public Health England, in the spotlight to explain how tackling the social and commercial influences that impact on diseases like diabetes and cancer is key to the survival of the NHS – and trading standards’ role in that process.

Broadcaster and journalist Liz Barclay explains the continuing issues for people looking to invest their pension pots in the online ‘non-advice’ annuities market, while CTSI lead officer Brian Smith warns of the potential ‘trillion pound’ pension crisis that could be looming in the wake of pension liberalisation and unregulated annuities.

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.

Finally, we say farewell to Irja Howie, who held the post of deputy editor-inchief on TS Today for many years and, more recently, the role of editor-in-chief on TS Review. Her contribution to both publications has been invaluable and we wish her well with her future endeavours.

3

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

Illustrations. Paddy Mills

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

Irja Howie editor-in-chief

matt allwright columnist

Carina Bailey Editor

rob coston reporter

Mark McGinty team leader, Highland council trading standards Mark has been with Highland Council since 2003 and is the current chairman of CTSI Council.

Phil Owen service director (professional standards), CTSI Phil is a commi ed trading standards professional with experience across the private, public and not-for-profit sectors.

Debra nelson ART DIRECTOR

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

TS Review is part of a family of publications published by the Chartered Trading Standards Institute. It is wri en, designed and produced by CPL (Cambridge Publishers Ltd).

Tel. 01223 477411 // www.cpl.co.uk // @CPLCambridge ISSN 2058-3656 See CTSI’s monthly TS Today magazine online at www.tradingstandards.uk/tstoday Download the app: search TS Today at

Adrian Simpson food, safety & TS Manager Waltham Forest Council Adrian is CTSI lead officer without portfolio with an academic background in journalism.

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 TradingStandardsInstitute

4

@ctsi_uk

Chartered Trading Standards Institute

/TeamCTSI

No, it’s not a printing error... If you are puzzling over the illustration on the spine of your copy of TS Review, let us explain. It’s simply the third of a four-part graphic that will build into the full TS Review logo over the course of this year.

Stack all four issues together on your bookshelf to create your own library.

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.

32

25

36

Contents August 2015

25-30

6–9

Academia: Trade-off The cost of efficiency savings – so far – in trading standards

T H E T R A D I N G S TA N DA R D S J O U R NA L

Issue 3 // August 2015

digest Trading standards in the news

11

12–14

32-35 T H E T R A D I N G S TA N DA R D S J O U R NA L

abstracts Quotes and stats from TS Today

Annuities market Why consumers are making irreversible mistakes with their pension pots

August 2015 Issue 3

TSR Aug15 pp01 cover and spine.indd 2

14/07/2015 13:50

analysis The Enterprise Bill

20

36–40

15

cover story Make the connection: safeguarding under the Care Act 2014

41–44

infographic Why we need a single digital market

17

viewpoint Broadcaster Ma Allwright has his say

50

DownTime Complete our coffeebreak quiz to win £25

August 2015

Interview: Duncan Selbie The chief executive of Public Health England on how collaboration is key to improving health CPPD training Consumer Rights Act 2015: Part 2

46–49

Legal The new Care Act 2014

5

Digest

‘Rigorous’ review to identify £20bn of cuts A further £20bn is set

introduce 24-hour

to be cut across central

switching by the end

government departments in the autumn following

of 2018 ●

Work with industry to

a ‘rigorous’ spending

introduce a switching

review process, Chancellor

guarantee to improve

George Osborne announced during the

trust in the process ●

summer Budget 2015.

Further develop the use of Midata, which

The Budget follows

gives consumers easier

the General Election in

access to their data,

May, which saw the first

helping them choose

Conservative majority

the right deal

government elected in

●

nearly 20 years.

As well as more major cuts to departmental

George Osborne leaves Downing Street on Budget day

Work towards improved transparency and

issues for consumers in the

visibility on micro-

annuities market.)

business tariffs

Government also

spending, which will

In terms of the secondary

promised a cap on the

have an impact on local

market for annuities, the

amount charged by

authority services,

government has decided

claims management

Osborne’s budget included

to delay implementation

companies – such as those

a commitment to work

of this to ensure there is a

that encourage claims

with the energy sector

robust package to support

for payment protection

to increase switching for

consumers in making

insurance (PPI) or personal

consumers, as part of

their decision. It will

injury insurance – to

wider work to promote

set out further plans for

reduce nuisance calls to

competition in the industry.

introducing this measure

potential customers.

To do this it will:

in the autumn. (Turn to

●

Work with Ofgem to

page 32 for more about the

To read the budget in full, visit www.gov.uk

BMA BACKS REGULATORY FRAMEWORK TO HELP BEAT OBESITY The British Medical Association (BMA) is recommending that sugarsweetened drinks are taxed by at least 20 per cent in a bid to stop obesity and other health issues.

The idea forms part of five key recommendations to government to improve the nation’s health.

The BMA’s latest report, Food for thought, is recommending that a ‘strong regulatory framework should be central to the approach to reducing the burden of diet-related ill-health in the UK, focusing on

6

interventions that limit commercial influences on people’s dietary behaviour and encouraging healthy dietary pa erns’.

In a statement on its website, the BMA said: ‘We should not tolerate that the next generation is growing up with the normality of regularly consuming processed and fast food, or that there are children who have no concept of where their food comes from. Central to this is creating an environment where it is normal, easy and enjoyable for children

and young people to eat healthily.

‘The Food for thought report sets out the measures needed to help promote healthier diets among children and young people. Many of these will not sit comfortably with the government’s current approach to partnership working with industry.’

To read the recommendations in full, visit www.bma.org.uk To read chief executive of Public Health England Duncan Selbie’s view on public health and health prevention, turn to page 36.

August 2015

A National Audit Office NEWS study has IN BRIEF found many police forces in England and Wales do not have a clear understanding of the demands placed upon them, or of the factors that affect their costs. According to the report, there is insufficient information to identify signs that a force is unable to deliver services. Read All were elderly, frail or the study in full at vulnerable and were preyed www.nao.org.uk

COWBOY TRADERS SENTENCED FOR SCAMS A Nottinghamshire-based

●

gang that scammed pensioners out of sums that

Michael Sean Sumner, 28, of Tuxford, 18 months

●

Christopher Russell, 28, of

upon by the gang to agree

together are estimated to run

Kirkby-in-Ashfield, Notts,

to improvements to their

into millions of pounds was

18 months

driveways or roof coatings.

sentenced at Nottingham Crown Court in June.

●

Mohammed Zulbair Ditta,

Several victims were

52, of Bradford, West

targeted repeatedly by the

Yorkshire, three years

gang, who used a variety of

and vulnerable people

The case was led by the

company names, including

on their own doorsteps,

National Trading Standards

Tileshield Coatings and

pressurising them into

East Midlands Scambusters

Nationwide Roof Coatings.

paying extortionate prices

Team, which collated

for shoddy and unnecessary

evidence relating to 97

work was paid for in full but

building work. Six members

victims from across the East

either not carried out to the

of the group pleaded guilty

Midlands, Yorkshire and

agreed specification or not

in January and received the

Cambridgeshire, to form the

carried out at all.

following jail terms:

basis for the prosecution.

In one of the worst

It is estimated that the

examples of the gang’s

The gang deceived older

●

●

●

Tyrone St John Beard, 46,

In most of the cases, the

of Tuxford, Notts, 6½ years

known victims lost about

work, a consumer who was

Marcus Reading, 27,

£228,000, although this figure

promised that their roof

Tuxford, 4½ years

is likely to be significantly

would be as good as new

Simon Davies, 25, of

higher as there were many

was left with damage to the

Tuxford, 18 months

more victims involved.

tiles, felt and rafters.

BIRTHDAY HONOURS

Leaders in consumer services and public health were among hundreds who featured in the Queen’s Birthday Honours list in June. Michael Gibbons, chairman of the Regulatory Policy Committee, was made a CBE, while the following were made OBEs: Janet Atherton, president of the Association of Directors of Public Health; Jane Vass, head of public policy at Age UK; and Roger Witcomb, chairman of the Competition Commission and chairman of the reporting panel at the Competition and Markets Authority.

August 2015

Digest

●

● Citizens Advice says about 20 per cent of British households complain to their energy provider every year, with billing issues the biggest source of irritation.

The report, The Lost Decade, describes progress on billing performance by firms over the last 10 years as patchy. Energyrelated problems have risen 27 per cent in the past year. ● Electrical Safety First fears that the proposed Scotland Bill, devolving more powers to Holyrood, does not address the issue of counterfeit and substandard electrical goods entering the UK. Currently, the Bill only devolves consumer advocacy and advice.

The legal framework for consumer protection is retained

by Westminster.

7

Digest

‘It’s hugely disappointing that the consumer minister’s portfolio has been further reduced to a small role within the Department for Business, Innovation and Skills’

Government weakens consumer voice is already struggling to

Livermore said: ‘While

Livermore has voiced his

CTSI welcomes – and is

disappointment over the

eager to work with – all

a further diluting and

to consumer protection,

dilution of the new consumer

new ministers, it is hugely

diminishing of the role

health, environment and

minister’s role, which was

disappointing that the

of consumer protection

commerce.’

announced after the General

consumer minister’s portfolio

within this portfolio will not

Election in May.

has been further reduced

only increase consumer

was made, Livermore

to a small role within the

detriment [harm], but also

reinforced his call for a

appointed Minister of State

Department for Business,

place an added strain on

strategic review of consumer

for Skills, with responsibility

Innovation and Skills.

local government, which

protection in the UK.

Nick Boles MP was

for 17 major areas within the

‘CTSI’s concern is that

manage issues related

When this appointment

‘Instead of having a

Department for Business,

minister committed to

Innovation and Skills

consumer issues, the new

(BIS) and the Department for

role is part of a portfolio

Education.

that also includes retail,

Upon hearing the number

construction, rail, trade

of responsibilities that the

union and employment

minister is tasked with,

law and, finally, consumer

Leon Livermore fears an increase in consumer harm

Since the new minister with responsibility for consumer and competition policy was announced, the government has commi ed to a review of trading standards.

In a report by HM Treasury, Fixing the foundations: Creating a more prosperous nation, it promises to ‘review trading standards to ensure that consumer enforcement capability effectively supports competition and be er regulation objectives’. It is expected that this review will be carried out by the Competition and Markets Authority.

8

and competition policy.

CTSI’s chief executive Leon

LIVERPOOL COUNCIL AGREES TO REVIEW A er a legal challenge by a Liverpool resident, a council employee and a CTSI member, Liverpool Council has agreed to review how its local trading standards service is structured.

At a permission hearing at Manchester High Court on 5 May, the council agreed to re-examine its decision to reduce its trading standards service from 19 staff to four. Had it not agreed to this, a judicial review into the issue may have resulted.

The legal challenge was presented in September 2014, in relation to cuts made to Liverpool Trading Standards. CTSI chief executive Leon Livermore, who provided an expert witness statement to aid the court, said: ‘The deep cuts to trading standards services over the past five years have le local authorities’ ability to protect citizens and honest business dangerously compromised in many parts of the country.’

Once the review is complete, Liverpool Council will have seven days to post the outcome on its website.

August 2015

Hot topic: four-year snapshot Citizens Advice Barometer 2011-2015

Consumer/ household bills

20%

drop in advice enquiries about landline telephones

16%

Energy

increase in advice enquiries about mobile phones

Hits on the energy-switching page of our advice website have increased from 4,000 to more than 170,000 over the past four years

11%

Debt

drop in credit, store and charge card issues

CMA responds to supermarket super complaint by Which?

The Competition and Markets Authority (CMA) has responded to a ‘super complaint’ made by Which?, after the consumer champion called for an end to misleading pricing tactics by retailers.

Which? claimed that many supermarkets use confusing multi-buys and baffling sales offers to create the illusion of savings that don’t exist.

The CMA has now

Nisha Arora, CMA senior director, consumer,

Trading standards NEWS IN BRIEF officers across London have taken part in a clampdown on unsafe skin-lightening products. When more than 100 cosmetics were bought from shops in 15 London boroughs and tested for mercury and hydroquinone – which can severely damage skin – 12 were found to have significant mercury content and 20 to contain (PPG), and says that, while hydroquinone. it will provide valuable

announced a series of

said: ‘We have found that,

guidance for businesses

measures to improve

while supermarkets want

on pricing, the guide can

compliance, bring greater

to comply with the law

only be effective if local

clarity to shoppers and

there are still areas of poor

authorities also undertake

simplify the regulations.

practice that could confuse

appropriate enforcement

or mislead shoppers. So

action. However, a report

the CMA found examples

we are recommending

published in March

of pricing and promotional

further action to improve

2015, The Impact of Local

practices that have the

compliance and ensure

Authority Trading Standards

potential to confuse or

that shoppers have clear,

in Challenging Times,

mislead consumers.

accurate information.’

shows that pricing is not a

During its investigation,

However, the problem was

CTSI is currently working

priority for the majority of

not found to be widespread

on the revision of the

trading standards services

across the whole sector.

Pricing Practices Guide

because of budget cuts.

IN SHORT

The Information Commissioner’s Office (ICO) has confirmed it is investigating allegations that firms are selling sensitive personal data – including pension information – to fraudsters for as little as 5p. The Daily Mail revealed the illegal practice to the ICO.

August 2015

●

Digest

‘The type of debt problems people are coming to us with is changing, with proportionally more household-bill debt issues and fewer consumer credit problems’ CITIZENS ADVICE BAROMETER

● A 21-year-old student from Glyndwr University, Wrexham, died a er taking diet pills bought over the internet. Taking just two of the pills, which contained DNP (2,4-Dinitrophenol), would have been fatal, but on the day of her death, Eloise Aimee Parry took eight. DNP is usually a prescriptiononly product because of its severe side effects. It causes the body’s metabolism to accelerate – in the case of an overdose, it runs so fast that the person burns up from the inside.

Source: TS Today May-July 2015 www.tradingstandards.uk/tstoday

9

My greatest fear is that the profession won’t be in existence in five years STEPHANIE HUDSON THE FORMER TRADING STANDARDS OFFICER CTSI MEMBER AND RESIDENT WHO TOOK LIVERPOOL CITY COUNCIL TO TASK OVER THE RESTRUCTURING OF ITS TRADING STANDARDS TEAM

It is incredibly disappointing that instead of taking this opportunity to make consumer rights issues a priority, the government has decided to further weaken its voice

By using POCA, Brent Council has secured £5,430,922 through 52 confiscation orders since 2002 PROCEEDS OF CRIME ACT ARTICLE

BY LEE WENZEL ‘MAKING EVERY POUND COUNT’

By the end of 2016, the average UK household is set to owe close to £10,000 in unsecured debt – more than ever before

Abstracts LEON LIVERMORE ON THE ANNOUNCEMENT OF THE NEW CONSUMER MINISTER AFTER THE GENERAL ELECTION IN MAY

HOW BRITONS FELL BACK IN LOVE WITH BORROWING PRECIOUS PLASTIC REPORT PWC

From TS Today

I was talking to somebody and then I just heard her scream.

I turned round and that was that. She was just on fire.

I mean she was on fire. It’s not like fire I had seen before

CLAUDIA WINKLEMAN SPEAKING TO WATCHDOG OF HER HORROR AT WITNESSING HER EIGHT-YEAR-OLD DAUGHTER MATILDA BEING ENGULFED BY FLAMES AFTER HER FANCY DRESS COSTUME CAUGHT FIRE WHILE TRICK-OR-TREATING LAST HALLOWE’EN

Sometimes the impact of a scam is ruinous: a lifetime of careful saving wiped out in the space of a telephone conversation, at the stroke of a pen or at the click of a mouse SCAMS AWARENESS MONTH CONSUMER CAMPAIGN

Despite decades of legal and physical threats for her work championing consumer issues – she was once chased by a woman brandishing an axe – she has never given up: ‘I was born in Glasgow,’ she says, ‘we’re made of tough stuff!’

Mass marketing fraud is an international problem, where between £5bn and £10bn is lost each year from the UK LOU BAXTER CTSI’S JOINT LEAD OFFICER FOR CONSUMER EDUCATION

We have seized about 406,000 cigare es and 320kg of illegal tobacco, which would have sold for around £140,000 ILLEGAL TOBACCO ARTICLE BY ROB COSTON ‘DETER AND TACKLE’

LYNN FAULDS WOOD SPEAKING TO TS TODAY REPORTER ROB COSTON ABOUT HER LATEST PROJECT HEADING UP PRODUCT RECALLS

August 2015

Source: TS Today May-July 2015 www.tradingstandards.uk/tstoday

11

What effect will the proposed Enterprise Bill have on business and the work of trading standards?

Words. Rob Coston

Analysis

Clean bill of health?

In his first speech as the

for business, and this

portfolio, is more positive

economic climate. He says:

new Secretary of State

constant rhetoric about red

about the proposals, and

‘They must be sensible

for Business, Innovation

tape is unhelpful headline

believes reducing red tape

and not reduce levels of

and Skills, Sajid Javid laid

grabbing,’ says Brandon

is an advantage. ‘Trading

consumer protection at a

out his vision for a new

Cook, trading standards

standards has to deal with

time when trading standards

Enterprise Bill to create jobs

manager at Staffordshire

a lot [of red tape], and it is a

resources are so stretched. In

and boost the fortunes of

County Council. ‘Regulation

growing burden – but we

reality, the government will

entrepreneurs and small

is essential to ensure fair

will want to see what cutting

be looking beyond our areas

business owners.

competition and to provide

it will mean for how we

of law this time, as plenty of

a degree of trust for

deliver services.’

trading standards legislation

A new bill, he said, will:

has been removed.’

focus on reducing the impact

consumers. I certainly do not

of regulations on business

recognise the description

of Stonely Training &

to create two million more

[by Javid] of “heavy-handed

Consultancy and CTSI lead

lead officer for consumer

jobs in the next five years;

regulators” in relation to

officer for consumer law,

and product safety, believes

simplify and extend the

our profession. This is a

believes that cuts to red

there is ‘obsolete’ UK-

scope of Primary Authority;

perception we have worked

tape will be welcomed by

only legislation that could

and create a Small Business

hard to shake off.’

regulators and businesses,

be repealed – and more

but fears for consumer

appropriate European

protection in the current

legislation used instead –

Conciliation Service to help settle disputes over payment.

Adrian Simpson, CTSI lead officer without

Peter Stonely, director

Christine Heemskerk,

He also promised this new ‘long-term economic plan’ would ‘sweep away burdensome red tape and get heavy-handed regulators off firms’ backs’. ‘For the first time, the actions of regulators will be counted towards achieving an overall £10bn in cuts,’ Javid said in his speech.

But what effect will further cutting of red tape have on business and consumer safety in the UK? ‘Good regulation by good regulators is good

12

BRANDON COOK TRADING STANDARDS MANAGER AT STAFFORDSHIRE COUNTY COUNCIL

‘Primary Authority is popular in government and, as our resources shrink, it can be made to work better for our services. I am in favour of its expansion, but a much-improved database is required’ August 2015

PA CASE STUDIES â—?

Imperial Car Supermarkets largely a�ributes its turnover increase – from £27m to £60m  – to disciplines introduced as a result of a PA partnership with Portsmouth City Council. For example, changes to the firm’s internal culture and overall approach have resulted in a 30 per cent reduction in complaints

â—?

The Construction Products Association used its coordinated Primary Authority partnership with Cambridgeshire County Council to provide its members with a consistent interpretation of the key issues. This has since been adopted by the sector at a European level, saving it hundreds of millions of pounds

without affecting consumer

market abuse and, ultimately,

currently 6,704 businesses

protection. She cites the Oil

consumer detriment. A

in 7,111 Primary Authority

Heaters (Safety) Regulations

prescriptive approach – such

partnerships with 154 local

1977 and Asbestos Products

as is suggested, at least in

authorities. Of these, 1,578

(Safety) Regulations 1985 as

part, in the report – arguably

are direct partnerships

examples of such laws.

fails to recognise the need

and 5,533 are coordinated

for flexibility to adapt to

partnerships, through

Cameron Crowe, deputy head of the consumer law

changing circumstances and

team at 36 Bedford Row,

protect those in need.’

believes the suggestion that no new EU legislation

Prime directive

should be brought in unless

Primary Authority allows

it meets the COMPETE

businesses to be involved

Principles – a ‘common-

in their own regulation

sense filter’ recommended

by forming a statutory

by the UK government’s

partnership with a local

business taskforce – could

council or fire and rescue

potentially be significant.

authority, which then

The principles include a

provides advice to other local

‘one in, one-out’ rule, which

regulators when carrying out

requires an existing law to

inspections or addressing

be repealed before a new

non-compliance. These

one can be introduced, thus

agreements, which can

offsetting any new burdens

cover broad or specific areas

on business by reducing the

of environmental health, fire

burden elsewhere.

safety, licensing, and trading

which a council deals with a PETER STONELY DIRECTOR OF STONELY TRAINING & CONSULTANCY AND CTSI LEAD OFFICER FOR CONSUMER LAW

‘Cuts in red tape will be welcomed by trading standards and businesses, but they must be sensible and not reduce levels of consumer protection at a time when resources are so stretched’

group of similar businesses en bloc – for example, by partnering with a trade body.

Small businesses account for 83 per cent of the firms involved, while five per cent are medium-size enterprises.

Currently, Primary Authority encompasses 90 per cent of the UK retail market.

However, Javid believes that only a fraction of the businesses that could benefit from Primary Authority are taking advantage of it, so he intends to encourage participation by increasing coordinated partnerships.

‘This particular aspect, if

standards legislation, aim

adopted, would be extremely

to ensure that regulation

limiting, and likely to be

is consistent at a national

unacceptable to regulators

level, yet sufficiently

and responsible government

flexible to address local

trading standards to push for

alike,’ says Crowe.

circumstances.

better regulation, especially

‘Statements on reducing

According to the Better

Speak up Cook believes the Enterprise Bill is an opportunity for

as the details have yet to be

regulatory burdens are

Regulation Delivery

finalised. He thinks officers

easily made, but too little

Office, which administers

should make their voices

regulation will always lead to

the scheme, there are

heard at this critical time.

August 2015

Analysis

Under Primary Authority (PA), businesses receive regulatory advice from local authorities, allowing them to invest with confidence in products, practices and procedures.

13

Analysis

EU REFORM At the same time as Sajid Javid made his announcement, the EU commi ed to reducing the regulatory burden on member states and businesses. It has started a Regulatory Fitness and Performance programme – known as Refit – to improve EU regulation, and the European Commission hopes this new ‘interinstitutional agreement’ will be finalised with member states before the end of 2015.

The main purposes of the Refit platform will be to: ●

●

●

●

14

Invite and collect suggestions for regulatory burden reduction from member states and stakeholders Assess the merit of these suggestions in terms of their potential for reducing regulatory burden on businesses stemming from EU legislation – or its implementation at member-state level – without affecting the legislative objectives Agree, on this basis, on those suggestions that should be brought to the a ention of the Commission services and/or the national, regional or local authorities responsible, while communicating views on them Communicate back to the stakeholder the outcome of Commission services’ or memberstate authorities’ consideration of the suggestions

firms, which may receive separate approaches ‘The Primary Authority

from their trading

scheme is popular in

standards partner and an

government and, as our

independent regulator.’

resources shrink, it can be

Graham Venn, chairman

made to work better for

of the Association of

our services,’ he says. ‘I am

Chief Trading Standards

in favour of its expansion,

Officers (Actso),

but a much-improved

says the Association

database is required – with

wholeheartedly

access through multi-

supports the extension

platform apps – so that

of the Primary Authority

officers are aware of the

scheme, especially if it

existence of partnerships

means businesses can

and the advice that has

be sure the advice they

been issued, together with

receive applies across the

inspection plans. It would

country. ‘This encourages

also help if our police

the business to be more

colleagues could have

innovative and less

regard for assured advice.’

risk-averse in launching

GRAHAM VENN CHAIRMAN OF THE ASSOCIATION OF CHIEF TRADING STANDARDS OFFICERS

‘Actso hopes more small manufacturers and importers will look to Primary Authority for first-stop and one-stop advice about the legality of their products before putting them on the UK market’ Stonely would welcome

products, and avoids

the wider support for

duplication of effort by

small businesses that

enforcement authorities,’

an extension of Primary

Venn says. ‘Actso hopes

Authority would achieve,

more small manufacturers

but cautions: ‘Extra time

and importers will look to

spent on this work – which

Primary Authority for first-

is often not financially

stop and one-stop advice

viable enough to help

about the legality of their

us backfill posts – takes

products before putting

staff away from the front

them on the UK market.’

line. I hope the business

In the coming weeks

secretary will also ensure

and months, consultations

that all regulators follow

will be held on Javid’s

the Primary Authority

proposals, so that

principle, which is not the

businesses and regulatory

case at the moment. This

stakeholders can make

leads to wasted time for

their voices heard.

August 2015

The

rie

rs

● Small

online firms wishing to trade in another EU country face €9,000 in extra costs for having to adapt to national laws ● If the same rules for e-commerce were applied in all EU member states, 57% of companies would either start or increase their online sales to other EU countries

s esse usin db an rs ross ential me ac pot su es rce on rvic me se com -

2014, 15% of consumers bought online from other EU countries, while 44% did so domestically ● EU consumers could save €11.7bn each year if they were able to choose from a full range of EU goods and services when shopping online ● Only 7% of SMEs in the EU sell cross-border

n tio lu

● In

So

Why we need a digital single market

Modernising copyright Images, films or music and games are the most popular online activities and digital spending on entertainment and media has double digit growth rates (around 12%) for the next five years ● 1 in 5 Europeans is interested in watching or listening to content from other EU countries ● 1 in 3 Europeans is interested in watching or listening to content from their home country when abroad

Source: Why we need a digital single market fact sheet, European Commission

Crea te b to d e e Euro igita r acc l p e g e b y u o od s s f n s o l o ck and r c i n g e

Going global

Online trading

p op

Th e

r ba

315 m A Dig illion ita E addit l Sing urop i l new jo onal e M ean bs, a g s a nd row rke use a v th, t c ibr hu a an n n t, d k

o

itie n rtu

Tod (42% ay it fro is m onli m 28 ade ne E onl ser U m up o ine vic e f se es mb r v (5 ice s

s vice d ser e ne US-bas n li l o nd rder na s) a s-bo % tio te ros ly 4 na sta U c t on er ). E esen 4% epr r

y. y da n in r e ev 5b et o €41 s of n er p t a n d ciety int te u hous sed so e t th crea of e-ba s d dg re wle no s

Affordable parcel delivery costs ● More

than 90% of e-shoppers consider low delivery prices and convenient return options as important when buying online ● 62% of companies that are willing to sell online say that too high delivery costs are a problem

15

Check out Values, Money & Me

a free online resource to help children explore the world of money with teachers, parents and carers Values, Money and Me is the UK’s first free online teaching resource specifically designed to give young children a head start in life by helping develop their financial knowledge and abilities, as well as their attitudes and values towards money: • Helps children aged 5-11 years and those with special needs • Eight interactive storybooks help children explores the world of money in a new way • Supported by a range of tasks, plans and dilemmas • Online learning or as stand alone tools to download and use offline • Detailed lesson plans, assessment tools and classroom materials • All adaptable to a particular class’s abilities • A cross-curriculum resource particularly supporting PSHEE, SEAL, Citizenship, Mathematics, English and History • Strong and engaging characters and artwork

Visit: www.valuesmoneyandme.co.uk

A child’s safety is not to be toyed with Safety, however you try to dress it up, isn’t sexy or

Any viewer would have been moved but, as a parent,

exciting. You don’t see Tom Hardy starring in a film in

it’s incredibly difficult to imagine seeing your child in that

which he experiences little or no peril due to correct

situation, and not being able to help. Yet it appears Claudia

working practices. Hi-vis is not this year, last year or

had simply done what most of us have done at some point:

next year.

stopped at a supermarket before a party and bought a

However, we – that is, you and I – in our different ways have a duty to protect people from things that might hurt or kill them. In some ways it’s easier for you, as trading standards officers, because your tool is the law. Mine is television, which means I have to get people watching first,when there is quite possibly a re-run of Flog It! on the other side – not to mention 88 other channels, most of them populated by Peter Andre.

Sadly, against these odds, safety doesn’t sell – at least not

cheap, off-the-rack costume, on the assumption that – if it’s being sold by major retailers – it must be safe. In fact, they aren’t. Costumes aren’t submitted to the same testing as other clothes, because they’re classed as toys. It’s a situation we’re hoping will soon change.

You do start to feel, though, that it’s an assumption that extends beyond supermarkets. Yes, we all know that the ‘60s and ‘70s were dangerous, with high-profile safety scandals

in the same way as it did in the

such as Thalidomide and the

‘80s, when Lynn Faulds Wood

Woolworths sofa fire – but surely

transformed our homes into places

we learned from that, didn’t we?

we enjoy, rather than survive.

Which means when a programme such as Watchdog runs a story on safety, it needs to be pretty breathtaking.

In spring, Chris Hollins interviewed Claudia Winkleman, presenter of Strictly Come Dancing, who told the horrifying tale of seeing her daughter’s clothes consumed by flames when the

Viewpoint

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

Our parents paid the price and, in 2015, we can relax.

Claudia’s story shows us that we can’t. There are still areas of our lives where – for the sake of convenience, in search of a bargain or just through ignorance – we are still putting ourselves and our families at risk.

Even though it’s only rarely sensational enough to

Hallowe’en costume she was wearing caught alight after

break into the national psyche, it doesn’t mean we can

coming into contact with a candle. If another parent

give up trying to get the message across.

hadn’t had the quick wit to roll the child on the ground and extinguish the flames, her injuries would have been life-threatening.

August 2015

Ma Allwright is a television presenter and journalist. He presents BBC programmes, including Watchdog, Rogue Traders, The Housing Enforcers, and Saints and Scroungers.

17

YOUR LETTERS

I have been meaning to write to you following Matt

more positive stuff written about the EU in this country,

Allwright’s article in the February issue of TS Review.

because so much EU legislation has actually been good

The arrival of the May edition has reminded me to do it!

for the UK – because we made sure it would be.

Although there doesn’t appear to be a letters

In the February issue, Matt repeats the so-often-heard assumption that regulations are somehow forced upon

column in the Review, I’d be grateful if there was some

the UK by the EU – in this case the (shorthand) Consumer

way for members to voice an opinion. The move to

Protection Regulations (CPRs).

online publishing seems to me to put some distance

What so many people seem to fail to appreciate is

between CTSI and its members. TS Review is a fine and

that the UK plays a very important

professional publication, but it still

role in the origination and drafting

needs a forum for debate.

of EU laws. As one of the three

David Pearce

major nations in the EU, it is up to

Retired Business Group

us to make sure that our influence

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

they do not adversely impact on our

Let’s Google ‘consumer affairs minister’ – always a

five members of One Direction, but ask them who’s

good start to a thoroughly researched column. Jo

protecting the way we transact with each other‌ zip.

Swinson MP, current minister for Employment Relations,

way of life – indeed, they should always improve the way we live.

importance on the consumer world. If these transactions

industries to one-man-band roofers who may, or may not,

go wrong, they can have a hugely detrimental effect

talk politics. It also means I can’t comment on the radical overhaul of consumer rights that Swinson claims to be undertaking with her team. Here’s a simple truth I can state though: even before I Googled her, I knew Jo Swinson’s name. That makes her a bit of a rarity for

creation of the CPRs – along with a

me, because whole ministers have come and gone without me knowing.

I know what to Google next.

number of my business colleagues

My favourite piece of legislation – the 2008 Consumer Protection Against Unfair Trading Regulations! Whoever

– having spent many days in

dreamed up that one-stop-shop legal kit must be

Brussels and elsewhere during

essential that we have a working

legal structure so that we can buy

with confidence and know what is supposed to happen when things go wrong. The chain of responsibility goes

through trading standards to ministerial level and it’s

strange that we rarely know

with whom the buck stops.

Talking of bucks, on

holiday in the States this year,

we were crossing the border

from Canada and saw pictures of

the Secretary of Homeland Security

and his deputies. It’s the sort of patriotic

guff we would run a mile from here, but those

pictures told me two things: there’s a system in place; and these guys are prepared to put their faces, and

no choice in the matter. They were unavoidable –

reputations, on the line for it. I now know who those

short of leaving Europe. POLITICAL MINEFIELD

guys are – if only this was always the case with my own

the minister who has so much responsibility for our daily lives is such a stranger. My family can name all

attempting to influence government

undermine your faith in the world. So it’s

of European law; the UK consumer minster had

My point is this: it seems strange that, so often,

the drafting and approval process,

on our lives; losing your money to a con can

well known. Oh‌ no. They were just an implementation

APPROACHING! STOP WRITING!

February 2015

TSR feb15 pp16-17 Allwright.indd 17

as MEPs. The principle of the proposed regulation was undoubtedly a very good one and, to a large extent, born of admiration for the UK’s Trade Descriptions Act. In supporting it, our job was to ensure the final article was comprehensive, comprehensible and enforceable.

The UK’s experience of this type of legislation significantly helped to shape the final draft.

If ‘the UK consumer minister had no choice in the

FROM THE EDITOR

The team at TS Review and TS Today thank David for taking the time to send us his contribution – indeed, we agree wholeheartedly with him about featuring more debate within both publications.

As this is the first le�er a member has sent to TS Review, we decided to publish it first in TS Today – as well as in this issue of TS Review – so that readers could see it at the earliest opportunity.

Debate is the cornerstone of any publication – digital or otherwise – and 17 we can only publish le�ers if readers take the time to write them. So please, take heed of David’s request and tell us if you have read something in TS Review or TS Today that you like – or that you don’t like. Tell us what you think about the trading standards profession today – about the challenges you’re facing in your job, the solutions as you see them and what you think CTSI could/should be doing to help you as an officer, as a local unit and as a profession. The need for healthy debate has never been greater, so – yes, please – send us your views, because we want to hear them!

achievements, but maybe we just don’t place enough

that – legislate for everything from multi-billion-pound

Working with the BBC means I can’t

a not insignificant part in the

It’s not their fault. Ministers rarely hide their

Postal and Consumer Affairs. Wow! She has to do all

be rogue traders?

I like to think that I played

and commission officials, as well

member

UK consumer affairs minister – or secret agent?

is brought to bear on such laws so

Viewpoint

Viewpoint

No choice?

consumer minister!

Ma Allwright is a television presenter and journalist. He presents programmes including,Watchdog’s Rogue Traders, Housing Enforcers, and Saints and Scroungers on BBC1.

15/01/2015 12:46

By email: tsreview@tsi.org.uk; tstoday@tsi.org.uk By post: CTSI Publications, CPL, 275-277 Newmarket Road, Cambridge CB5 8JE

matter’, he/she was not doing a proper job: the legislation was not ‘unavoidable – short of leaving Europe’. At least Matt had the sense to admit he was entering a political minefield by saying what he did. I’d like to see a lot

18

Got an opinion?

We want to hear it. Email tsreview@tsi.org.uk or visit CTSI’s forum page (www.tradingstandards.uk) to add your voice to the discussion. We reserve the right to edit le�ers.

August 2015

Care and support is changing for the better The new Care Act is helping to make care and support more consistent across England.

If you receive care and support, or you support someone as a carer, you could benefit from the changes. To find out more, visit gov.uk/careandsupport

Words. Carina Bailey Images. Shu erstock

Making

20

Care Act 2014

the links

The Care Act 2014 aims to create a new affinity between trading standards and social services – but No inghamshire County Council is already ahead of the game For the first time in English law, the wellbeing of an

As well as reducing levels of senior management, the

individual is the cornerstone of a new and much-

authority recognised the importance of trading standards’

anticipated piece of legislation that is overhauling social

work in safeguarding adults and the links the service had to

care in England.

its social services team.

The Care Act 2014 came into force, in part, in 2015 and

Now, the 40-strong trading standards team sits within

puts a new statutory duty on local authorities to protect

the adult social care, health and public protection team,

adults from neglect and abuse.

alongside social services, giving officers direct links with

For the first time, this requires trading standards, police, social services, the NHS and other safeguarding

their colleagues in social care.

Mark Walker, group manager – trading standards and

partners to work together to ensure an individual is

community safety, meets every week with his line manager

protected from abuse or neglect.

Paul McKay, service director, access and public protection,

Shining example

and Councillor Glynn Gilfoyle, chairman of the community safety committee and vice-chairman of the public health

For Nottinghamshire Trading Standards, the Care Act

committee, to discuss outcomes of ongoing safeguarding

will simply be rubberstamping a working practice that its

work and new cases. Walker believes this contact is key

county council put in place in 2011 as part of a restructure

in making his director and elected member aware of

of services.

the impact of trading standards’ work. ‘You’ve got to

21

Care Act 2014

show what the outcomes are,’ says Walker.

This whole new way of working was made possible thanks to the authority’s former chief executive, Mick Burrows, whose vision it was to create a senior leadership team that worked across sectors.

McKay says: ‘He believed that leaders could go across all areas. He felt a leader didn’t need to have detailed knowledge of a particular area and he wanted to test that out.’

McKay himself is a social worker by profession and knew little of trading standards before the service was brought under his remit.

But Walker says he was keen from the start for trading standards to sit alongside social services: ‘We’d spent so long on the outside

ABUSE AND NEGLECT

From that point on, McKay has understood the bigger picture of what it

There are eight key forms of abuse and neglect recognised by the Care Act: 1. Financial 2. Physical 3. Psychological 4. Sexual 5. Neglect or acts of omission 6. Discriminatory 7. Organisational abuse 8. ICT Abuse

is that trading standards does, and how it helps keep people safe, including: removing dangerous foodstuffs from the food chain, which could prevent an elderly person needing hospital treatment; preventing people from smoking, which saves the NHS millions in reduced cancer and lung disease treatments; and enabling an elderly person to have the confidence and independence to remain in their own home – rather than slipping into the care system – by preventing them becoming a victim to scams or rogue traders.

Once McKay understood the importance

trying to get in [to social care] that we were

of trading standards’ work, he gave the team

really up for it,’ says Walker. ‘It didn’t concern

access to the adult social care system, where

me that we would become a small part of a large machine.’

To introduce McKay to the world of trading standards, Walker took him on a number of visits with his team.

Walker says: ‘We needed to show Paul where we make

social services record details of all their cases – a move Walker describes as symbolic. ‘That was like saying to us: “We trust you”,’ says Walker.

Nottinghamshire County Council uses MASH, a

a difference to older adults, what criminal gangs look like

multi-agency safeguarding hub. This includes a trading

and how they rip people off. Paul was very, very open

standards officer, Police Community Safety Officer,

to learning.’

social worker and a student studying a health and care

A BRIEF GUIDE There are a number of best practice steps to safeguarding adults at risk that trading standards officers should take: ●

●

●

22

Appoint a safeguarding lead within your service Make contact with your local safeguarding adults board and outline your role in safeguarding adults at risk Secure access to your adult service’s database

●

●

●

●

Make contact with key partners in adult services, the police, the NHS and the voluntary and private sectors and understand their roles Raise awareness of trading standards and safeguarding issues with partners

●

●

●

Establish information-sharing agreements with key partners Clarify the referral process to partners when adults at risk are identified

●

Understand the demographics of your area Ensure elected members are aware of the safeguarding role and work of trading standards Ensure all operational staff are given safeguarding training, including in relation to the Mental Capacity Act and their role as alerters Provide additional awarenessraising training for staff

August 2015

School in Mansfield. This way of working, says McKay, avoids the need for social care because the primary needs of individuals are met first.

Now, McKay’s stance on trading standards is clear: ‘Every social care department needs a strong trading

From le : Mark Walker, group manager – trading standards and community safety; Councillor Glynn Gilfoyle, chairman of No inghamshire County Council’s community safety commi ee; and Paul McKay, service director, access and public protection

Care Act 2014

qualification at Nottinghamshire’s new Vision Studio

standards department to work alongside it.’

As a result of these close ties, some social care providers are being investigated by trading standards for criminal behaviour, instead of those behaviours simply

WE’D SPENT SO LONG TRYING TO GET IN TO SOCIAL CARE .

IT DIDN’T CONCERN ME THAT WE WOULD BECOME A SMALL PART OF A LARGE MACHINE

being viewed as poor practice.

McKay concludes: ‘Trading standards work is about protecting vulnerable people and consumers in general, and we have recognised that these were the same people social care staff were working with, and that trading standards could potentially play a valuable role in reducing the amount of demand going into social care services.’

WANT TO KNOW MORE?

For a fuller explanation of the Care Act and what it means for trading standards, turn to page 46. Watch out for more coverage of safeguarding and the Care Act in future issues of TS Today.

●

● ●

●

Consider allowing the safeguarding lead to shadow staff in other agencies/staff in other agencies to shadow trading standards

●

●

Do not allow lone working Consider the emotional resilience of staff. Carry out one-to-ones Empower staff to make dynamic decisions, in consultation with partners, family members and carers

August 2015

●

●

Ensure information and advice on how to avoid financial abuse is available and accessible to all Carry out regular reviews of your safeguarding work, practices and procedures Understand and develop your role in preventing the abuse of adults at risk Be prepared to raise concerns about the failure of partners to safeguard adults at risk

●

Consider either a multi-agency team to undertake safeguarding work, or participating in a multi-agency safeguarding hub (MASH)

Source: This is a condensed version of best practice steps outlined during a CTSI mini theatre, ‘An introduction in safeguarding in trading standards’, which was presented by Ruth Andrews and Lou Baxter at Conference in July.

23

Words. Mark McGinty

Care Act 2014

SAFEGUARDING IN SCOTLAND

24

The Adult Support and Protection (Scotland) Act 2007 is an Act of the Sco ish Parliament which, among other things, seeks to protect adults from harm.

From a trading standards perspective, this includes financial harm, for which the main culprits are scams and doorstep crime.

The Act imposes a duty on each local authority to establish an Adult Protection Commi ee (APC) to oversee the safeguarding of adults by a local authority, the Care Commission, the Health Board and the police. In doing so, the APC must also seek to improve cooperation between the public bodies involved.

The journey for Highland Trading Standards started with a meeting between us and the APC coordinator.

We had concerns that victims of doorstep crime in the area needed more than just consumer protection and that – in performing our enforcement function – we needed to treat the complainant as more than a witness. This led to a presentation to the APC coordinator on the role of trading standards, what we were experiencing, and where we thought we could help further.

Soon a er, trading standards was quickly offered – and accepted – the role of special adviser to the APC, and became a key participant in its financial harm sub-group (FHSG).

Bi-monthly meetings – comprising not only representatives of public bodies, but also Citizens Advice, advocacy groups, the banking sector and the courts – trading standards now share information on the level of doorstep crime and scams operating in the

area, plus the perceived impact on the victims, and discuss what the group can do to help the adults involved.

Operationally, our involvement has led to a much greater understanding of the work of trading standards and exposed our regular contact with adults who are more than just witnesses and require more than consumer advice. We now also understand far more, both about the adults we see, and our role in ensuring that they get the help they need.

Officers are now trained in dealing with adults with dementia and Alzheimer’s, which was provided through the cooperative arrangements of the APC, and officers now tackle complaints and investigations in a much more informed way, ge ing what we need to further our enforcement role, but with due regard to the adult and the difficulties they may be experiencing.

This begins when we first talk to the adult: how we talk; take a statement; get the adult to identify who has wronged them; and how we present this information in enforcement proceedings. In understanding the limitations of what we can do for an adult, officers will also make referrals to adult protection professionals where there is a need to do so.

Our experiences of working in this way have been very positive; officers believe that not only are they doing what they need to do from a trading standards perspective, but also that they are playing their part in the coordinated bigger picture of protecting those in our communities that need it most.

August 2015

SPONSORED BY

Academic research

Words. Professor John W Raine Images. Ge y Images Shu erstock

The Great British trade-off Research reveals the

cost of efficiency savings in trading standards

August 2015

25

Academic research

SPONSORED BY

THE RESEARCH HIGHLIGHTED HOW THE STRETCHING OF RESOURCES COULD EASILY DAMAGE EFFECTIVENESS, THAT MANY STAFF NOW FELT THEY WERE SPREADING THEMSELVES TOO THINLY, AND THAT LARGER GEOGRAPHICAL UNITS MADE INCREASING SENSE

One year ago, in July 2014, the Institute of Local Government Studies (Inlogov) at the University of Birmingham was jointly commissioned by CTSI and the Department for Business, Innovation and Skills (BIS) to undertake a six-month research project. It was asked to examine the benefits that trading standards’ work contributes to local and national priorities – and to the public purse – and to build an evidence base on the impact of the budget cuts in recent years, as well as on trading standards’ efficiency and effectiveness, and the scope for improvement in these respects.

The first part of the research involved a survey of trading standards departments across England, Scotland and Wales, which received 127 responses. The second part involved more detailed follow-up work, with 12 departments selected as case studies; four covered the full range of functions being undertaken, while the other eight each focused on a particular function: business advice; food standards; animal health and welfare; product safety; metrology; doorstep crime; age-restricted sales; and e-crime.

Key findings – effects of diminishing resources Over the past few years, almost all trading standards departments have experienced sharp cuts in their budgets, and most now operate with about half the number of staff that they employed five years ago.

26

August 2015

SPONSORED BY

FUTURE-PROOFING THE PROFESSION

Six conclusions were drawn from Inlogov’s research, with a recommendation for each, which are as follows: C RE O

ON

MME

Local authority trading standards services should devise and roll out more campaigning programmes – ideally with the support of national bodies – to raise the public profile of their work, particularly of the contribution it makes to public protection and community safety.

1

costs between different trading standards departments; the figures for Scottish departments are all significantly

authority areas. The costs for some of the UK’s most densely populated centres – or where two neighbouring departments are working together through a shared service arrangement – are among the lowest, suggesting the prevalence of economies of scale.

The contraction in budgets and staffing levels has led to many services changing how they operate and the priorities they work to, as well as reducing their portfolio. This has resulted in many areas stopping various services and initiatives – such as the administration of ‘proof of age’ and ‘approved trader’ schemes – reducing product testing, and conducting fewer enforcement projects.

2

Local authorities should plan budget allocations for trading standards departments on the basis of good information about workloads, performance (efficiency and effectiveness), and the likely outcomes and impact of any proposed changes in provision. Ensuring the availability of such information to all involved in council budget decision-making should be a key responsibility for each chief trading standards officer.

ON

Unsurprisingly, unit costs are highest in less populated and more geographically extensive local

C RE O

MME

those in Wales were also slightly higher.

AT ND I

higher than those for their English counterparts, while

Academic research

AT ND I

There remain, however, some sizeable variations in unit

Despite the potential impact of trading standards services, the research highlighted the relatively weak public profile of trading standards and awareness of its criminal role within local authorities. It was also clear that, in the context of council spending cuts, the relevance of trading standards’ contribution to local authorities’ and elected members’ priorities would be what ma ered most.

Our research suggests that the significant cuts made in trading standard departments over the past five years have too o en been based on monetary considerations – ‘salami slicing’ – rather than on a clear understanding of the performance, outcomes and impact of the work being undertaken.

Generally, there has been a shift from proactivity and

given way to a work pattern that is much more driven by referred complaints from consumers and other intelligence reports.

There has also, inevitably, been much loss of expertise and experience through voluntary redundancy programmes, with most departments having reduced

August 2015

Given the prevailing uncertainty about the value of routine inspections in trading standards, and the dearth of reliable and comprehensive evidence in this respect, a national project should be commissioned to sample and measure levels of compliance with legislative requirements across the range of trading standards activities. This might be undertaken in a single week and, ideally, would be repeated each year to enable the compilation

ON

to check compliance levels among businesses has largely

C RE O

3

MME

The tradition of routine inspections and sampling work

AT ND I

prevention to a more reactive and responsive approach.

27

SPONSORED BY

Many trading standards officers who we interviewed indicated that the reduction – and, in many cases, near withdrawal – from routine inspections, was facilitating an increase in compliance problems, and that improved intelligence systems were really only helpful a er problems had begun to show themselves. So, it would seem helpful to establish a process of sample surveys of compliance levels to be be er informed as to the scale and nature of the challenges to be prioritised.

THERE HAS BEEN A SHIFT FROM PROACTIVITY AND PREVENTION TO A MORE REACTIVE AND RESPONSIVE APPROACH

resilience, with staff becoming less specialised and working more flexibly together.

A combination of the above has led to a relatively

C RE O

As discussed above, information on outcomes and impacts is patchy, and much of the evidence examined in the research was anecdotal or intuitive. Departments need to collect data not only on consumer detriment and the financial value of any remedies achieved through interventions on behalf of complainants, but also on the o en significant non-financial benefits. This would include preventing or reducing antisocial behaviour, physical harm or psychological detriment that can accompany consumer problems. A ributing a value to such non-financial detriment would, inevitably, be much more challenging.

Authority work and the provision of professional

ON

The departments for Business, Innovation and Skills (BIS) and for Communities and Local Government (DCLG) should collaborate with CTSI on a project to devise a national framework to measure outcomes and impact, covering the range of trading standards activities. They should also propose an appropriate framework for data collection and reporting on a national and local basis.

weak – and probably diminishing – profile of trading

4

MME

AT ND I

Academic research

of a growing database of pa erns and trends.

This would then ensure that the outcomes and impact of trading standards interventions are be er understood, and that calculations of the benefit-cost ratios could be made for each of the activities.

standards, both within the public eye and within the local authority context.

In such circumstances, it was no surprise to find that departments have taken a range of approaches to achieving greater efficiency and effectiveness, including: service changes; redefined job roles; implementation of new ways of working; more partnership working; adoption of an intelligence-led model; and greater focus on income-generating activities, such as Primary metrology services to businesses.

Collaborative working is increasingly a key mode of operation for trading standards departments; 80 per cent of survey respondents said their department was working collaboratively either with another trading standards department, regional and/or sub regional services, and/or with another partner, including from the private sector.

The drivers behind collaboration were cited as a combination of making efficiencies and cost savings, sharing intelligence and skills, and securing service resilience. However, the survey also highlighted barriers to ongoing collaboration, including local politics, resource constraints and the differing priorities of other

C RE O

ON

5

MME

Local authority trading standards departments should give careful consideration to the advantages and disadvantages of different organisational models for the future of trading standards provision, including: shared service arrangements with neighbours; working in wider regional groupings for certain specialist functions; working with private-sector service providers AT ND I

28

agencies and councils.

The research also highlighted a shift in focus from vital – but background and low-profile – regulatory activities, such as checking weighing equipment, analysing food samples, and testing the safety of products, to more publicly visible responsibilities that directly address contemporary community concerns.

August 2015

For example, protecting the vulnerable from rogue traders, scams and doorstep crime, and contributing to other public health and social issues, such as alcohol and substance abuse. The two most commonly cited priorities for trading standards departments in 2014-15 were doorstep crime and tackling underage sales.

Your Connection

Academic research

SPONSORED BY

There was also a clear trading standards’ commitment to providing business support to facilitate compliance; departments are using a range of proactive and information-based methods through which to do this.

However, most respondents to the survey said that resource constraints meant they could no longer keep in regular contact through visits, as they might have done in the past.

Assessing the value of trading standards interventions We used a logic model to frame our analysis and assess the value of trading standards activities. A typical logic model, as set out below, was used with each of the 12 case studies toActivities better understand Inputs Outputs the process Outcomes and value Impactof trading standards interventions.

Although all the case-study departments were able to provide data in relation to inputs, activities and outputs,

August 2015

Trading Standards • Police • Environmental Health • Animal Health Kenyon Block Consultants Specialist Recruitment

29

Academic research

SPONSORED BY

the issues of outcomes and impact proved much more difficult. Understanding of outcomes and impact was anecdotal and patchy, and most of the available measures routinely being reported upon through departmental performance management systems were generalised, in the form of consumer and customer satisfaction polls.

That said, from our assessment of available data it seemed abundantly clear that measured outcomes – together with prospective impact – would probably greatly exceed the direct costs involved in most fields of trading standards activity. However, it was concluded that departments do need to prioritise the compilation of much better quantitative and qualitative information about the economic, social and environmental benefits that derive from their interventions. This seems especially important in the current context of financial austerity and

or buying-in services from other councils/ agencies; and alternative funding options, such as making joint appointments and secondments with other agencies.

Trading standards departments have greatly improved their efficiency through an overall reduction in costs and a reduction in senior posts, and by focusing on high-priority services, including responding to intelligence and consumer complaints, with less emphasis on proactive, inspection work. However, the research highlighted how the stretching of resources could easily damage effectiveness; that many staff now felt they were spreading themselves too thinly; and that larger geographical units – achieved through partnerships and mergers – made increasing sense as the way forward in many parts of the country. In this respect, the research findings support CTSI’s vision for a new structure for trading standards delivery in the UK.

annual pressures for budget cuts.

C RE O

ON

Local authority trading standards departments should ensure that the pursuit of corporate performance targets – particularly in these on-going challenging financial times – does not unduly conflict with the important goals of supporting and facilitating professional development, and nurturing commitment among staff through the encouragement of initiative-taking and the sharing of ideas about how best to promote fair and legal trading, providing be er public protection for all.

6

MME

AT ND I

Copies of the research report, The Impact of Local Authority Trading Standards in Challenging Times, by John Raine, Catherine Mangan and Peter Wa , of the Institute of Local Government Studies, University of Birmingham, can be downloaded from www.gov.uk/government/publications

In challenging times, it is particularly important, perhaps, that trading standards officers remain empowered to apply their experience and to follow their professional judgements in the planning and prioritisation of their work and time. Trusting experienced officers to know best where to look, what to look for and how best to respond to the compliance problems they encounter, is also vital in retaining morale and motivation within the profession.

John W Raine is professor of management in criminal justice at the Institute of Local Government Studies, University of Birmingham.

30

In this respect – although it was only one small example – the research team was particularly inspired to learn of one department’s ‘do what you want day’. Held each year, this initiative encourages each officer to be guided by their professional knowledge and instincts in choosing to investigate whichever aspect of trading standards activity concerns them and strikes them as worthy of further investigation. With resources tight and workload pressures rising, the endurance of such a creative initiative is as inspiring as it will be worthwhile.

KENYON BLOCK Consultants Specialist Recruitment

Tel: 020 8360 7289 www.kenyonblock.com

Associate Member of Chartered Institute of Environmental Health

Game of chance A lack of regulation in the online ‘non-advice’

annuity sector sees consumers making irreversible mistakes with their pension pots

32

You could be forgiven for thinking that annuities are old hat, given that the pensions reform introduced in April 2015 intends to take away the obligation to buy an annuity.

But they are very much still part of the mix. Sales may be

Pensions

Words. Liz Barclay Images. Shu erstock

down since April but, for many people, annuities will still be the best choice for generating a retirement income to boost their state pension. Britain’s large annuities market is the main means by which people turn their defined contribution (DC) pension savings into retirement income.

The annuities market has changed in recent years.

Increasingly, insurance companies offer annuity incomes that are ‘enhanced’ to reflect more accurately the buyer’s state of health. If your life expectancy is limited, you can often get more income each year than you would have done if you were healthy. Annuities also guarantee you an income for life – no matter how long that life might be.

However, from a consumer perspective, annuities are complex and customers often don’t buy the right one because professional advice is hard to find. Increasingly, retirees are buying annuities online through ‘non-advice’ (unregulated) websites and often making irreversible mistakes that will affect them for the rest of their lives.

About 18 months ago, the Financial Services Consumer Panel researched the annuities market and customers’ experiences of it, and found that it didn’t work for the majority of consumers. The panel recommended urgent regulatory and government-led structural reform.

The 12-month study included a literature review and three separate pieces of independent research. It uncovered evidence of a complex market that was failing to deliver good outcomes for many people. At that time, 400,000 annuities were being sold each year.

Before the reforms were announced it was expected that that figure would rise as people joined the autoenrolment scheme. As this encourages increased pension saving, more people are expected to reach retirement age with some pension savings. In light of its findings, the panel urged the government, the regulator and the Money Advice Service to take steps to make the market work better (see box, ‘The panel’s recommendations’).

33

Pensions

There are many barriers inhibiting consumers’ full engagement in converting their hard-earned pension pot

cost of a full-scale search and – above all – complexity.

There is no reason to believe that anything has changed.

The panel found that complexity is systemic. The

into retirement income: low financial capability; fear of product complexity and of making an irreversible, high-

website research revealed a lack of clarity about charges,

cost mistake; general distrust of professional advisers; and

the difference between the protection offered through

an inability to find appropriate advice at an acceptable cost.

advice and non-advice routes, and the extent to which

These barriers mean thousands take the easiest route

searches for quotes covered the whole, or only part, of the

and buy an annuity from their pension provider. This was

market. Some people buy their annuity from their pension

rife in 2013 when the panel did its research.

provider for good reasons, others do so because they have

‘Rollover annuities’, as they are known, may mean

not shopped, or shopped diffidently – deciding to play safe.

As one respondent said: ‘I found a lot of confusing sites.

individuals aren’t getting the best deal. The panel found concerns that insurers’ profits on their rollover annuities

I thought it [buying an annuity] would be like confused.

might be excessive. Conventional wisdom that annuities

com, but I was bombarded with calls. If I’d found a decent

provide value for money is open to question, not least

website I might have kept going, but I got fed up with it.’

People who shop around are looking for help. Many

because academic research into ‘money’s worth’ is based on open market rates and does not take account of rollover

don’t actively seek non-advice services, they use them

rates, which appear significantly lower in certain cases.

because these are the ‘shops’ open for business. They may

Moreover, experts say rollover annuity rates frequently embed the equivalent of a non-advice commission, payable

not check the small print that mentions ‘this is not advice’ or, if they do, they don’t understand the ramifications.

By taking responsibility for buying the annuity – or

by the unwary rollover annuitant. Oversight of the rollover market by the regulator appears to be extremely weak.

If you do decide that an annuity is right for you, you

any retirement income product – yourself, you forfeit the right to valuable consumer protection services. It’s a bit like

don’t have to buy a rollover annuity. You have the right to

buying a flight online from the airline and booking a hotel

shop around – the open market option. It’s been around for

direct, too. If things go wrong you don’t have the protection

a long time and there is a growing awareness of this right.

you would have if you bought a package holiday.

Most people are unlikely to apprehend fully the quality

About half of annuity buyers, prior to the pension reforms, had started to look elsewhere. Many of those didn’t take

of rival, non-advice services, arising from the use of tied

financial advice and bought their annuity through websites,

agents, restricted or broad panels and whole-of-market

but that option doesn’t always deliver the best result either.

quotations. There are firms of advisers that offer a ‘straight

The research also found there was a significant number

through’ service online that leads to buying an annuity.

of people who started to search for an annuity, only to ‘shop

Other firms act as ‘introducers’. Their regulatory status

but stop’ – put off by information overload, the perceived

and true identity is frequently unclear, as is their location.

THE PANEL’S RECOMMENDATIONS The FCA should: • Embody in regulatory rules

and mandatory standards the equivalent of a code of conduct for the non-advice market, which emphasises the need for high professional standards, the transparent disclosure of charges and a clear explanation of the implications of nonadvice for consumer protection

34

• Address the causes – including

light-touch regulation and nontransparency of commission – of the current regulatory arbitrage in which non-advice services are expanding at the expense of the professional advice market

The Money Advice Service should: • Develop an annuity adviser

website (which it has now done)

The government should: • Require employees and

trustees to establish a non- advice service for members of workplace pension schemes, and make sure this adheres to the code of conduct

Consumers often do not appreciate that an actual purchase

Pension liberalisation and unregulated annuities will leave all consumers – not just those defined in law as ‘vulnerable’ – open to financial abuse, according to CTSI lead officer Brian Smith. And the harm caused by organised crime gangs pressuring people to invest their pensions in unsecured and unregulated products may not be known for at least a decade, when pensioners try to draw on worthless investments.

would be with a firm they have had no contact with.

Smith, lead officer for crime and disorder, says scams in the unregulated annuities and investments markets could run into trillions of pounds. Under the Consumer Protection Regulations, definitions exist for an ‘average’ and ‘vulnerable’ consumer but, according to Smith, for complex products such as annuities, these very definitions need reviewing at European level.

services in the non-advice market, where firms put the

Smith says: ‘Our conventional concept of a vulnerable consumer does not hold up well in an area of investment such as annuities. Most people fall into this category of unsophisticated consumer because of the complexity of what they’re being expected to understand. I think this is a major challenge for trading standards. There is legislation that can help, but we are dealing with complex products.’

the protection that regulated advice carries. The chances

He compared the scale of the problem to PPIs ‘multiplied by a factor of 10’, adding that pension fraud before deregulation currently stands at about half a billion pounds.

There is evidence of poor conduct – persistent unsolicited emails and telephone calls – allied to light

Pensions

THE TRILLION POUND PROBLEM

regulation. Unprofessional and intrusive behaviour can deter consumers from continuing their open market search.

Many advisers prefer non-advice because they need to deliver efficient services for smaller pots. However, advisers also have a preference for commission – still permitted for non-advice services but banned for advised sales – and for the lighter regulatory regime, under which advisers take no responsibility for the suitability of sales.

The panel’s research did find examples of high quality consumer’s interests first. However, the many examples of poor practice mean the general outcome for consumers can be a lottery. This was worrying when annuities were the only product on offer, but in this new world of ‘pension freedom’, the increase in non-advice sales could result in even more expensive mistakes, with no recourse to redress.

The panel feels that consumers are unlikely to drive effective competition in the retirement income market.

Although more buyers are shopping around, they are making decisions in a complex marketplace, often without of mass consumer harm are, in the panel’s judgement, too high to trust to current market-driven solutions alone.

For all these reasons the panel called for urgent reform of the market for unregulated sales – the so-called ‘non-advice’ market. The panel’s recommendations were intended to make choosing the right annuity, or other retirement income product, more straightforward.

Pension reforms that came into force in April 2015, changed everything and the market is yet to settle down.

Consumers now have more complex choices, and the service to help them – Pension Wise – is yet to prove itself.

The panel is still pushing for the introduction of a code of conduct for non-advised sales, but the industry and the Financial Conduct Authority are struggling to keep up with the extent of the changes, and a code of conduct for nonadvised sales seems far down the list of priorities.

And we still have the sale of existing annuities to look forward to…

Liz Barclay is a broadcaster and journalist, and an honorary member of CTSI.

35

SPOTLIGHT DUNCAN SELBIE

36

Human right As the nation’s health reaches crisis point, Duncan Selbie sets out the beginnings of a plan that will see local government – including trading standards – play a significant role in improving health

Words. Carina Bailey Images. Rory Lindsay

37

Spotlight

Our kids are getting fatter, more people than ever before are developing life-threatening diseases like diabetes and cancers, and science tells us that our diet and lifestyles are at fault. Now, the finger of blame is pointing firmly at sugar – the new tobacco of the food industry. But there is even more at play than that, says Duncan Selbie as we share a coffee in his glass office, which overlooks the Shard in London.

‘It’s the economy, stupid!’ The chief executive of Public Health England (PHE) smiles as he borrows the old Bill Clinton quote. ‘Economic development improves the health and wellbeing of people.’

According to Selbie, social determinants are the main influencers on people’s health. These are the conditions in which people are born, grow, work, live and age, and the wider set of forces and systems shaping the conditions of daily life. These include economic policies and systems, development agendas, social norms, social policies and political systems.1 This new field of research has found that the most important contribution to an adult’s health – and thus for their children’s wellbeing – is to have a decent job. ‘If you don’t, your health suffers,’ says Selbie. Even in the poorest households, children do better all round when the adult is in work, particularly in education and attainment.

The future’s now Just 50 years ago, the big killers were infectious diseases, which were treated by providing clean water and mass immunisation programmes. Today, people are living with

that makes us smoke, and drink and eat unhealthily? Crucial

conditions that used to kill us, such as heart disease,

factors must be having no job, and living in poor conditions

long-term respiratory problems and diabetes.

or in isolation. Selbie explains: ‘Having [a job] to complain

‘We have, as a nation, a huge threat in our population’s health,’ warns Selbie. ‘We’re no longer thinking about the

have something meaningful to do. It’s also important to have

future – we’re already in it.’

enough to live on and someone to care about, and someone

According to Selbie, we’re only just beginning to understand the importance of health prevention – despite

to care about you, too.’

According to Selbie, people need these things to be

the evidence being around for some years – and he says the

healthy – and we’ve been so busy watching the outcomes

answer cannot simply be to invest more money in the NHS.

that we’ve taken our eye off the cause.

It is now largely accepted that only 10-20 per cent of what the NHS does matters to public health, as shown by

How to start a revolution

examining two important measures: the length of life and

Despite being at the helm of an organisation whose remit is

life in good health – which, says Selbie, means 80 per cent is

to look after the nation’s health at a time when it is looking

to do with ‘other stuff’.

so desperate, Selbie sounds remarkably upbeat.

This ‘other stuff’ can largely be attributed to five leading

38

and moan about, it’s a human right; to get out of bed, to

‘We are at the outset of a health revolution and what’s

‘threats’: tobacco, raised blood pressure, diet, inactivity and

driving it is our understanding,’ explains Selbie. ‘People

alcohol. Nowadays, we know that smoking kills. We realise

are seeing it now – they can see this image of a line of

drinking excessively raises the risk of developing liver

schoolchildren of whom one third are overweight; one fifth

disease and cancers and we’ve become aware that obesity

of five-year-olds are overweight and that figure becomes

can increase the risk of developing cancers. So what is it

one third at 11. It’s extraordinary.

August 2015

on each and every occasion says he has heard the same story: how they’re creating new jobs, improving school attainment and diversifying their area’s housing stock to create a great place to live, work and visit.

Spotlight

THE NHS IS FABULOUS AT DEALING WITH CONSEQUENCES BUT IT CAN’T MAKE YOU WELL

‘Everybody is now paying attention to this,’ says Selbie. And they might just be in the nick of time, if his next statement is anything to go by: ‘The NHS needs the cavalry to arrive. The consequences of treating diabetes is unaffordable. We already spend £10bn a year and that’s going to increase by billions.’

He adds: ‘The normal citizen is living longer in poor health. The NHS is fabulous at dealing with the consequences, but it can’t make you well.’

While life expectancy has increased over the years, there it’s still up to 15 years lower in certain areas of the UK. ‘It’s not enough to know what the evidence is saying

‘Where you are born is the most important determinant

or to be right, if you don’t have the consent of the people.

for how long you live, so it can’t be about health care,’ says

It took 20 to 30 years of understanding and 100,000 voices

Selbie, considering the investment that has been made in

to say, actually, we’d better do something about smoking.

the NHS in that time.

These things take time.’

Without Selbie’s so-called revolution, by 2030 a third

For him, it’s about ‘finding alternatives to becoming ill in the first place, by investing in our infrastructure, making

of the population will be obese. ‘Fifteen years is nothing.

improvements in our schools and our housing and in our

We know that one-third will have type two diabetes, and

employment opportunities around the country, so we can

one-third will have dementia. What we’re trying to work out

get in there before it’s all gone wrong’.

now,’ adds Selbie with a twinkle in his eye, ‘is will it be the same individual?’

Turning abruptly serious, he says: ‘We can no longer think about body parts and conditions. We need to think about people.’

Selbie believes local government is the perfect unifier in creating the right conditions for health. He argues this

‘What we are finding in PHE is that narrative backed up by science,’ enthuses Selbie. ‘This is how we go about improving the health of the people.’

As well as understanding starting to dawn, he thinks the increasing evidence that sugar is the new ‘poison’ will help drive the revolution, too.

because it has responsibility for economic development and

A ‘sugary’ issue

for the creation of good jobs; for providing decent places

Each Briton consumes at least a third more sugar each day

to live and – since 2013, when the Health and Social Care

than is currently recommended, and for teenagers it is

Act came into force – a responsibility to improve people’s

double. One of the leading causes of this intake is excess

health. Working alongside GPs, says Selbie, will make them

sugar in drinks, but the problem is much more widespread,

a tremendous force for good.

says Selbie: ‘Free sugar is present in pretty much all

There are other reasons to be upbeat, too; since Selbie

foodstuffs now. As the public have become more aware of

became chief executive of PHE two years ago, he has made

fat, a lot of low-fat products have come to market and most

no fewer than 130 visits to local authorities in England, and

of this fat has been replaced by sugar.’

August 2015

39

Spotlight

He says one brand

and what people are

of granola bar has the

eating. Shouting, scaring

equivalent of up to 33

and blaming won’t

lumps of sugar in it, and

change behaviour, but

yet the packet clearly

helping people to have a

states: ‘No added sugar.’

say over how many [fast

This leaves people

food] shops there are and

confused about what

where, and creating more

constitutes a healthy

awareness and concern

option. To try to combat

among retailers, will.’

this issue, PHE has

Selbie believes

been working on an

trading standards and

evidence review and

environmental health

has a prototype app in

officers have their part

development, designed to

to play in making a

see how much sugar (total

difference, while an

sugars) is in a particular

organisation like the NHS

product.

needs to review its own

PHE’s evidence

nutritional standards to

report on sugar – which

set a good example.

was expected to be

When I ask if the

submitted to ministers

opportunity could

for consideration as

create extra funding

TS Review went to press

for trading standards,

– will look at the ways

Selbie answers: ‘There’s no blank cheque, but trading standards – and a range of other essential frontline

I HAVE SPENT TIME WITH TRADING STANDARDS AND IT’S BREATHTAKING WHAT THEY DO

services – are more than regulators, they keep the country safe. I have spent time with trading standards and it’s breathtaking what they do. I have got no difficulty with this at all: I want to collaborate, honour and respect what trading standards offers.’

He adds: ‘When we are clear what it is we are saying, we think trading standards will want to play its full part, ensuring that the standards are what the public expect,

in which we can consume less sugar in our diets. Current

and is actually what is happening [on the ground]. I’d love

guidance has been around for 18-20 years and advises

to further the conversation with trading standards about

that people shouldn’t take more than 10 per cent of their

what that might look like.’

nutrition from free sugar. Selbie expects science will lower this recommendation to five per cent later this summer.

To lower consumption levels – which can be as high

addressed – for three reasons: the NHS has already started

as 30 per cent – to a much safer five per cent per day,

investing in its staff’s health; the anticipated obesity

availability, accessibility, price and advertising all need

strategy from government; and devolution to local councils

to be addressed. A new cross-government strategy on

in England. Selbie concludes: ‘This is a story we want to

obesity – expected later this year – will have implications for

see deepen. It’s not a today and tomorrow thing, it started

transport, education, retailers and manufacturers, as well as

yesterday, but it will take time.’

parents and individuals.

‘I’m not blaming parents,’ stresses Selbie. ‘There’s a direct correlation between the density of fast food outlets

40

Selbie believes it will take up to 18 years to improve public health, but he is confident the issues will be

References: 1. This definition of social determinants of health was taken from www.who.int/social_determinants/en.

August 2015

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

Consumer Rights Act 2015 Part 2 A brief overview of investigatory powers

From October 2015 – assuming the Consumer Rights Act comes into force fully, as predicted – officers will no longer use the investigatory powers contained within specific acts

CPPD

Words. Sylvia Rook Images. Shu erstock

or regulations, but will have to use the powers contained within Schedule 5 of the Consumer Rights Act 2005.1 When using any power of entry, officers should also continue to be mindful of the Home Office Code of Practice on Powers of Entry under the Protection of Freedoms Act 2012.

Summary – investigatory powers, Schedule 5 Enforcers are likely to use investigatory powers in the following situations: 1. Without entering the trader’s premises 2. When entering the trader’s premises and acting as a consumer 3. When entering the trader’s premises to carry out inspections or investigations 4. When working outside the local authority area

Powers without entering premises The powers contained within Part 3 of the Schedule (paragraphs 14-17) effectively reproduce the powers contained within section 224-227F of the Enterprise Act 2002, enabling an enforcer to issue a written notice to

August 2015

41

CPPD

SPONSORED BY

a ‘person’ – an individual or company – requiring the production of information, which is equivalent to a notice under section 225 Enterprise Act 2002.

Information provided in response to a written notice cannot be used by the prosecution in criminal proceedings against the person on whom the notice was served, and no questions may be asked by the prosecution of that person – although this does not apply where the defendant adduces the evidence in proceedings themselves. Neither does this restriction apply to information produced by third parties, such as experts, witnesses and financial institutions.

Powers when entering a trader’s premises and acting as a consumer The Act allows an enforcer to do whatever a consumer can do in a trader’s premises. The officer can: • Enter any premises to which the public has access at any reasonable time • Inspect any product that the public may inspect • Make a purchase of a product or place an order • Observe the carrying out of a business No notice is required to be given in the above circumstances, and no warrant is needed. Officers should, however, be mindful of the Regulation of Investigatory Powers Act 2000 (RIPA) – and its Scottish equivalent –

of the Regulation on Accreditation and Market

PACE Code B, and the limitations on the use of

Surveillance, and the entry is for the purpose of

investigatory powers set out in the Protection of Freedoms

market surveillance within the meaning of Article

Act 2012 when undertaking planned activities.

2(17) of that regulation 2

Powers when entering premises to carry out inspections or investigations To carry out a ‘routine inspection’, the enforcer must give – or send – to the occupier a written notice of intention

The written notice must be given – or sent – to the occupier of the premises, and must: • Set out why the inspection is necessary • Indicate the nature of the offence of obstruction under paragraph 36

to exercise the power of entry at least two working days

Even if the inspection is not ‘routine’, once on the premises

before entry occurs. Paragraph 23(6) clarifies what is meant

the officer is required to provide a notice to the occupier(s),

by a routine inspection by explaining when a notice is not

with a document that provides the same information

required – that is, in the following circumstances:

as above. The officer must also produce evidence of his

• If the occupier has waived the requirement to give notice

identity and authority to the occupier, unless it is not

• If there is reasonable suspicion of a breach of the enforcer’s legislation

that a failure to give the above notices will not invalidate

• If the officer reasonably considers that giving a notice would defeat the purpose of the entry

evidence obtained, but the officer is likely to be questioned

• If it is not reasonably practicable in all the circumstances to give a notice – for example, there is an imminent risk to public health or safety

42

• If the enforcer is a market surveillance authority within the meaning of Article 2(18)

reasonably practicable to do so. Paragraph 23(10) states legal proceedings, and will not automatically exclude any as to the reason for a failure to comply.

Once on site, the officer has the power to inspect products, test weights-and-measure equipment – provided he has the necessary qualification – require the production

August 2015

SPONSORED BY

So why 36?

of documents, and seize and detain goods and documents, with the power to break open containers if necessary (see paragraphs 25-31). These powers do not apply to any premises used ‘wholly or mainly as a dwelling’.

If required, an officer can apply for a warrant under Paragraph 32, provided the required conditions are met.

Powers when working outside the local authority area Paragraphs 44 to 46 make it clear that enforcers can investigate, and take civil or criminal proceedings, outside their local authority area. Businesses have the following rights under Schedule 5: • Access to seized goods and documents • Notice of testing of goods when proceedings or restriction notices result from the testing • Appeal against detention of goods or documents • Compensation for loss or damage in specified circumstances

• Established track record in trading standards and authors of the Jordan’s publication ‘Consumer & Trading Standards Law and Practice’, presenters to the CTSI & Brands • A specialist legal team of Barristers in the UK, with directory recognised expertise to cater for both Criminal and Civil actions within trading standards and brand protection • Our clients gain access to a free archive of legal updates and written articles • Free access to the 36Consumer annual training program held at our London office • Set fee products designed to help manage your legal spend • A direct line of communication to our team of Barristers ready to consult on initial enquiries and advise from the most preliminary stage of assessment through to prosecution/ civil litigation in areas such as: • The Consumer Protection from Unfair Trading Regulations 2008 • The Business Protection from Misleading Marketing Regulations 2008 • IP • Food Labelling and Safety • Product Safety • Animal Health and Welfare • Environmental Trading Standards • Age Restricted Sales • Fraud and Fraudulent Trading • Money Laundering and Confiscation • Conspiracies • The Enterprise Act 2002 • Consumer civil proceedings • Consumer Rights Act Our Practice manager – Chris Lane would be happy to meet you to discuss the specific requirements of your team T: 0207 421 8020 E: chris@36bedfordrow.co.uk M: 07879 457 760 W: www.36bedfordrow.co.uk & www.brandlawyers.co.uk

• Automatic exemption from keeping records for certain packers of bread

Repeals, revocations and amendments Schedule 6 lists the amendments to primary legislation,

August 2015

43

CPPD

SPONSORED BY

where powers are removed from existing legislation.

Secondary legislation will be amended by statutory instruments, which are yet to be drafted.

This article can only give general guidance on officer powers. Officers are advised to read the legislation and the Department for Business, Information and Skills’ Guidance for Businesses on the Consumer Rights Act 2015 (May 2015).

Sylvia Rook is CTSI’s lead officer for fair trading.

References 1 The Act applies the Department for Business, Innovation and Skills-led legislation (covering fair trading, safety and metrology). Legislation covering food, feed and animal health legislation is outside the provisions of the Act. 2 Article 2(17) and 2(18) of the Regulation on Accreditation and Market Surveillance (EEC 339/93).

Article 2(17). ‘Market surveillance’ shall mean the activities carried out and measures taken by public authorities to ensure that products comply with the requirements set out in the relevant community harmonisation legislation, and do not endanger health, safety or any other aspect of public interest protection.

Article 2(18). ‘Market surveillance authority’ shall mean an authority of an EU member state responsible for carrying out market surveillance on its territory.

AUGUST

MODULE CONSUMER RIGHTS ACT – PART

44

1. You wish to visit a trader who has no retail premises, but trades from his home. Can you enter the house to carry out an investigation without having to obtain a warrant?

a new shop has opened next door, which is not on your trader database. Do you have to give two days’ notice before going into this shop to have a look round?

2. You are carrying out a food inspection at a retail premises when you see that they are also selling counterfeit cigareÂ?es. Do you have to leave and re-enter the premises?

6. You posted notice of your intention to enter a premises, but – when you turn up – the trader says he never received it. Can you still enter the premises?

3. You are investigating an offence commiÂ?ed by a branch of a major retail chain and wish to obtain documents from head office.

As the company representative refuses to aÂ?end an interview, you interview in writing, requesting various documents. Can you use this information as evidence in criminal proceedings?

7. You have given notice at least two days before entry but, when you arrive, the owner is not present, and the shop assistant knows nothing about the visit. Do you have to go away and return when the owner is present?

4. You have requested financial records from a bank as part of an investigation against a doorstep trader. Can this information be used as evidence if it has been obtained remotely?

8. You have intelligence that a man in a white van has been selling counterfeit vodka to shops in your area. You do not know which shops have bought the vodka, so you have no reason to suspect an offence by an individual store. Do you have to give at least two days’ notice before visiting the shops?

5. You have been visiting a local trader, having given at least two days’ notice, when you see

Applicants who complete the module successfully will be given a certificate. The test must be taken before 23 October 2015.

August 2015

Module 2 answers: 1. No 2. No 3. Yes 4. No 5. Yes 6. Yes 7. No 8. No

Boost your personal and professional development by completing this short questionnaire – worth one hour of CPPD – by answering the questions listed below at www.tradingstandards.uk/cppdtest

THE CONSUMER RIGHTS ACT EVERYTHING YOU NEED TO KNOW A CPD training session by 36 Bedford Row

Wednesday 7th October 2015, 5.30 pm at 36 Bedford Row, London, WC1R 4JH The background: Described by the Government as "the biggest overhaul of consumer rights in a generation," The Consumer Rights Act 2015 will introduce a range of new rights for consumers and should make it easier for people to understand their rights and challenge bad practice, both privately and with the assistance of enforcers.

The event: This seminar will outline the major changes implemented by the Act and offer insight on how the changes will work in practice. It will focus on the following matters in particular:

• • •

Powers of enforcers Enhanced consumer measures Unfair contract terms

Who should attend?

The seminar is likely to be particularly useful for TSO's and their respective in-house legal teams, but will benefit any solicitor seeking to advise their clients on: • Compliance • Possible causes of action • Liaison with Trading Standards How to book your place: To book your place at the seminar, please contact: Chris Lane - Civil Practice Manager on 0207 421 8020 or e-mail chris@36bedfordrow.co.uk The seminar carries 1 CPD point & will be followed by a drinks reception in Chambers

From the Bar

Safety first The Care Act 2014 is a significant step forwards in helping trading standards protect vulnerable adults

The Care Act – parts of which came into force on 1 April 2015 – is designed to replace the labyrinthine set of rules that has built up over the decades governing adults in need of care and the people who care for them. It is also intended to ensure consistency of approach at a local level. Funding arrangements for care have been

Trading standards departments have long focused on

overhauled: the threshold for determining who is eligible

protecting vulnerable adults from unscrupulous trading

for state-funded care will be raised significantly; a cap

practices and abuse by those who seek to take advantage

of £72,000 will be introduced on the maximum amount

of their vulnerability. The Care Act 2014 represents a call

that a person can be required to spend on their own care;

to arms for all professionals in bringing together shared

and a right to deferred payment will ensure that nobody

experience for tackling these invidious practices.

is required to sell their own home during their lifetime

The Care Act is the most significant reform to the

to fund their care. The act also strengthens the rights

provision of adult care in the 70-year history of the

of carers, requiring the local authority to protect their

post-war welfare state. At the heart of the act is the

wellbeing, as well as those they care for, and to provide

guiding principle that when carrying out its care and

them with support where needed.

support functions in respect of a person, a local authority empowering the individual to make decisions about

A new approach to care and support services

their own care, and protecting them from abuse and

The act signifies a shift away from existing duties on

neglect. Importantly, protection from abuse should not be

local authorities to provide particular services, towards

seen as the remit of any one organisation or individual.

the concept of ‘meeting needs’. This recognises that

The act requires that all professionals play their part in

everyone’s needs, are different and personal to them.

preventing, identifying and responding to abuse.

Local authorities must consider how to meet each person’s

must act to promote their ‘wellbeing’. This includes both

46

What is the Care Act?

August 2015

Words. Chris Du Boulay, Eloise Emanuel Images. Shu erstock

47

From the Bar

specific needs rather than simply considering what service they will fit into. The concept of meeting needs recognises that modern care and support can be provided in any number of ways, with new models emerging all the time.1 This approach requires that a local authority facilitates access to a far wider range of services than it may have done in the past. Individuals must be given sufficient information and support to choose the care services that fulfil their needs. The statutory guidance issued by the Department of Health is clear that these should be widely drawn: ‘It is important that people are allowed to be very flexible to choose innovative forms of care and support, from a diverse range of sources, including quality providers but also “non-service” options such as Information and Communication Technologies (ICT) equipment, club membership, and massage… While many authorities may choose to operate lists of qualityaccredited providers to help people choose – for example confidence’ approaches – the use of such lists should not

Trading standards’ duties in safeguarding adults

be mandated as the only choice offered to people. Limited

The Care Quality Commission, set up in 2009 to regulate

lists of ‘prescribed providers’ that are only offered to the

and inspect health and social care services in England,

person on a ‘take it or leave it’ basis do not fit with the

clearly has a key role to play in preventing poor care,

government’s vision of personalised care and should be

abuse and neglect. Local authorities must also lead on

avoided.’ 2

safeguarding issues. However, the guidance makes clear

some authorities include trading standards-style ‘buy with

Recent research by the Institute for Public Policy

‘Workers across a wide range of organisations need to be

councils now allow care users to search for, and purchase,

vigilant about adult safeguarding concerns in all walks

care services via ‘Amazon-style’ e-markets.3

of life including – among others – in health and social

While a more open marketplace carries with it

care, welfare, policing, housing, banking, fire and rescue

significant benefits, a move away from accredited

services and trading standards; leisure services, faith

providers involves a risk that vulnerable adults will be

groups, and housing.’ 4

exposed to organisations delivering a poor standard

48

that responsibility for this does not lie solely at their door:

Research (IPPR) think-tank found that around a quarter of

Abuse can take many forms and could include physical

of care, or who engage in unfair trading practices. It is

abuse, domestic violence, sexual abuse, psychological

fundamental to the success of the new approach that

abuse, modern slavery, discrimination and neglect. Of

robust procedures are in place to ensure abuse of the

particular relevance to those working in trading standards

vulnerable does not occur, and that where it does, it is

will be the possibility of financial abuse, including theft,

quickly identified and remedied.

fraud and sharp-selling practices.

August 2015

The statutory guidance states that all organisations should have adult safeguarding policies and procedures in place. These must be communicated to members of staff at all levels so that they know what to do where they suspect abuse. It also recommends that a ‘lead’ for adult safeguarding be appointed.

From the Bar

LOCAL AUTHORITIES MUST ALSO LEAD ON SAFEGUARDING ISSUES. HOWEVER, THE GUIDANCE MAKES CLEAR THAT RESPONSIBILITY FOR THIS DOES NOT LIE SOLELY AT THEIR DOOR

Raising public awareness so that communities as a whole, alongside professionals, play their part in preventing, identifying and responding to abuse and neglect is also key.6 Well-designed information campaigns can help people identify when their friends and family may have been the subject of financial or other abuse.

The Care Act requires that local authorities set up safeguarding adult boards (SABs), which have the objective of assuring themselves that local safeguarding arrangements and partners are acting to help and protect those at risk of abuse.7 The SAB has a strategic role in bringing together different expertise, facilitating As local authorities expand the use of care e-markets

information sharing and advising on how to improve

– which enable carers and care users to search for and

safeguarding mechanisms. There are certain organisations

purchase case services – trading standards professionals

that must sit on the SAB, but other relevant agencies

will want to ensure that these are not used as a means

such as trading standards should also be invited to

of gaining access to vulnerable consumers, and that

participate where appropriate.8 Given the many years

good feedback systems are built in to ensure that those

of experience that trading standards bring to protecting

providing poor quality services are detected.

vulnerable consumers, trading standards professionals

Effective communication between agencies is essential

will no doubt be considered as a welcome addition to any

to safeguarding. Serious case reviews frequently identify

safeguarding team.

failures between safeguarding partners to communicate

References 1. Care and Support Statutory Guidance, Department of Health, October 2014, paragraphs 1.9-1.10. www.gov.uk 2. Ibid, paragraph 10.48 3. Next-generation social care – the role of e-marketplaces in empowering care users and transforming services, IPPR, May 2015, www.ippr.org 4. Paragraph 14.29 5. Social Care Institute for Excellence, www.scie.org.uk 6. Statutory Guidance 14.11 7. Ibid. paragraph 14.104 8. Paragraph 14.117

and work jointly. Such failures can lead to serious abuse and harm and, in some cases, even death.5 It is important to remember that an individual identified as being the victim of financial abuse may also be vulnerable to other forms of abuse. The fact that a scam has been prevented or uncovered should not signal the end of the matter, but rather the start of a conversation with the individual, and with other relevant agencies, about how they can best protect themselves from abuse in the future.

August 2015

Chris Du Boulay is a pupil barrister and Eloise Emanuel is a barrister at QEB Hollis Whiteman.

49

1

What was the name of the resident and former trading standards officer who instigated judicial review proceedings against Liverpool City Council after its restructure of trading standards?

Downtime

2

Why was Lynn Faulds Wood holding a toaster on the cover of the May 2015 issue of TS Today?

Win £25!

Answer our quick quiz and you could win £25 of Love2shop gi vouchers –

accepted in more than 20,000 high street stores, restaurants and a ractions

3 What is a vlog?

4

What law did Southwark Council use in the successful conviction of a rogue landlord who illegally converted one flat into two?

5

What was the subject of the article, headlined ‘A deadly diet’?

To submit your answers, email tsreview@tsi.org.uk Please remember to include your full name and a postal address to be in with a chance of winning.

Answers relate to the May-July 2015 issues of TS Today, which can be found via www.tradingstandards.uk/tstoday Last issue’s winner was Richard Sargeant, of Bognor Regis, West Sussex, who correctly answered all five questions to win £25 in Homebase vouchers.

Answers were as follows: 1) Mobile phones 2) Sanctions Information Database 3) £1.5m, record amount for food safety/due diligence case 4) Pension reform 5) Labour Party

50

Picture credits: Cover and page 20: Oleksandr Haisonok / Shu erstock. Page 6: Stuart C. Wilson / Ge y Images. Page 9: Jasminko Ibrakovic / Shu erstock. Page 11: tsaplia / Nikiteev_Konstantin / Margarita Tkachenko / Shu erstock. Page 15: Goodluz / puruan / Shu erstock. Page 25: Fotografias de Rodolfo Velasco / Ge y Images. Page 26: Wisiel / Shane Maritch / MAC1 / Shu erstock.

Page 29: Amy Walters / Shu erstock. Page 30: Calvste / Shu erstock. Page 32: tataev_foto / Shu erstock. Page 34: nexus 7 / Nikolai Tsvetkov / Shu erstock. Page 42: microvector / Shu erstock.

Page 47 and 48: Judy Ben Joud / Shu erstock. Page 50: Yoko Design / denk creative / nahariyani / Macrovector / designer491 / Shu erstock.

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

Research Scholarships The College provides up to 100% funding to engage in research for the benefit of our members, the trading standards community and the public.

We rely on your support by way of donations to enable us to continue this valuable work.

Does this sound like you?

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

Telford welcomes CTSI in 2016

The International Centre, Telford is a stand-out venue located in a destination made to meet, network, socialise, explore and stay.

We look forward to welcoming the CTSI Conference and Exhibition in 2016

made for events theinternationalcentretelford.com

 sales@southwatereventgroup.com

 01952 281 545

 @SwEventGroup