TS Review February 2016

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

February 2016 Issue 5

The

Year Ahead Conference 2016 Helping to shape the future of regulatory services

“

February 11 and 12 – Stratford-upon-Avon “Terrific event, thoroughly worthwhile.”

“I found all of the sessions to be absorbing and extremely thought provoking.”

Who should attend?

• Directors and senior managers of regulatory services • Local authority cabinet members and portfolio holders • Senior environmental health and public health practitioners • Senior trading standards officers

Gain the insight you need to effectively navigate the changing regulatory and structural landscape for local authorities. Prepare yourself and your team for the emerging strategic challenges facing regulatory services.

With topical sessions delivered by experts, and an audience of decisionmakers from across the country, the Year Ahead for Regulatory Services Conference has established itself as the must-attend event for local authorities.

The 2016 conference, which is presented in partnership with the CIEH, BRDO, CTSI and LGA, will play an important role in shaping and discussing the future regulatory services agenda.

Once again, the conference will bring together key political figures and leading individuals in regulatory services to identify, discuss and challenge the structure and shape for the future generation of regulatory services.

Full details to be announced shortly.

Exhibition Day one

Day two

Silver sponsor

Both days

Our last conference exhibition was a sell-out. Don’t miss this opportunity to exhibit to decision makers from across the country.

Please contact Paul Prior for further details about exhibition packages: p.prior@cieh.org or 020 7827 9929.

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.

Chris Fay // Editor-in-chief There can be no doubt that CTSI’s Vision has sparked much debate among the profession over the past year and, consequently, the Local Government Association (LGA) has produced its own review of trading standards services. Meanwhile, we await the publication of the central government review which, at the time of writing,

Welcome

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

Less is more, more or less has yet to be seen.

From the LGA report, the clear message is that the organisation does not

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

support the compulsory reorganisation of trading standards services but, in a nod to the LGA’s own devolution agenda, there is a suggestion that fewer, larger services could help.

Any constructive dialogue must be seen as a step in the right direction, and we explore its findings further in a dedicated CTSI policy column that appears in this edition for the first time on page 18.

Also in this issue, entrepreneur and CTSI Conference panellist Sharon Wright gives an insight into logical business thinking and asks whether trading standards could be a destination and service for businesses. Find out more on page 36.

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

With new legislation targeting legal highs currently being debated in the House of Commons, it is expected that the Psychoactive Substances Bill will have an effect on trading standards and be a burden of enforcement. Read more about this and the story so far on page 12.

Cruel criminal and fraudulent activity is also in the spotlight this issue, as Kent Trading Standards delves into the case of a roofing and building conman who scammed victims out of thousands of pounds (see page 8).

In addition, regular columnist Matt Allwright offers his take on what trading standards is really like in this ever-changing world of cuts and staffing challenges

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.

(turn to page 17).

Finally, it has been a year since the first issue of TS Review was introduced to the family of CTSI publications, and I would like to take this opportunity to thank you for your continued support and contributions to the journal.

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

chris fay editor-in-chief

Melissa Dring policy columnist

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.

Carina Bailey Editor

matt allwright columnist

Christine Heemskerk Independent consultant Christine is a self-employed consultant for the trading standards profession and chairman of CTSI Council.

Debra nelson ART DIRECTOR

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

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

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 first 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.

Contents 24

17

36

February 2016

24-30

6–10

Academia: scams Loneliness as a factor in financial abuse

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

Issue 5 // February 2016

digest Trading standards in the news

31-33

11

12-14

analysis Psychoactive Substances Bill

17

viewpoint Broadcaster Ma Allwright has his say

18-19

viewpoint Policy debate

34-35

infographic CTSI’s Tobacco Control Survey

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

Storytelling Spreading the word about trading standards to retain and secure funding February 2016 Issue 5

TSR Feb16 pp01 cover and spine.indd 2

20 cover story New proposals to tackle claims management companies and cold callers making a nuisance of themselves

25/01/2016 15:20

36-40

Interview: Sharon wright Why trading standards should operate like a business

41-44

CPPD training Major events: the way forward

46-50

Legal When does a customer’s right to cancel a contract end?

Picture credits: Cover and page 20: jmcdermo illo / Yuravector / Shu erstock. Page 6: Yorkman / ChiccoDodiFC / Shu erstock. Page 7: bogdanhoda / Shu erstock. Page 8: ND700 / Shu erstock.

Page 11: chuhail / Victoria Novak / Aleks Melnik / Shu erstock. Page 12 and 14: Featureflash / Shu erstock. Page 23: Rob Stothard / Ge y Images. Page 24: d13 / Shu erstock.

Page 28: Olivier Le Queinec / Shu erstock. Page 31: Evere Collection / Shu erstock. Page 42: Paolo Bona / Shu erstock. Page 46 and 50: Howard George / Ge y Images.

February 2016

5

Four-year financial se lements for councils

Digest

Councils have been given the chance to opt for four-year financial se lements by the government – if they publish an efficiency plan.

The Local Government Association described this as ‘significant’ and ‘an important step towards the financial certainty councils need to run high-quality services’.

The provisional financial se lement for 2016-17 was first revealed in December and is expected to be approved by parliament in February 2016.

CTSI’s latest Tobacco Control Survey found that – according to the data supplied by all councils that responded – 98 per cent of illicit cigarette samples tested failed fire safety standards set for legal cigarettes. The survey showed that reduced ignition propensity (fire safety) tests on illicit cigarettes were carried out by 17 of the 150 councils that took part in the survey.

Equipment at biggest risk of failure revealed TOBACCO DISPLAY BAN RESULTS ANNOUNCED

A rapid review of how businesses are coping with new tobacco display laws found nearly 90 per cent are complying – despite fears it would sound the death knell for small shops. Concerns had been voiced by tobacco-funded organisations about the cost of covering shop gantries and longer transaction times, but these failed to materialise.

6

Medical equipment has been found to pose the highest potential for failure, according to the latest annual weights and measures report for 2014-15. Also, for the first time, the National Measurement and Regulation Office’s report revealed that trading standards interventions directly saved businesses £1,181,000.

Trading standards services also helped 3,087 organisations comply with weights and measures law.

The proportion of non-compliant firms was 23 per cent.

Source: TS Today November 2015-January 2016 www.tradingstandards.uk/tstoday

Hot topic: trends Citizens Advice July-September 2015

Consumer goods and services

-1% The overall decrease in consumer goods and services complaints in the second quarter of 2015/16

Financial products and services

+21% The increase in frauds and scams issues raised, a ributed in part to Scams Awareness Week in July 2015

+142% Increase in personal pensions issues

+103% Increase in financial capability queries

+6%

Increase in issues about State Retirement Pension

+47% The increase in issues raised about financial products and services

New guidelines issued a er research links alcohol to increased cancer risk

Digest

Note: The figures in this report exclude Pension Wise, which will be reported in quarter three. According to Citizens Advice, the increases within financial products and services ‘are undoubtedly linked to providing the Pension Wise service’.

Tough new guidelines have been published by health chiefs after research found ‘any level of drinking’ increases a person’s risk of developing cancer.

The UK’s chief medical officers are warning that the risks start from any level of regular drinking, and increase with the amount being drunk.

The new guidelines,

chief medical officer for

being advised that one

women has also been

which have been backed

England, said: ‘Drinking

or two heavy drinking

updated to clarify that no

by a review conducted

any level of alcohol

sessions each week

level of alcohol is safe to

by the Committee on

regularly carries a health

increases the risk of

drink in pregnancy.

Carcinogenicity on alcohol

risk for anyone, but if men

death from long-term

and cancer risk, have not

and women limit their

illnesses, accidents

new advice will help to

been updated since 1995,

intake to no more than 14

and injuries. It is now

lower the risk of mortality

when the links between

units a week, it keeps the

recommended that drinkers

from cancers or other

alcohol and cancer were

risk of illness like cancer

have several alcohol-free

diseases. For more

not fully understood.

and liver disease low.’

days each week.

information go to

Dame Sally Davies,

The public is now

Advice for pregnant

It is hoped that the

www.gov.uk

FUNDING CUTS

An Early Day Motion has been tabled against the government’s proposal to cut the National Illegal Money Lending Team’s funding by a third. The motion, tabled in January by Labour MP Roger Godsiff, notes that the cut will result in a number of redundancies and a significantly reduced capacity. At the time of writing, 10 MPs had signed the motion, which supports the government’s proposal to create a levy on the industry to plug the funding gap.

MPs are also calling on the government to give more support to alternative sources of credit that benefit communities, such as credit unions.

February 2016

7

How Kent Trading Standards saw ‘callous manipulator’ Alfie Ackleton jailed for six years a er he commi ed fraud and criminal damage offences amounting to more than £308,000

Bully is busted Digest: Case study

Words. Tammy Carroll and Amy Mealham Images. Shu erstock

It was January 2014

Kent, had seriously

chimney was unsafe and

when we, at Kent

affected people’s lives. He

would fall into his home.

Trading Standards,

used despicable tactics,

Ackleton offered to fix

were first alerted to

befriending his victims by

it for £3,600. The victim

callous manipulator Alfie

finding common ground

was petrified, so agreed.

Ackleton, operating in the

and pretending to be a

During our investigation,

Faversham area.

really nice guy.

an independent building

Kent Police sent us a

Grooming

receiving complaints

He told one victim he

from residents. Ackleton,

knew their relative, and

trading as Premier Roofing

would give them gifts. He

searches were then made

for the work. Ackleton

and Building Solutions,

even kissed another very

on Ackleton, and we found

took every last penny, and

had been calling on elderly

vulnerable elderly lady and

that several other people

more, and left the victim’s

residents that day, but

promised he would do a

had fallen victim to him

home in a very poor and

had already left when we

job as he took £250 from

in the Kent and Medway

unfinished state. He even

arrived at the scene.

an envelope. The money

areas. One of these

took furniture for storage,

was only supposed to be

victims had their property

which he never returned.

this call-out would signal

paid upon completion

in Sittingbourne, Kent,

the start of a 20-month

of the work – and after

renovated by Ackleton

victim’s trust and groomed

investigation that would

it had been checked by

between December 2012

him over a period of time

reveal Ackleton to be a

the victim’s carer. On

and May 2013. Ackleton

by befriending him and

bully who groomed his

numerous occasions,

charged the victim more

taking advantage of his

petrified elderly victims

Ackleton petrified elderly

than £288,000 for the work.

loneliness. He constantly

into parting with cash.

vulnerable people into

Little did we know that

any ‘work’ completed by Ackleton was worthless.

Intelligence checks and

The victim had wanted

Ackleton gained the

made false representations

thinking their roofs

to renovate his semi-

to the victim and was

about him when we took

would fall in without

detached home so he

always finding additional

impact statements from

immediate repair.

would not require a care

problems that needed

service in the future, and

rectifying, resulting in further price increases.

We learned a lot more

seven of his victims. Taking

8

expert confirmed that

rapid reaction call after

Ackleton had coerced

these were a challenge

an elderly gentleman

had used an inheritance

because it was very

into fixing his guttering

from his late mother –

upsetting to hear how

and fascias for £700. He

which he had only received

to leave work unfinished,

Ackleton, of Gravesend,

then said the victim’s

months before – to pay

too. As a result, the victim

Ackleton was careful

February 2016

expert – we organised an identity parade with

also fell prey to Ackleton’s

all seven victims. They

advances. He took £10,000

all identified the same

from her after a cold

person… Alfie Ackleton.

call stating that he knew

When questioned,

some other workmen had

Ackleton refused to

visited her home. He told

comment. We carried out

her he would renovate

three recorded interviews

her garden, but left it in

with him before he was

an appalling state. Our

charged with fraud

expert deemed the work

and money-laundering

to be of a shoddy standard

offences. On 23 April 2015,

that was only worth £491.

at Maidstone Crown Court,

Had he done the job to a

Ackleton pleaded guilty to

professional standard, our

fraud worth £308,000 and

expert says it should only

criminal damage.

have cost £3,800.

Another elderly,

Sentencing was adjourned while the

was in constant fear that

Ackleton had cold called

he would walk off the

an elderly couple using

housebound victim was

defence sent its own

job and leave the house

another business trading

told by Ackleton that

independent expert to each

unprotected from the

name, and told them he

elements, so felt forced to

understood they had a

agree to additional work

problem with their roof

and pay the extra money

that needed fixing.

demanded. He even lent

Under Ackleton’s

money to Ackleton to pay

guidance, this one minor

his workers.

problem turned into the

Expert evidence Our independent expert examined the property and

He kissed one very vulnerable elderly lady and promised he would do a job as he took £250 from an envelope

whole roof needing to be

he would fix her loose

victim’s property to assess

replaced and more work

guttering for £20 as he was

the damage, believing that

being required.

in the area – a lie – and

Kent Trading Standards’

then petrified her into

expert witness had got his

Ackleton took £12,000

said the work was only

from this elderly couple,

thinking that her roof was

figures wrong. However,

worth £26,000. Had the

when the true value of

going to fall in, when there

the defence’s independent

renovation been done to

the work was only £5,000.

was nothing wrong with it.

expert agreed with the

a reasonable, professional

Sadly, the victim’s wife died

standard it should only

last year. Her husband says

witness statements from

have cost £43,686.

the stress that Ackleton

all of our victims – and

Moonlight flit

caused them had a major

full reports from our

Ackleton then went on the

impact on his wife’s health.

independent building

run. He did not turn up for

In March 2014, our investigation revealed that

February 2016

Digest: Case study

A cancer patient who was undergoing treatment

After obtaining criminal

values originally supplied.

9

LESSONS LEARNED We identified a number of ‘must do’s’ while communicating with several departments, charging a suspect, conducting recorded interviews and working with victims.

They are:

using the same method of operation and the name James. He still tried to

On numerous occasions, Ackleton petrified elderly vulnerable victims into thinking their roofs would fall in and were in need of immediate repair

Digest: Case study

he had been on the run, but it was refused.

On 9 November 2015, at Maidstone Crown Court, Ackleton was sentenced to six years’ imprisonment.

Preparation, and communication between officers, managers, intelligence departments and with the police – if required – is key ●

Judge Julian Smith said his offending was more complicated than simply his sentencing hearing,

describing him as a

instead instructing his

rogue trader or cowboy

We had to charge Ackleton, which is something our department had not done before. So we researched charging and worked with our legal team for the charges, and spoke to the police as they charged him

defence lawyer to give

builder. He said it involved

medical certificates that

pursuing, cajoling and

appeared to be fake. Then

even bullying elderly and

he simply failed to appear

vulnerable people into

at court, so a warrant was

having unnecessary work

issued for his arrest.

carried out – and where he

Always contact the on-duty custody sergeant when returning for interview, to inform them of when you are due and at what time, and what you seek to achieve.

We found that this made the communication with the custody sergeant be er and the whole process ran smoothly

of residence, but we knew

Take previous custody records with you; this makes the process of ‘booking in’ easier because you have the defendant’s custody number

●

Ackleton had given his aunt’s address as his place

●

Keep victims up to date on the progress of the case. This makes them feel part of the case and informed Victim impact statements are vital, giving people the chance to tell the court how the crime affected them

devious and dishonest

warrant and had found no

to your core. You robbed

male living there, which

them of their security

his elderly aunt confirmed.

and their financial independence. Your skills as a fraudster are clear.’

We are very pleased with

with them, naming

the sentence. Ackleton

Ackleton as a target during

preyed on vulnerable

Rogue Trader Week and

victims in Kent with his

using all our contacts to

abhorrent and dishonest

remind them to look for

actions. The victims were

him. As we knew Ackleton

devastated by what he put

did not live at the address

them through and we are

given, we ensured the

pleased that the court took

police custody sergeant

this, and the victim impact

was aware of this for his

statements, into account

bail conditions.

when sentencing.

Finally, on 23 October 2015, Ackleton was

●

●

He added: ‘You are

we had this address on a

him, so worked closely

Consider ID parades when a defendant has failed to account for allegations and evidence is required to confirm their identity

of poor quality. manipulative, callous,

Police were looking for

●

did carry out work, it was

he did not reside there as

We had to ensure Kent

●

10

apply for bail, even though

An initial, brief report on this case first appeared in the January 2016 edition of TS Today

arrested and remanded in custody. He was found working on an elderly woman’s roof in Gravesend

Tammy Carroll and Amy Mealham are principal trading standards officers at Kent County Council.

February 2016

Like it or not, CTSI’s Vision has succeeded in generating discussion about the future of the profession BRIAN STONE ‘MEETING OF MINDS’

In light of a world-leading brand such as VW doing what it has done, those who tell us to take a light-touch approach with businesses, cut red tape and reduce enforcement resources really need to re-evaluate and come to their senses

Intellectual property the costs the UK economy £1.3bn, mass marketing scams cost their victims more than £5bn annually, and the 2001 foot and mouth outbreak alone cost the economy £8bn. These huge sums account for just a fraction of the growing number of statutory trading standards duties and do not illustrate the human cost of weakened regulatory services

Abstracts STEVE PLAYLE ON THE VOLKSWAGEN SCANDAL

FUNDING CRISIS ANALYSIS ‘OUT OF CASH OUT OF TIME’

From TS Today

The tobacco industry is the only one that knowingly produces a consumable product that will kill up to half its users. In the North East, that means the equivalent of one person a day will die in each of our 12 local authority areas – with extra at weekends and bank holidays DAVID SAYER ARGUES WHY TOBACCO SHOULD BE MADE ILLEGAL ‘STUB IT OUT?

From April 2018, the council will not have sufficient financial resources to meet its statutory obligations LANCASHIRE COUNTY COUNCIL CABINET REPORT

The story of an elderly woman who, through loneliness, fell prey to scammers, and phoned her own answering machine to hear another human voice, was just one example of how loneliness can make a person more vulnerable to fraudsters. Another victim said she would have nothing to live for if the scam mail stopped SAFEGUARDING ADULTS AT RISK FROM SCAMS – A COLLABORATIVE APPROACH A BRUNEL UNIVERSITY/CTSI CONFERENCE

Source: TS Today Nov 2015 - Jan 2016 www.tradingstandards.uk/tstoday

88 per cent of hoverboards sampled failed safety testing THE HOVERBOARDS SAFETY CRISIS NATIONAL TRADING STANDARDS

Operation Jasper brings together officers from 63 trading standards teams, police officers, industry bodies and government agencies to tackle counterfeiting and piracy on social media sites. It has taken down 4,300 Facebook listings, 20 Facebook profiles, issued more than 200 warning le ers and delivered 24 cease and desist le ers INTELLECTUAL PROPERTY OFFICE IP CRIME REPORT -

11

New legislation targeting so-called ‘legal highs’ is set to redefine the role of trading standards in regulating illegal substances

Legal high-noon Analysis

Words. Phil La imore

The Psychoactive

The number of deaths

£2,500 for forensic analysis

Substances Bill 2015-16,

linked to NPS jumped

enforcement lies is not

of mobile equipment; and

currently passing through

from 10 in 2008 to a record

clear, but trading standards

legal costs of £4,000. The

parliament, will have a

high of 68 in 2012, while

officers and the police

defendant pleaded guilty,

major impact on trading

a Prisons Ombudsman

are likely to get the task

but if a ‘not-guilty’ plea

standards – whatever form

report last year revealed 19

through civil sanctions and

had been entered, clinical

the law eventually takes.

suspected prisoner deaths

the inspection of premises.

evidence to confirm the

The proposed legislation

from NPS between April

is aimed at controlling the

2012 and September 2014.

Yet with trading

toxic and psychoactive

standards already under

effects of the substances

severe pressure from

would have been required,

sale and supply of so-called

process leading up to the

government cuts, questions

costing £15,000-£20,000.

‘legal highs’ – or ‘new

point of consumption,

have been raised about

psychoactive substances’

and cracks down on

whether the resources

brought under existing

(NPS) – with trading

the production, supply

exist for the effective

consumer law, head of

standards officers expected

and sale of NPS. Where

enforcement of new

Swansea Trading Standards

to be in the frontline of

legislation by trading

David Picken says similar

enforcement.

standards officers. Who

obstacles will remain

production, distribution,

The bill focuses on the

Although the case was

will pay – and who will

under the new legislation

illegal drugs but are

be charged with this

over testing and legal

changed at a molecular

enforcement role?

processing: ‘You’re still

‘Legal highs’ imitate

level to evade laws.

going to have to prove your

Producers stay ahead of

Resources

authorities by constantly

The cost and complexity

tweaking the molecular

of such cases – and the

make-up of NPS in

impact on resources – is

and funding are therefore

illustrated by a recent

critical issues for any new

case brought by Swansea

statutory enforcement

Trading Standards against

duties to be carried out

a supplier of legal highs.

effectively. ‘The money’s

The investigation lasted

got to be provided for it,’

20 months and involved

says Picken. ‘If legislation

300 hours of officer time,

makes it the responsibility

plus 100 hours of internal

of trading standards, you

legal work. Costs included

have to have the personnel

£5,000 for sample analysis;

to do it and the resources

response to laws imposed on specific substances. But the proposed legislation applies a blanket ban to all NPS, to ensure that the catch-up game becomes a thing of the past; in 2014, there were 18 deaths involving NPS that were still legal in July 2015.

12

the responsibility of

SADIE FROST ACTRESS AND DESIGNER

‘Spent the night in hospital because a friend took a legal drug he bought. It was dangerous!’

(Daily Star, 2013 )

case, whatever legislation you’re working under.’

Sufficient resources

February 2016

2010 The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) detects 41 novel NPS

Oct 2011

Nov 2011

Mar 2013

May 2014

May 2014

May 2015

Jan 2016

The Advisory Council on the Misuse of Drugs (ACMD) publishes the Novel Psychoactive Substances report

EMCDDA reports that the UK is the most frequent country of origin of online sellers of NPS

UN International Narcotics Control Board reports that almost one new NPS is appearing every week in Europe

A United Nations Office on Drugs and Crime study finds that the use of NPS has ‘grown rapidly over the past decade’

The Association of Independent Festivals, which includes Bestival, bans the sale of legal highs in the UK

The Psychoactive Substances Bill 2015-16 is debated in the House of Lords

The Psychoactive Substances Bill is debated at report stage in the House of Commons

Deaths in numbers

Total deaths

addition to the enforcement

testing products, because

role, there is also an

the legislation will require

information or educational

us to demonstrate a

role, which may be

psychoactive effect.’

outside of this, working

Cook believes trading

helpful, particularly for

Year

on a preventative level,

standards has an important

potentially eliminating the

role to play in enforcement,

need for more expensive

as it fits with the profile of

enforcement intervention.

other products it regulates

With something like this, if

and locations where

you can stop it happening

substances are sold –

in the first place, the danger

although he maintains that

to individuals is reduced as

a multi-agency approach

well.’

is necessary. ‘There is a consumer

Others working in the profession are less

protection element, which

convinced about the

to process the cases –

must be tackled, says

is our area of expertise, and

desirability of trading

from testing through to

Brandon Cook, trading

we are very good at dealing

standards taking the

presentation at court.

standards manager at

with local problems quickly

lead role in enforcing

It has to be provided

Staffordshire County

and proportionately.

new legislation.

by local authorities and

Council and expert in age-

The police will need to

central government. And,

restricted sales. ‘Clearly,

be partners, picking up

expert in motor trade

beyond local enforcement,

all services are already

issues in the domestic

issues, is a former police

there is the wider issue

stretched and, to carry

environment and “dealing�,

officer. He firmly believes

of addressing the online

out this role, something

which is akin to drug

that the responsibility for

trade in these products,

else will need to give. This

enforcement.’

enforcing this legislation

targeting the manufacture

will be reflected by local

Picken agrees that a

and distribution of

priorities and needs to be

multi-agency approach

and definitely not with

substances. It is a

reactive to intelligence.

is necessary because of

trading standards. ‘The

worldwide market, and it’s

I do not feel we really

the nature of the people

nature of the substances

more cost-effective to tackle

understand the scale of

operating in this area.

involved is going to

the issue at source.’

the problem or the harm

‘Clearly, we will need

produce violence in some

The need for extra

to users at the moment.

at least some police

people. It’s going to be a

funding is an issue that

Extra funding would be

involvement. But in

highly contentious subject;

February 2016

Analysis

Timeline

Gerald Taylor, now an

should rest with the police

13

GLOBAL VIEW In Europe, some countries have used consumer safety or medicine laws to tackle NPS, some targeting psychoactive products in general, others directed towards individual substances.

Analysis

Italian regulators cracked down by requiring that goods or food on sale be accurately labelled in relation to their expected use.

Scientific risk assessment panels have been created in Hungary (2010) and Finland (2011) to provide the evidence base for decisions to control new substances.

Some countries have introduced temporary control regimes, allowing time for investigation of the need for permanent control, while others have chosen to extend the coverage of existing drug laws.

Ireland, Austria, Portugal, Romania and Sweden have introduced new laws to manage unauthorised distribution of NPS. In New Zealand, manufacturers must pay for preclinical and clinical trials of the finished product.

14

Source: Taken from Perspectives on Drugs: legal approaches to controlling new psychoactive substances, European Monitoring Centre for Drugs and Drug Addiction

have an impact on trading standards’ ability to engage effectively in a preventative, proactive role, while funding pressure on police forces is also likely to affect the level of engagement with trading standards MITCH WINEHOUSE FATHER OF THE LATE AMY WINEHOUSE LAUNCHING A NEW EDUCATION PROGRAMME FOR SCHOOLS

‘It’s such a complicated subject to understand, especially when you look at all the new legal highs that have appeared over the past few years’

on enforcement work.

‘It’s unrealistic to expect trading standards to cope with this extra enforcement responsibility without more funding,’ he says.

Sawyers agrees that further funding would be welcome.

(Sky News, 2013)

Nonetheless, while there are issues surrounding funding, the proposed lead it’s going to involve analysis

‘There are things we

role of trading standards

and it will involve what

wouldn’t be able to do on

may be regarded as a

amounts to the seizure

our own.’

reflection of government

of drugs. It should be

Sharon Sawyers, senior

confidence in the

left firmly in the lap of

trading standards officer

profession. ‘If not trading

the police. They have the

at Bristol City Council,

standards, then who?’

training to deal with violent

agrees that a multi-agency

asks Cook. ‘We have an

people, the facilities to

approach is important

incredible track record

detain them, and the power

and most likely police-led.

of adapting to problems

to arrest people.

Predicting the demise of

and using our skill set for

NPS sold on retail premises,

almost any regulatory issue.

where power of arrest is

as the bill criminalises

I believe the government

desirable because, as soon

selling, she anticipates that

knows we are the right

as it becomes illegal, the

‘the route of supply will

profession to take on the

first thing people are going

be via the internet, which

role – but they want it done

to do when in possession of

presents major challenges

without additional funding.’

the substances is run – and

for enforcement’.

‘This is clearly an area

trading standards have no powers to prevent this.’

Going underground

Cook agrees and says:

The bill was next due to be debated by MPs in

‘I would expect most

the House of Commons as

trading standards services

TS Review went to press.

are already having

A crackdown on businesses

conversations with local

selling NPS is likely to

strategic drug and alcohol

drive the market onto the

groups, trying to develop

street and online, making

a partnership approach.

enforcement even harder.

As long as we have this in

‘That’s why the multi-

mind, it can be managed.’

agency approach has to be

For Taylor, a lack of

the right one,’ says Picken.

resources will inevitably

References Deaths related to drug poisoning in England and Wales, 2014 registrations, Office for National Statistics European Monitoring Centre for Drugs and Drug Addiction BBC news, www.bbc.co.uk/news National Programme on Substance Abuse Deaths Prisons and Probation Ombudsman for England and Wales

February 2016

Metrology Seminar 2016 Venue: Westminster Conference Centre, London Dates: Wednesday 23 March 2016 CPPD: 3.5 hours This seminar has established itself as an important vehicle for the Continuous Personal and Professional Development (CPPD) of local authority staff, which includes 3.5 CPPD hours for successful completion of the seminar.

The seminar provides a unique training/networking opportunity for metrology specialists throughout the UK, including important updates from the Chartered Trading Standards Institute (CTSI), National Measurement and Regulation Office (NMRO) and the Local Government Metrology Expert Panel, along with opportunities for plenty of lively discussion.

Businesses and trade associations involved in legal metrology activity are also welcome to attend this seminar, although these bookings will be subject to NMRO approval.

The theme for this year’s seminar is: ‘Confidence in measurement accuracy is imperative for a successful thriving economy’.

The agenda for the day will include the following speakers: Leon Livermore Chief Executive of CTSI Richard Sanders Acting Chief Executive of NMRO Graham Russell Chief Executive of BRDO Local Government Metrology Expert Panel/CTSI Metrology Lead Officers Fiona Auty National Physical Laboratory Ian Burns Fairbanks, W&M from an approved verifier’s perspective

Delegate fee: £60 + VAT

Jay Moran Cheshire East Weights and measures in the US

Book now to secure your place.

Christine Munteanu NMRO Projects

For more information please visit: www.tradingstandards.uk/events/Training_Courses.cfm

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

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

Courses currently available

As a local authority reseller, you will have the benefit of your own branded e-commerce site which can be used to promote the above courses.

This provides a simple way of generating income whilst adding value to your business partnerships.

• • • • •

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

Coming soon • •

Alternative Dispute Resolution Consumer Contracts – Off Premises Sales

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

You and whose army?

I love the way telly uses military clichĂŠs to dramatise.

They are unlikely to be in double figures in many

For instance, it’s very rare that anyone in TV just goes

authorities. Liverpool, for instance, has a department with

somewhere to do something. That is far too dull. No, people

just four officers. TSOs for that great footballing city can’t

on telly are always On A Mission. Whether it’s to give us

even muster a five-a-side team, which is just as well – they

better chicken, or to rid the world of Phil Collins’ music,

probably haven’t got the time or energy to play.

if you say someone’s On A Mission then they are – in the viewer’s mind – dressed in a black polo neck and dangling

Viewpoint

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

That’s because, unless I’ve missed it, there’s been no corresponding reduction in their workload, as they are

from the ceiling by ropes.

That’s telly, where we are notorious for hyperbole, but I expected more of Defra minister George Eustice who, expected to supply the same end

during the Environment,

product as they always have

Agriculture and Rural Affairs

– whether it’s education or

Committee’s review,

prosecutions – by working

described trading standards officers

‘smarter’. They are still

(TSOs) as an ‘army’.

supposed to be patrolling corner shops for fake

Like the On A

vodka, busting open

Mission idea, it’s appealing. In our minds

warehouses, tracking down

we visualise an army of

and prosecuting rogues, and so on, for the nearly half-a-

TSOs marching in step

million city inhabitants – all in

across the country; with

160 man-hours a week.

a single purpose, they are

When people ask me: ‘Why isn’t

ready to spring to whichever crisis threatens us, be it foot and

anyone doing anything about all these rogues/

mouth or fake headphones. All in matching uniforms, they

food adulterers/retailers of fakes?’, I have to answer that

are accompanied by the music from The A-Team and – my

they are, but there just aren’t that many of them any more,

goodness – there are SO MANY OF THEM!

and they have an awful lot on their plates.

It’s a reassuring image for the public, but let’s face it,

It’s not the answer they’re looking for, but maybe that’s

stark raving bonk-a-loon. The ‘army’ is either in very deep

because, in their heads, they still have a picture of an army

camouflage or has been replaced by men and women at

that doesn’t exist.

council offices across the country, who are more than likely to be found gazing at that empty seat where their trading standards colleague used to sit.

February 2016

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

17

Larger trading standards services will create a more sustainable future – but ‘no one size fits all’ Viewpoint

Words. Melissa Dring // Illustration. Paddy Mills The take-home message from the recently published

know a voluntary, shared service solution is unlikely to

Local Government Association (LGA) review of trading

work. Firstly, voluntary restructuring takes time. Despite

standards has to be the LGA’s acceptance that fewer,

an agreement between the Welsh Assembly and the

larger trading standards services will create a more

Welsh Local Government Association to reduce the

sustainable future.

number of services from 22 to six, only one fully shared

This is good news. Shared services have been on

service has been formed in three years. We are concerned

the agenda for years, but – for the first time – the LGA is

that the low profile of trading standards among the public

publicly and formally stating that a move towards larger

and elected members results in a lack of either incentives

trading standards services, or wider regulatory services,

or sense of urgency for making major – often difficult –

is necessary to manage the impact of cuts.

decisions in individual local authorities to bring services

It doesn’t move us much further forward than that, however. As stated in CTSI’s original Vision document

Voluntarily created shared services are also vulnerable

– which prompted this review – there is a need for

to collapse on the decision of a single partner, so are not a

innovative and radical solutions that go beyond simply

sustainable option for the future.

sharing services between councils.

The LGA will not support a mandated or centrally

The most significant problem with shared services, however, is the risk of gaps in protection across the

driven restructure, arguing that there is no ‘one size fits

country. At the very least, a voluntary move towards

all’ solution – so changes must be driven voluntarily by

shared services will mean that restructure plans happen

individual local authorities.

at different speeds.

In my view, this does not automatically follow. CTSI’s

We all know that trading standards services work at

Vision does not propose a single ‘one size fits all’ solution

a range of levels – individual, local, regional, national,

– although it would have been an easier argument to

and even international. The impact of trading standards’

make. We have suggested that a number of factors

work is not confined within local authority boundaries,

need to be taken into account, including: population

and weaknesses in enforcement in one area will cause

size; number of businesses; geographical distance; the

problems to spread.

footprints of key partners; and the emerging map of

We are already seeing this happen. Anecdotal

combined authority areas. However, that does not negate

evidence suggests that some smaller services do not

the need for a strong steer and direction from the centre

have the capacity to deal with problems referred to them

to make sure change happens – and fast.

by larger authorities. If this continues, the impact of

The key problem with the LGA review is that we

18

together.

enforcement weaknesses in some areas of the country

February 2016

THE STORY SO FAR

will put a strain on larger services. This is the key reason why any change to the structure of trading standards needs to be fast and coordinated. The patchwork system that already exists – with varying levels of protection for consumers and businesses – would be exacerbated by a voluntary move towards shared services; this is not acceptable or sustainable.

The LGA review fails to acknowledge that this would be a problem. However, it does call for urgent action from local authorities at all levels. Those councils either with very small services, or which are significantly out of step with equivalently sized authorities, are advised to riskassess their services and consider alternative options.

Information will be made available on the benefits of sharing services. The LGA also encourages heads of services to bring forward proposals for joint provision, and will support local authorities to restructure.

The LGA review does not do much to address the two other challenges vital for a sustainable service – accountability and funding. We will shortly be producing a full, formal response to the review, which will set this out in more detail.

This review forms only part of the picture, however.

We are still waiting for the publication of the central government review of trading standards, which was originally expected late last year. We can only hope that their proposals are more bold and radical than those of local government.

Melissa Dring is policy director at CTSI

It was a shortlife assessment, comprising a review of available evidence, a survey of heads of trading standards in England and Wales, and discussions at workshops, culminating in a debate at a stakeholder group workshop in late October.

Viewpoint

Hot on the heels of central government’s announcement to review trading standards, the Local Government Association (LGA) declared it was to carry out a parallel review.

This was explicitly prompted by CTSI’s Vision for the future of trading standards, as well as the need to follow up the LGA’s Remodelling Public Protection report.

Key messages from the latest review include: A strong commitment to trading standards remaining fully integrated within local government ●

● Larger services are likely to provide be er resilience and a more sustainable future for the service

A need for honesty about what can be delivered within current resource restraints ●

19

Words. Chris Fay and Carina Bailey Images. Shu erstock

20

CALLING February 2016

KEY POINTS • Strengthening the

powers of the Solicitors Regulation Authority

• Changing the rules to

It has grown into a billion-pound

• Evidential presumption

that no injury was suffered where claims are lodged a er a specified period

industry since the mid-1990s – now the first of two major reports into the regulation of claims management companies (CMCs) has been published and calls for tougher regulation to tackle

• Introduction of fixed

recoverable costs for noise-induced hearing claims

fraudulent claims, as well as a clamp down on nuisance calls.

The Insurance Fraud Taskforce, made up of industry and government ago to tackle fraud and made its recommendations late in January.

According to its final report, detected

as well as delaying action in genuine claims. Consumers can also pay up to 30 per cent of any sum awarded in fees – when they could make a claim themselves for free.

Harriett Baldwin MP, economic secretary to the Treasury, describes

• A ‘legacy vehicle’ to be

experts, was set up about a year

insurance companies time and money,

Insurance fraud

penalise ‘late’ claims

set up to drive dialogue between stakeholders and ensure delivery of recommendations

insurance fraud as ‘opportunistic fraud often undertaken by otherwise honest individuals.’ She adds: ‘There is a particular concern about fraud in whiplash cases and we are making the process for dealing with these claims

fraud – often in personal-injury claims –

more robust, including improvements to

costs the UK economy more than £1bn

the medical evidence process.’

a year; however, the undetected figure

CMCs in the personal injury,

is almost double that, adding £50 to the average policy. The

financial products and services, employment, criminal-

taskforce endorses and supports the ongoing independent

injuries compensation, industrial-injuries disablement

review of CMCs led by CTSI board chairman Carol Brady

benefit, and housing disrepair sectors must be authorised by

but makes two noteworthy recommendations of its own:

the Claims Management Regulator (CMR). The taskforce is concerned that CMCs encourage otherwise honest people to

1. The government should establish a stronger regime for

fabricate or exaggerate injuries.

CMC regulation and ensure that it has adequate resources

Personal-injury claims accounted for 40 per cent of the

and powers to do the job effectively

industry’s total turnover in 2014/15, and remains by far the

2. The government should develop and deliver a coherent

largest sector, with 917 authorised CMCs in this sector at the

regulatory strategy to tackle nuisance calls that encourage

end of October 2015.

fraudulent personal-injury or other claims

There are a number of ways in which these companies and other nuisance callers obtain personal data about

CMCs are charged with causing a number of social

consumers, including via theft and illicit purchases. Often

nuisances, such as cold calling and spurious calls, which cost

data is bought from organisations – removed from the

TIME February 2016

A new report on insurance fraud offers pointers on how to clamp down on cold calling in the claims management sector 21

TAKING ACTION Last year, 23 per cent of CMCs faced some sort of intervention from the Information Commissioner’s Office.

Since April 2015, when the government removed the need to prove substantial damage or distress before enforcement can take place, several large fines have been issued, including: Â

Insurance fraud

• An £80,000 fine for a Bolton

personal-injury firm for nuisance calls, including 470 to one household alone • A £90,000 fine for a Brighton-based CMC that the CMR said failed to take reasonable steps to check how leads from other firms had been generated • £200,000 for a Swanseabased lead-generation company, in October 2015, for sending thousands of unsolicited marketing texts; it received 6,758 complaints in one month

means. Consumers may also unwittingly give consent to share their data by ticking a box on an unrelated website – but, under forthcoming EU regulations, opt-outs will no longer be an acceptable form of consent.

Brady was unable to comment on what her team has found so far, but would be ‘mindful’ of the recommendations made in the taskforce’s report. Her review – for the Ministry of Justice and HM Treasury – began last September, and takes in: PPI claims; CMC support for consumers with packaged bank accounts; personal injury; among other relevant areas.

Her team has engaged with stakeholders to look at the mischief that some CMC behaviour has caused, and conducted a call for evidence. Views are now being formulated. ‘We’re looking at whether the existing regulatory architecture is sufficient and whether there needs to be amendments to that, or whether there needs to be a different regulator,’ says Brady. She described the fining powers of the Claims Management Regulator as ‘coming to fruition’, with one company receiving a fine of ÂŁ850,000 for making almost 6 million calls over a six-month period about noise induced hearing loss claims.

The report makes a case for all relevant bodies focusing on the same priorities and strategic vision. Brady cites the recent prosecution of a CMC in Swansea by trading standards as a good example of how ‘a joined-up regulatory landscape has a real impact on the marketplace’. ‘It’s really

Last October, a further 83 cases were under investigation.

important,’ she adds. ‘It’s not just about one regulator – how

The taskforce report highlights key concerns, including:

nuisance calls and texts has focused on their annoyance,

• The ban on referral fees and

22

claims process – that have obtained it through legitimate

its apparent failure to take effect, and a perceived lack of rigour from the Solicitors Regulation Authority in enforcing compliance  • Banned CMCs re-emerging under different guises, known as ‘phoenixing’ • Marketing companies, medical reporting organisations and most credit hire companies not being regulated currently • The CMR not having adequate resources or powers

does the whole work together?’ The taskforce report says, to date, the strategy on not the harm they inflict on the UK economy through the encouragement of fraud. Some stakeholders have argued that regulators need stronger powers, particularly in relation to criminals who trade in unlawfully obtained personal data.

Worryingly, however, many stakeholders were unclear about how the responsibilities of the regulators overlapped.

While recent enforcement activity appears to have reassured the taskforce that the powers of the Information Commissioner’s Office and Ofcom are sufficient to tackle the obvious issues with nuisance calls, it believes better coordination between the organisations would help them become more effective.

Some CMCs buy leads from third parties, despite this being forbidden by the referral-fee ban. However, many of these third parties are based overseas, so can avoid UK

February 2016

FORMER JUSTICE SECRETARY JACK STRAW GIVING EVIDENCE TO THE HOUSE OF COMMONS TRANSPORT SELECT COMMITTEE INTO THE COST OF MOTOR INSURANCE

‘[Whiplash is] not so much an injury, more a profitable invention of the human imagination – undiagnosable except by third-rate doctors in the pay of the claims management companies or personal-injury lawyers’

regulation. This makes it difficult to tackle nuisance calls at source, so the taskforce wants more done to tackle nuisance tactics. The government, for example, is due to consult on legislation that would force direct marketing callers to provide valid Calling Line Identification, so unwanted calls can be more easily identified and reported to the regulator.

Unsurprisingly, the insurance industry has welcomed the taskforce report – although it has been far from idle in trying to combat the issue itself. Last year, Aviva pursued 1,400 potentially fraudulent claims, up from 300 in 2014.

In a blog posted on the LegalFutures website, however, first4lawyers has criticised the report. It states: ‘It’s disappointing to see a document that is supposed to talk about the supposed epidemic of widespread insurance fraud primarily focus on the personal-injury sector… Are they saying that consumers are a bit thick and are easily manipulated by rogue traders into making false claims?’

According to the blogger, motor-related personal-injury claims peaked in 2011/12 and have fallen year on year to their lowest level since 2009/10.

The taskforce acknowledges that CMCs do assist people in bringing legitimate claims that would otherwise not be made, thereby facilitating access to justice. Brady says: ‘This is not about eradicating CMCs – they serve a purpose. This is about improving behaviour so we eradicate spurious claims.’

Brady hopes her final report will be ready to publish around Easter 2016.

References moneysavingexpert.com legalfutures.co.uk House of Commons Transport Select Commi ee into the cost of motor insurance July Budget 2015 (www.gov.uk) Fraud insurance Taskforce: final report

According to the Claims Management Regulator, claims management companies (CMCs) have to ensure they act with professional diligence to investigate the existence and merits of each element of a potential claim before presenting it to a third party.

They must then take all reasonable steps, in relation to any arrangement with third parties, to confirm that referrals, leads or data have been obtained in accordance with the requirements of the legislation and rules.

Maggie Finnie, head of compliance at the Claims Management Regulation Unit, says it is common knowledge that there are endemic issues relating to the misuse of data for marketing purposes. While far from unique to CMCs – especially with personalinjury claims and payment protection insurance (PPI) – nuisance calls and texts are a notable feature of the claims management industry.

Insurance fraud

CHANGES TO CONDUCT RULES

She says these requirements have been key to challenging the behaviour of CMCs that engage in direct marketing involving nuisance calls and texts.

The Claims Management Regulator works closely with the Information Commissioner, not only sharing complaint data, but also, on occasions, conducting joint audits.

Any trading standards officer with questions for the Claims Management Regulation Unit can call 0333 200 0110.

23

SPONSORED BY

24

HOME ALONE

SPONSORED BY

Exploitative financial fraud – or scamming – of vulnerable adults is a serious and growing problem for trading standards officers. To combat it effectively, staff must work collaboratively with the police, social services and healthcare colleagues to identify and support vulnerable victims.

Research conducted by The National Centre of Post-Qualifying Social Work and Professional Practice

Academic research

Words. Professor Keith Brown, Dr Lee-Ann Fenge and Rebecca Johnson Images. Shu erstock

(NCPQSW), at Bournemouth University – in collaboration with Croydon Council and East Sussex Council – is helping to identify some of the key challenges in supporting victims of financial scams, and how best to tackle the issue.

Scams in a global context Financial scamming is a global problem that is costing the UK public about £3.5bn annually. As long ago as 2006, the Office of Fair Trading estimated that 48 per cent of the UK adult population had been targeted in this way.1 Then, as now, scams were largely under-reported and the scale of the problem is likely to be much larger – and more serious – than it appears.

Scams, also referred to as mass marketing frauds (MMF), are forms of fraud that use a variety of misleading or deceptive techniques to con individuals out of money.

Scamming has been taking place in different forms for many years, but it is a rapidly increasing problem because of the rise in people’s everyday use of the

Loneliness is a major factor

internet and e-communications.

in making older people

for services such as trading standards, which has a

vulnerable to scams

people. Despite heightened awareness of the scale of the

The issue is of growing concern, particularly responsibility to safeguard consumers and vulnerable

25

SPONSORED BY

Academic research

DESPITE GROWING AWARENESS OF THE SCALE OF THE PROBLEM, THERE IS CURRENTLY LITTLE RESEARCH CONCERNING MMF AND VULNERABLE ADULTS, AND NO ESTABLISHED THEORY EXPICITLY EXPLORING THE TOPIC

problem, there is currently little research concerning

changes to pension access in April 2015. Individuals

MMF and vulnerable adults, and no established theory

with access to rich pension pots may now be targeted by

explicitly exploring the topic. So it is increasingly

unscrupulous companies or scammers.5

important that agencies working to protect vulnerable adults are aware of the risks posed by financial scams,

A global reach

and of the duties they now have – as a result of the Care

Scamming is a problem that has accelerated in recent

Act 2014 – to safeguard individuals from financial abuse.

years. The internet has enabled criminals to reach a global audience and potentially to deceive ever-

The victims

higher numbers of victims.6 With the increase in online

Financial scamming is a problem that can affect anyone,

banking – and with business transaction opportunities

no matter their age, income or level of education. Any

to obtain personal information and contact details rising

one of us could become vulnerable to a scam, depending

significantly – criminals bundle these details into lists

on our personal circumstances and our awareness of the

that can be sold around the world to gangs involved in

latest scam initiatives.

financial theft and fraud.

Fraudsters will customise the content and delivery

the world at minimal cost and, as a result, have access to

In particular, older people are being targeted by mass

individuals they would previously have had little chance

marketing scams; these are often presented via the

of targeting.7

2

doorstep, telephone and mail, and include investment

With the growing use of email, many companies

scams, prize draws, pension-liberation schemes and

target email addresses to advertise their business.

rogue trading.

Such unsolicited communication is termed ‘spam’.

Older adults are perceived to have more savings,

Research has explored the differences between spam

and are more vulnerable both to cognitive impairments

and scams,8 and discovered that while spammers use

affecting their abilities to judge risk in certain situations,

engineering and technology to entice people to specific

and to feelings of loneliness.

websites and URLs, scammers use human factors, such

The proportion of the population suffering from

as pity and greed. They also direct victims towards

cognitive impairments in the community is likely to

email addresses and phone numbers that can be more

increase in the coming decades, as the number of people

difficult to trace.

in the UK with dementia is predicted to rise from 850,000

26

Scammers can now connect easily with people across

of a scam to fit the profile of those they intend to target.

to 1.1 million by 2025.3 By definition, those who have a

The fraudster’s technique

cognitive impairment will be more vulnerable than other

Scammers draw on marketing techniques and use

citizens.

persuasive language and ‘hooks’ to lure their potential

Older people are also at risk of unethical sales

victims. For a scam to be successful, the victim or ‘client’

practices carried out by companies selling a range of

has to decide to buy into the scheme. To encourage this

products,4 a problem which is particularly relevant since

decision, scammers use a range of techniques, including

February 2016

SPONSORED BY

persuasion, business skills, marketing techniques and professional presentation.9 This can include using language and approaches that make the victim feel special or personally selected. This establishes a 10

relationship with the victim, where the victim is groomed to respond and reciprocate the contact from the scammer.11 Plausibility of the scam is another key feature in hooking in victims.12 Some psychologists have suggested a theory of

‘I know who’s responsible but I can’t go to the police’

scamming vulnerability,13 which includes things such as an individual’s gullibility or scepticism. So cognitive factors – including how people process information about

Academic research

rewards and risks – can influence how they respond to scam clues.

Gullibility of individuals to scam techniques is often exploited by criminals, who use so-called ‘suckers lists’ to identify those who have previously fallen for a scam.14 The National Trading Standards Scams Team has, to date, accessed eight ‘suckers lists’, which have been seized by different local authorities across the UK. The lists contain more than 150,000 names, with one list alone containing more than 106,000 potential scam victims.

The sharing of such lists can lead to vulnerable people being repeatedly targeted by different scams.

On average, a victim has a 30 per cent chance of falling for another scam within the following 12 months because their details have been added to a ‘suckers list’.15

Loneliness as a psycho-social factor Wider psycho-social factors have been found to increase the risk of falling prey to a scam. Loneliness is a significant element in increasing vulnerability to scams in older people.

Levels of loneliness in older people are related to higher frequencies of telephone contact – and for some people this is their only form of social interaction. Higher

Contact Crimestoppers anonymously with information on crime Call 0800 555 111 or go online at crimestoppers-uk.org

LONELINESS IS A SIGNIFICANT ELEMENT IN INCREASING VULNERABILITY TO SCAMS IN OLDER PEOPLE February 2016

Crimestoppers Trust is a registered charity

Silhouette Poster A4 short version_50x223.indd 1

12/01/2016 10:20

27

SPONSORED BY

FACTORS INFLUENCING VULNERABILITY Recent research conducted in the London Borough of Croydon22 has highlighted a number of factors that increase a person’s vulnerability to falling victim to mass marketing fraud (MMF) and financial scams.

These include:

Academic research

● Emotional vulnerability caused by events, such as illness or bereavement ● Scam plausibility, and appearance of the scam offer being genuine

A belief that the ‘offer’ is worth the risk as the initial outlay is comparatively small ●

● A sense of utility – scam involvement gives a sense of purpose and engagement in a meaningful activity.

Breaking this cycle of scam involvement can be difficult, as the activity itself takes on a significant role in the everyday activities of the individual

Impaired judgement.

Victims of MMF are o en deemed to have mental capacity, but their judgement is impaired by their total belief in the scam, despite efforts by authorities to convince them otherwise. This has implications – in terms of the impact of ‘undue influence’ and harassment – for a vulnerable older person’s capacity to make informed judgements ●

28

FINANCIAL SCAMMING IS A GLOBAL PROBLEM THAT IS COSTING THE UK PUBLIC ABOUT £3.5BN ANNUALLY

levels of exposure to telemarketing calls and doorstep sales pitches increases the likelihood of consumers being exposed to scams.16 Older people who experience feelings of loneliness are particularly vulnerable, as they are more likely to listen to a sales pitch and engage in conversations with scammers.

Loneliness has different causes, but research by Victor et al considers five main factors:17 socio-demographics, including age, family and living arrangements; material circumstances, including education and income; health, including disability and cognitive impairment; social resources, including friends and community networks; and life events, including bereavement and admissions into residential care.

Loneliness is a significant but under-recognised problem for society, and is predicted to increase over time. It is estimated that 3.5 million people over the age of 65 currently live alone, and this is predicted to increase to five million by 2030.18 A key challenge for professionals working to safeguard those at risk from financial scams is to reach

February 2016

‘I know who’s responsible but I can’t go to the police’ Contact Crimestoppers anonymously with information on crime Call 0800 555 111 or go online at crimestoppers-uk.org Crimestoppers Trust is a registered charity

Academic research

SPONSORED BY

out to the lonely and socially isolated, and to find mechanisms to reduce their susceptibility to becoming involved in scams.

Research suggests that ending involvement in a scam can be difficult, and this can prove challenging for trading standards staff and others involved in protecting vulnerable adults (see panel, ‘Factors influencing vulnerability’). For example, even though evidence may be presented to the victim about the nature of the scam, they may not believe this and reject

THE NUMBER OF PEOPLE IN THE UK WITH DEMENTIA IS PREDICTED TO RISE FROM 850,000 TO 1.1M BY 2025. BY DEFINITION, THOSE WITH A COGNITIVE IMPAIRMENT MUST BE MORE VULNERABLE THAN OTHER CITIZENS

professional intervention because of some of the reasons outlined above.

The importance of social utility Identifying replacement activities, such as increased opportunities for involvement in social activities, might help to reduce sustained participation in scams.

The NCPQSW is also currently conducting ongoing research with the Chartered Trading Standards Institute (CTSI) and National Trading Standards Scams Team into the nature of scams, and the losses incurred by vulnerable adults. This is expected to produce further outputs in spring 2016.

Empowering older people Safeguarding those at risk of MMF can be a challenging area of practice because older people are less likely to report their involvement in financial scams or to seek recourse.19 Professionals need to consider how to empower older people to make wise and informed financial decisions through improved financial literacy,20 and how best to share information about the risks posed by MMF. As victims of MMF are often not receptive to direct approaches from professionals, it is important to consider creative ways of sharing information on the topic via local networks and initiatives for older people. These include national conscious-raising schemes such as ‘scamsmart’.21 It is also important to improve communication across agencies to facilitate seamless person-centred safeguarding practice.

Professor Keith Brown, Dr Lee-Ann Fenge and Rebecca Johnson are all part of the National Centre of Post-Qualifying Social Work and Professional Practice team at Bournemouth University.

30

References 1. Office of Fair Trading, 2006. Research on impact of mass marketed scams: A summary of research into the impact of scams on UK consumers, Office of Fair Trading, London 2. Social Care Institute of Excellence (SCIE) 2011. Assessment: financial crime against vulnerable adults, SCIE Report No. 49, SCIE, London 3. Alzheimer’s Society. 2015. ‘Dementia 2015: Aiming higher to transform lives’, Alzheimer’s Society, London 4. DeLiema, M., Yongjie, Y. and Wilbur, K., 2014. ‘Tricks of the trade: Motivating sales agents to con older people’, The Gerontologist, 1-11. doi: 10.1093/geront/gnu039 5. Age UK. 2014. Dashboards and jam-jars: Helping consumers with small Defined Contribution pension pots make decisions about retirement income, www.ageuk.org.uk/Documents/EN-GB/For-professionals/Policy/moneyma ers/dashboards_and_jamjars_helping_modest_savers_December_2014. pdf?dtrk=true [Accessed 10 December 2015] 6. Chang, J., 2008. ‘An Analysis of Advance Fee Fraud on the Internet’, Journal of Financial Crime, 15 (1), 77-81 7. Bu on, M., McNaughton Nicholls, C., Kerr, J., Owen, R., 2014. ‘Online frauds: Learning from victims why they fall for these scams’, Australian and New Zealand Journal of Criminology, 47 (3), 391-408 8. Isacenkova, J., Thonnard, O., Costin, A., Balzaro i, D. and Francillon, A., 2013. ‘Inside the SCAM Jungle: A Closer Look at 419 Scam Email Operations’, Security and Privacy Workshops (SPW), 143-150 9. Bu on et al, 2014. ‘Online frauds’ 10. Lea, S. E. G. and Webley, P., 2006. ‘Money as tool, money as drug: The biological psychology of a strong incentive’, Behavioural Brain Sciences, 29 (2), 161-209 11. Cialdini, R. B., 1984. The Psychology and Influence of Persuasion, Quill William Morrow, New York, NY 12. Modic, D., 2012. Willing to be scammed: How self-control impacts internet scam compliance, PhD thesis, University of Exeter, Exeter, ore.exeter. ac.uk/repository/bitstream/handle/10871/8044/ModicD.pdf?sequence¼2 (accessed 2 December 2015) 13. Langenderfer, J. and Shimp, T., 2001. ‘Consumer vulnerability to scams, swindles and fraud: A new theory of visceral influences on persuasion’, Journal of Psychology and Marketing, 18 (7), 763-783 14. Shover, N., Coffey, G. S. and Hobbs, D., 2003. ‘Crime on the line’, British Journal of Criminology, 43 (3), 489-505 15. Office of Fair Trading, 2006. Research on impact of mass marketed scams 16. Lee, J. and Geistfeld, L., 1999. ‘Elderly consumers receptiveness to telemarketing fraud’, Journal of Public Policy and Marketing, 18 (2), 208-217 17. Victor, C., Scambler, S., Bowling, A. and Bond, J., 2005. The prevalence of, and risk factors for, loneliness in later life: A survey of older people in Great Britain, Journal of Ageing and Society, 25:6, 357-375 18. Projecting Older People Population Information (Poppi), 2015. Population by age, www.poppi.org.uk/index.php (accessed 8 December, 2015) 19. Pak K. and Shadel D., 2011. AARP Foundation National Fraud Victim Study, AARP Foundation, Washington DC 20. Financial Conduct Authority 2014. Be a ScamSmart investor, scamsmart. fca.org.uk/page/be-a-scamsmart-investor [accessed 17 March 2015] 21. ibid 22. Olivier, S., Burls, T., Fenge, L., and Brown, K., 2015. ‘“Winning and losing”: Vulnerability to mass marketing fraud’, The Journal of Adult Protection, 17 (6), 360–370

tell

Telling stories to the right

people is vital to protect trading standards’ funding

Raising your profile

Show and

Words. Carina Bailey Images. Shu erstock

‘Talk about what the benefits are going to be for a particular activity, do it, then say what the benefits were.’ This advice, which Dr Peter Watt of Birmingham University gave at CTSI Conference, may sound simple, but conveying messages about how trading standards’ work protects communities, helps to grow the economy, and contributes to a healthy society and a more sustainable environment, is not always easy. But services must tell these stories if they are to retain – and secure additional – funding streams.

February 2016

31

DR PETER WATT INSTITUTE OF LOCAL GOVERNMENT STUDIES READER IN PUBLIC SECTOR ECONOMICS UNIVERSITY OF BIRMINGHAM SPEAKING AT CTSI CONFERENCE

Raising your profile

‘Talk about what the benefits are going to be for a particular activity, do it, then say what the benefits were’

David Bull, head of regulatory services at Leicestershire

or external organisations that have a care role. Allen says if

in two ways: first, by showing how important it is to meet

your language reflects a local authority’s obligations under

your authority’s objectives; and second, by leaders making

the Care Act, it makes it easier to achieve recognition for the

themselves known to the people who matter – including

work TSS do on mail scams – a form of financial abuse. He

elected members and senior managers.

says: ‘If you say: “We are trying to tackle financial abuse”,

Subtleties of language Achieving this appears, in part, to involve the very language

or “Our approach is part of safeguarding activities”, you are using adult care language.

‘It’s potentially more difficult for counterparts within the

used. There are a couple of phrases which Bull has found

adult care sector, or a department within a local authority, to

invaluable in communicating a public harm his trading

avoid the issue now,’ says Allen. Plus, it will get TSS on the

standards service (TSS) is trying to combat – ‘public

’right people’s’ radars. However, it doesn’t necessarily mean

protection’ being one of them.

it will immediately open a door; Allen says officers need the

This involves selling the work completed by TSS in its full context. For example, TSS’ work in agriculture or feed enables a local authority to protect the public food chain from ‘plough to fork’. ‘It’s all about safety,’ says Bull.

‘Chemical contamination’ is his other favourite. He uses

support of those in prevention or safeguarding services to make real headway.

In the last six months, Derbyshire Trading Standards has made a concerted effort to present to frontline adult care managers case studies from its work on mail frauds.

children’s food as an example. Of brightly coloured soft

The team received a ‘suckers list’ of around 300 names

drinks, ‘the law says food should not have certain items in

from the National Scams Team, and 100 or so visits to these

it and, if it does, it should only be up to a certain amount.

vulnerable people revealed they lost about £1m – one couple

After that it becomes “chemical contamination”. My elected

lost £600,000 alone. The project has shown the average

member here, he wants assurances that the vital public

age of a victim is 77, they live alone and are very often

protection role is still being maintained.’

recently widowed. This profile was passed on during the

Steve Allen, trading standards manager – fair trading at Derbyshire County Council, agrees that language plays a vital

presentations and appears to have captured the imagination.

Allen says a few of these victims were already on the

part in giving trading standards an ‘in’ to other departments,

adult care register, but many were not. ‘As a result of our

such as adult care. ‘Sometimes it can be difficult to convey

intervention, these people have been able to seek support.

how serious some mail scams are and how vulnerable people

No-one else would have officially picked this up.’ His team is

are affected by them when you keep using the word “scam”,’

now receiving more referrals from adult care than before.

he explains.

His team has now made a conscious decision to use

32

adult care’s language whenever it talks to adult care staff,

County Council, says you can help to protect your service

Allen is also an advocate of using the Office of Fair Trading’s impact calculator – a spreadsheet that calculates

February 2016

certain types of work – to help tell the story of a trading standards intervention.

Networking Exposing the service to elected members on a regular basis is vital to giving TSS a high profile, too, according to Rob Taylour, head of Derbyshire Trading Standards.

In Derbyshire, the cabinet member for health and communities holds the purse strings for trading standards.

EXTERNAL FUNDING BIDS –

ALL YOU NEED TO KNOW Early preparation when bidding for external funding can save time and effort, ensuring your bid meets the funder’s criteria and is successful.

You must have a basic understanding of what your idea or project seeks to achieve and how it will be delivered. This may include:

Taylour makes sure he sees reports about his team’s work

●

every three weeks or so. These go through his boss, the

●

strategic director, who sits on the authority’s strategic management team, which reports to the chief executive.

For those without easy access to elected members and senior managers, Bull suggests officers start with their line manager: ‘Allow them to understand how important your service is, but you must be able to relate to your line manager on a personal level. For example, you have a mother who could be scammed on her doorstep; she could have children who drink soft drinks that contain too many brightly coloured chemicals – make it relevant to them as a person.’ Once you have done this, Bull says: ‘Ask line managers to introduce you to other services, such as public health and adult social care, but don’t make too many promises that you can’t fulfil.’

Media as a tool The profile of a service can also be raised through the media. ‘In my previous authority (Swindon) I had a direct line to the local newspaper editor,’ says Taylour. ‘Any time we had something that I thought was interesting in court, I would ring him. We built up a relationship, so we were not betraying confidences.’

Public safety Bull believes the messages that TSS need to portray have changed, too. The ‘sexy’ work – where companies are raided for fakes – is no longer important. It’s those products that pose a hazard to the public, such as ‘hoverboards’, that are the headline-grabbers now. He says: ‘In austere times, we need to say to senior managers and elected members that your TSS are protecting the public from a rip-off merchant looking to kill people. You need to show senior managers why the pounds, shillings and pence spent on TSS are more important than [that spent on] other services.

Trading standards impacts on everyone, because we’re all consumers.’

Options appraisal/business case Evidence of need and demand, including any evaluation of previous or current projects ● How you will involve beneficiaries of the project in the development and delivery – that is, consultation, working groups, volunteering and so on ● A short summary of the project ● Whether the project is capital, revenue or a combination of both ● Any estimate of costs associated, including any ongoing costs such as maintenance and staffing ● Consider working in partnership to maximise the impact of the project ● Duration and timeline of the project ● The impact the project will make – that is, beneficiaries and outcomes ● Details of people who are involved or people who have an ‘interest involvement’ ● Resources required developing and delivering the project, including financial and non-financial ● How will people who are directly involved, people who have an ‘interest involvement’ or people in general get to know about the project? ● What are the risks and how will you mitigate them? ● Do you require an exit strategy?

Raising your profile

the amount of consumer harm and benefit achieved during

Funders would expect you to be able to answer key questions about your project, too, such as: ‘What’: idea; activity; context; current position (baseline); aims; outcomes; outputs; and targets ● ‘Where’: delivery location and target area ● ‘When’: start time; delivery period; and end date ● ‘Why’: researching and justifying project need ● ‘How’: work plan; delivery approach ● ‘Who’: delivery team; beneficiaries ● ‘How much’: budget ● ‘What next’: sustainability; exit; evaluation; and lessons learnt ●

If the bid was unsuccessful, evaluate why; contact the funding body for feedback.

February 2016

Information courtesy of Robert Charnley, trading standards and licensing manager at Sandwell Council.

33

TOBACCO CO

million

�� �� �� �� �� ­€

%

Adults were smokers in 2013, 4 million of whom are likely to die prematurely as a result of smoking if they don’t quit

%

VS

of adults smoked

The reduction in smoking over the last 35 years

‚­�ƒ€

< % of adults smoked

%

15 year olds who are regular or occasional smokers

Complaints and enquiries: Â?. Received by councils in England

about illicit tobacco products

about underage sales activity

 councils responded (��%)

Â&#x20AC; Â councils responded (Â&#x201A;Â&#x20AC;%)

Â&#x201A;. About under-age sales Small retailers Independent newsagents Market/car boot sale Â?Â&#x17D;

Â&#x192;. About illicit tobacco products Â&#x152;Â?Â&#x17D; Â&#x201A;­Â&#x17D;

Â&#x192;Â councils responded (Â?Â&#x201E;%)

Small retailers Private homes Â? Â&#x17D;Â&#x2019;Â&#x2019; Independent newsagents Â?­Â&#x17D;Â&#x2019;Â&#x2019; Off licences Â?Â&#x17D;Â&#x2019;Â&#x2019; Other Â?Â&#x17D;Â&#x2019;

Â&#x152;Â&#x192;Â&#x17D;Â&#x2019;Â&#x2019;

Â&#x20AC; Â councils responded (Â&#x201A;Â&#x20AC;%)

Underage sales visits

underage sales made during test purchase activity

visits by volunteer young people conducting test purchases

visits undertaken in total Â&#x2026;Â&#x201A;Â councils responded (Â?Â&#x20AC;%)

of sales at small retailers were underage (Â?­Â&#x152;Â&#x2019;sales out of Â?­Â&#x192;Â&#x192;Â&#x2019;visits) Â&#x2020;Â&#x201E; councils responded (Â?Â&#x192;%)

Â&#x201E;Â councils responded (Â?Â?%)

34

February 2016

Source: Public Health England

Survey

Source: Tobacco Control Survey, England 2014/15: A Report of Trading Standards Service Activity, a CTSI report

standards activities to curb the habit in England: April 2014 to March 2015

Top seized illicit tobacco products Cheap white cigare es

��

Counterfeit hand-rolling tobacco

�� %

%

of councils seized these

the median average seized per council

sticks

of councils seized these

kg

the median average amount seized per council

Genuine non-UK duty paid hand-rolling tobacco

�� %

of councils seized these

Survey

NTROL

Smoking trends and a snapshot of trading

kg the median average amount seized per council

councils responded ( %)

Popular brands seized Cheap whites Mayfair Jin Ling Fest/Pect Richman

Illicit loose tobacco

Â?Â?Â?Â?  ­Â?Â? Â&#x201A;Â?Â?Â? Â&#x201A;Â&#x192;Â?Â?  councils responded (Â?Â?%)

Golden Virginia Amber Leaf Cu ers Choice The Turner Eastender Domingo Golden Medway

Â&#x2C6;­Â?Â? Â&#x2030;Â&#x201A;Â?

Â&#x152; Â?Â? ­ Â?Â? Â&#x2018;Â&#x201A;Â?Â? Â&#x2C6;Â? Â&#x152;Â? Â?Â?Â? councils responded (  %)

Countries of origin for illicit tobacco products identified by councils

found illicit cigare es were from Poland

discovered illicit hand-rolling tobacco from Poland

identified illicit cigare es from Russia

say illicit hand-rolling tobacco was from Belgium

�� ��

��

Deterrents and warnings issued for illicit tobacco products

%

Councils issued wri en or verbal warnings

%

Councils that issued cautions

Prosecutions in total

%

Councils that took formal legal action

The median number of prosecutions per council

Â?Â?Â? councils responded ( Â?%)

Disclaimer: For illustrative purposes only. Figures are taken from responding councils that recorded information. Not all councils responded to the survey, and not all recorded information for each category. See the Tobacco Control Survey for full results.

35

Opportunity

KNOCKS

Business is pleasure for entrepreneur Sharon Wright – a panellist at last

summer’s CTSI Conference – and she is never one to miss an opportunity.

Here, she actively encourages trading standards services not to, either

Words. Carina Bailey Images. Claire Wood

36

SPOTLIGHT SHARON WRIGHT

Spotlight

Dressed from head to toe in black, Sharon Wright looks every inch the British working mum but, with her warm smile, easy charm and eye for opportunity, she is anything but conventional.

Only eight years ago, Wright was a struggling single mum of one, recently separated and waiting (rather impatiently) for a BT engineer to try to thread a cable through a cavity wall using a coat hanger, when her first eureka moment struck.

Now, the savvy 46-year-old is an established entrepreneur – inventor of the MagnaMole, an ingeniously simple magnetic tool that threads cable through cavity walls – a public speaker and author of three non-fiction books, who is about to make her first foray into fiction writing, despite being dyslexic.

‘I can do anything I want if I put my mind to it,’ says Wright – and, she asserts, so can trading standards officers, who she believes are more than capable of

to look at the whole structure and at how they can make

transforming their services to a self-supporting model.

money – or self-support. Business people would be able

Some form of transformation will certainly be needed following Chancellor George Osborne’s plan

doing and what they were trying to achieve.’

for local authority funding, which he presented during

Wright is the first to admit that it will not be easy.

his Autumn Statement in November. It axes the central

There will be many challenges ahead for services looking

government Revenue Support Grant – upon which

to perform more efficiently – and in some cases turn a

trading standards currently relies for its funding – and,

profit – but she is adamant that, where there’s a will,

instead, gives councils control of their own business

there’s a way.

rates. Critics say the funding model is based on ‘dreams’

While trying to launch her own invention during

of business growth, which are expected to fill the funding

the deepest global economic recession since the Great

black hole faced by many local government services.

Depression of the 1930s, she has survived divorce,

Wright says that – in light of this, and without change

a mental breakdown, a flood in her office, a funding

– trading standards services only have another couple of

‘crunch’ that threatened to put her out of business

years left before they cease to function.

for good and a row with her original Dragons’ Den

‘Trading standards needs to treat their services more like a business,’ says Wright. ‘Charities have been doing it for years – they’re giving people jobs and a service that’s needed. Trading standards have no competition.’

She adds: ‘[Trading standards services (TSS)] need

38

to do that. They would analyse everything TSS were

investors that eventually led to her terminating their contract.

Despite these setbacks, and the challenging economic environment, she has not only survived but flourished.

How? ‘I just believed that if I could sell something I

February 2016

AGE: 46

trading standards] it just seems to be the way things have always been done, and no-one’s actually monitored it.’

It is this drive and passion – and business-savvy

HOME: She lives in Scunthorpe with her daughter, Molly, and their Westiepoo, Ollie

attitude – that Wright believes needs breathing into

CLAIM TO FAME: Most successful pitch ever seen on Dragons’ Den (appearance made in July 2009)

should be looking at the challenge in a positive, exciting

QUICK QUOTE: ‘Business is common sense.

You’re either making money or you’re not.

Like any other business, you don’t just leave it to develop in its own natural world, you need to progress and move it forward.

You need to ask: “Are we doing the right thing? Are we achieving? Are we ge ing the right result?”’

Spotlight

SHARON WRIGHT

trading standards to ensure the profession’s future. ‘It way to secure its future,’ says Wright. And those that can’t make the transition? ‘They’re dead wood. You don’t need those in any company.’

Wright had only limited experience of trading standards – despite navigating the maze of international legislation to sell her invention globally – before her appearance at the CTSI Conference last summer. Invited to join a panel during a plenary session, she decided to find out more about the service from her business associates, and was surprised by the results.

‘It’s awful, but trading standards does have this negative persona – like the police,’ she says. ‘If trading standards calls, you ask yourself: ‘What have we done

believed in, I could sell it to anyone,’ she says. ‘I knew that

wrong?” I think it needs to change that; it needs to be

after inventing this product in my own mind, if anyone

more approachable.’

was going to make it a success, it was me.’

Wright advises any trading standards officer or

Once that change has been achieved, Wright says the service will find it easier to charge for its business advice.

service with an idea for making money to think hard

Wright describes trading standards as a ‘manufacturer’ of

about their scheme – and how it will work – before they

business knowledge, with no-one to distribute it: ‘It could

speak to anybody else. This will ensure that they have

take this knowledge direct to market and make a profit.’

answers to every conceivable question a person could ask. She explains: ‘If you can’t sell it to yourself, you can’t

To do this she says the service needs to ask itself three key questions:

expect to sell it to anyone else.’

Wright admits that the hardest part for her, when

1. What does it want to get from its service?

she invented the MagnaMole, was to have a complete

2. What does it want to offer?

strategy in mind. She knew her invention would be

3. What is it going to charge?

compared to other products on the market, so it was vital she understood what made her product unique.

Wrights adds: ‘When I invented MagnaMole I knew

She believes businesses will pay because they know they’re being protected and guided by knowledgeable

exactly what I was offering, how much it cost, and

people, and this will provide trading standards services

what companies would be getting for their money. I did

with additional funding.

exhaustive trials to prove that it had saved BT £6.5m a year on downtime. It’s a unique selling point. [With

February 2016

39

TIPS FOR TSS Sharon Wright believes the trading standards profession needs to do five key things to make its services operate like a business: 1. Understand the services offered and what they are trying to achieve. What is trading standards’ unique selling point?

2. Ask: Where do all the financial resources go? What do officers spend their time on?

3. Look at ways to make current services self-sufficient so that staffing levels can be increased and the service isn’t dependent on the public sector

Spotlight

4. Improve the service’s image with businesses in their area 5. Plan how a service is going to move forward each year.

Be dynamic: if income or need lessens in one sector, a service should change to reflect this.

Traditional ways of working should not be persevered with simply because things ‘have always been done that way’

However, she does warn that any charging system has to be standardised, so that tariffs are fair no matter where a business is based in the country.

‘What trading standards officers don’t realise, is that they have the power and the knowledge [to make their services self-sufficient],’ says Wright. ‘They have the power because it’s a public service. They are in a fantastic position.’

Never one to miss an opportunity, Wright says: ‘The business model needs to be reviewed, which doesn’t take

– you must have demonstrated what you’ve achieved.

long. If I had an understanding of what they actually did,

CTSI could be the organisation to do that; it could make it

I probably would [be able to help].’

regulated.’

She says: ‘I like to do things where I know I can make

consultancy, and finds they are willing to pay if it means

like to do something where I can’t wait to get up in the

they can move their invention forward and make a profit.

morning – to be passionate about something that’s not

She doesn’t see why businesses wouldn’t be prepared to

just about the money you make. It would be lovely to be

do the same for advisory services, either.

remembered for having some sort of input into changing the dynamics of trading standards.’

Wright would like to see CTSI become an official regulator of business advice, offering training to those

She says: ‘Unless you try something, you can’t comment on whether you can do it or you can’t; I just think, give it a go, give it your best.’

She may have achieved much already, but her

that wish to offer it. She explains: ‘It really winds me up

aspirations are far from realised: ‘I would love to spend a

that people are being business advisers and charging for

year in government to see how it wastes money – it would

their services when they’ve never been to business school

be so interesting’ – but not until she’s finished writing

and they’ve never had a company. I think there should

her first novel. As Wright asks: ‘What’s stopping me?’

be some sort of affiliation that – to give business advice

40

Wright herself charges businesses up to £500 for

a difference. I’m not interested in doing the mundane; I

Good question.

February 2016

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

Major events: the way forward Enforcing rights protection

Can local authority trading standards protect the

programmes during global

events treated equally, and who carries the cost of

sporting tournaments

property rights of a major event? Are all brands and

CPPD

Words. Handley Brustad Images. Shu erstock

enforcement?

In 2012, the Olympic Games came to London, but as events were scattered across different cities, they affected almost the whole of the UK. The government had to introduce legislation to ensure a level of protection for the Olympic brand that has never before been seen in this country – and that is unlikely to be replicated. Had there been no protective legislation, the Games would not have been awarded to London.

Training of local authority staff – by the London Organising Committee of the Olympic and Paralympic Games (Locog), CTSI and the Olympic Delivery Authority (ODA) – provided a base of expertise wherever the Games were held. Despite a lot of angst from politicians and business over this so-called draconian legislation, the way local authorities enforced it proved effective and proportionate to the problems encountered.

Cardiff has six arenas in which to stage major events: the Millennium Stadium; the Swalec Stadium; Cardiff City Stadium; the Millennium Centre; Motorpoint Arena; and Cardiff Castle. Between them they have staged Olympic and World Cup football, FA Cup finals, Test cricket, grand

February 2016

41

CPPD

SPONSORED BY

prix speedway, rock and pop concerts, wrestling and heavyweight championship boxing. All of these events have to be organised and protected in different ways.

These venues are within a two-mile radius of Cardiff city centre and four are within 500m of the main shopping area. This gives a family feel to major events, encouraging people to stay over and savour the local hospitality. It is an opportunity to showcase the city and generate footfall.

What do organisers want?

Event organisers want protection for their brand, and for the trademarks associated with their event and its sponsors. They want to prevent ambush marketing – or any unauthorised association with the brand – and a crackdown on counterfeit tickets and on any abuse of the restricted resale conditions of genuine tickets. Only the touting of football-match tickets is prohibited under section 166 of The Criminal Justice and Public Order Act 1994.

Areas that need monitoring include: pop-up advertising; distribution of giveaways and free printed material; street trading; unofficial corporate hospitality; branded costumes; promotional vehicles; aerial advertising; ticket touting; and trademark infringements.

The staging of any major event requires support at the highest level from the local authority and its enforcement partners. In Cardiff, a Major Events Liaison Panel has

• Anti-Social Behaviour Act and section 166 of Criminal Justice and Public Order Act 1994 • Control of Pollution Act 1974 for the use of loudspeakers

standards, environmental health, health and safety, street

• The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (in

cleansing, and licensing, as well as outside agencies such

Wales, 1992 Regulations), to regulate placards

been created, to include planning, highways, trading

as the police, ambulance service and St John Ambulance.

The council’s chief executive wrote to businesses in the city to inform them of the potential benefits when major events are staged, and to outline how to trade fairly by giving details of legislation, such as: • Trade Marks Act 1994 and Copyright Designs and Patents Act 1988 to address counterfeiting and lookalikes • Environmental Protection Act 1990/Clean Neighbourhoods Act 2005, which addresses the distribution of pamphlets, leaflets and giveaways • Local Government (Miscellaneous) Act 1982, which tackles street trading and touting • Pedlars Act 1871 for street trading and touting

42

• Highways Act 1980, which addresses the obstruction of free passage

and advertisements on vehicles • Food Safety Act 1990, for labelling and composition issues • Food Hygiene Regulations 2006, which address general safety measures • Licensing Act 2003 for Temporary Event Notices Multi-agency teams are available throughout a major event, because there is as much abuse at the end of it as there is before. Infringers also don’t expect local enforcers to be out past normal finishing times.

The pre-empting of advice to business has proved to be very successful. In Cardiff, we encourage traders – usually those trading under a Pedlar’s Certificate – to send designs they propose to use on their products to their

February 2016

SPONSORED BY

local trading standards team. Officers can then decide if these are likely to infringe legislation. We have also given advice on goods that we feel infringe trademarks, design or copyright law, and on anything that is derogatory and likely to cause offence to others. A pedlar’s certification allows them to travel and sell products throughout the UK, not just within their authorising police area.

Rugby World Cup 2015 A tournament of 20 nations, playing 48 matches spread across 13 venues in 13 local authorities, all with differing resources, was the situation we faced when the 2015 Rugby World Cup (RWC) came to the UK – a coordination nightmare, or an opportunity to prove our ability to enforce uniformly across borders?

Training events were held for participating authorities and the RWC provided an online portal for enforcers to access brands and trademarks associated with the event. Many brands were involved – including the major sponsors of the tournament, the national teams and the kit manufacturers – and a total of 35 trademarks had to be considered. We were then faced with the problem of who to contact in the event of any infringement.

February 2016

Anyone requiring advice on se ing up a Major Event Liaison Panel, and information about how it operates, can contact author Handley Brustad on 0345 608 9535 or email LOintellectual property@tsi.org.uk

43

CPPD

SPONSORED BY

At each venue there was the added responsibility of fan zones, which accommodated those without tickets and provided entertainment and refreshment. On quarter-final Saturday – with fans from Wales, Ireland, Australia, New Zealand, France, South Africa, Scotland and Argentina all coming together – it has been estimated that more than 200,000 people were in Cardiff city centre.

On the first day of the tournament, more than 200 pedlars from all over the UK were in the city selling merchandise and refreshments. All had to be visited and checked to ensure compliance with the legislation we enforce. Distributors of leaflets also had to be checked because only political, religious or charitable flyers were allowed under an exemption in the Environmental Protection Act 1990/Clean Neighbourhoods Act 2005.

The 13 local authorities involved shared intelligence on possible criminal activities discovered, and informed each other about which traders had been given advice.

This proved useful in identifying traders who approached several authorities for advice on the same issue, clearly hoping for a different answer and the chance to say: ‘Well they said it was OK.’ All the authorities had a folder of trademarks relevant to the match being played, which was a great tool against offenders trying to use another company’s designs. RWC lawyers were also on hand at venues to offer advice on issues relating to property rights.

Results The third-place play-off and final were both staged at Twickenham, and the games were infringement-free zones. The only seizures were small quantities of T-shirts, hats, scarves, books and mugs bearing the trademarks of the RWC, the Irish, Welsh, English and New Zealand rugby unions, Adidas and Reebok. There were also seizures of food where unlicensed traders were found catering in unhygienic conditions, while several pubs were warned about issuing flyers around the stadium.

The success of minimising infringements was in no small part due to the proactive approach taken by the 13 local authorities, who spent time before the tournament educating and informing businesses on how to stay legal.

FEBRUARY ­

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

1. Are the organisers of major events only interested in the protection of their registered trademarks?

2. Do trading standards departments only have to consider Trade Mark Act offences?

3. Is the distribution of political, religious and charity pamphlets allowed?

4. Can certified pedlars only stay within the police area that issued their certification?

5. Has trading standards’ efforts to give advice to traders before major events been seen to have a positive effect in decreasing offences?

6. Do all major events have their own unique legislation to protect their intellectual property rights?

7. Was the resale of Rugby World Cup tickets strictly prohibited by legislation?

8. Is there a need to ensure the end of an event is as well regulated as the beginning of it?

Applicants who complete the module successfully will be given a certificate. The test must be taken before 22 April 2016.

Handley Brustad is a CTSI lead officer for intellectual property and principal trading standards officer at Cardiff Trading Standards.

44

Module 4 answers: 1. False 2. False 3. True 4. True 5. False (please note this question was rephrased online to read: ‘The regulations do not apply to devices intended to enable nicotine to be inhaled.’) 6. True 7. True 8. False

SPONSORED BY

EXCEPTION RULE TO THE

When does a customerâ&#x20AC;&#x2122;s right to cancel a contract end?

Words. Andrew Johnson and Carolina Bracken Images. Ge y Images

46

(Distance Selling Regulations) 2000 and the Cancellation

throughout the EU to achieve greater protection for

of Contracts made in a Consumer’s Home or Place of

consumers by expanding and clarifying their rights.

Work Regulations 2008 (the Doorstep Regulations). They

Despite significant progress, the risk remains that

create rights additional to those that consumers have

consumers may fall through the gaps of imprecisely

under the Consumer Rights Act 2015 in respect of goods

defined regulations.

that are faulty or not fit for purpose.

Here we consider Regulation 28 of the Consumer

Part 3 of the Regulations applies to distance and off-

Contracts (Information, Cancellation and Additional

premises contracts between a trader and a consumer3

Charges) Regulations (the Regulations), which create

where the cost to the consumer exceeds £42.4

exceptions to the consumer’s general right to cancel a

Regulation 4 defines ‘consumer’ in the same terms

contract. This article will focus on the ‘bespoke goods’

as section 2(3) of the Consumer Rights Act 2015: ‘An

exception and consider the practical difficulties of

individual acting for purposes that are wholly or

determining its scope.

mainly outside that individual’s trade, business, craft or

The purpose of the Regulations

profession.’ Trader is defined as: ‘A person acting for purposes relating to that person’s trade, business, craft

The Consumer Rights Directive (CDR) aims to balance

or profession, whether acting personally or through

the competing priorities of ensuring robust consumer

another person acting in the trader’s name or on the

protection and creating a competitive business

trader’s behalf.’

environment. As trading standards officers are doubtless

A ‘distance contract’ is concluded between a trader

well aware, a catalogue of legislation has been enacted to

and a consumer who are in different places, ‘under an

implement the CDR into UK law.1

organised distance sales or service-provision scheme’.

It is difficult to overstate the importance of these

The definition of ‘off-premises contract’ contained

regulations. Quite apart from the enhanced consumer

in the Regulations is somewhat convoluted. In

protection envisaged, both the EU and the UK

essence, it applies to a contract between a trader and a

government have acknowledged that strong consumer

consumer that is concluded somewhere other than the

protection can have positive economic benefits. For

trader’s business premises, or for which the offer was

example, while the impact assessment prepared by

made – or the consumer ‘personally and individually

the Department for Business, Innovation and Skills

addressed’ – elsewhere.

(BIS) acknowledges that businesses will initially incur expenditure as they adapt to comply with the

Right to cancel

Regulations, their wider net economic impact is estimated

Regulation 29 grants the consumer an extensive right

to benefit UK businesses by £2.6bn over 10 years2.

to cancel a distance or off-premises contract at any

The scope of the Regulations The Regulations apply to contracts concluded on or after 13 June 2014 and replace the Consumer Protection

February 2016

From the Bar

In recent years, there has been a concerted drive

time after the contract has been made, but within a set cancellation period.

The consumer can cancel the contract ‘without giving any reason, and without incurring any liability’.

47

From the Bar

inappropriate ‘given the nature of particular goods or services’, including bespoke goods; it offers ‘tailor-made curtains’ as a clear example of a bespoke good.

The rights are entirely one way; the trader has no

The rationale appears to be that to allow a consumer

comparable right to cancel.

The ‘normal’ cancellation period for a service contract

to cancel a truly bespoke order after the contract has

is 14 days after the contract was entered into.5 The period

been concluded could leave the trader with an item that

for a contract for the sale of goods expires 14 days after

is not suitable for resale. The trader would, therefore,

the day on which the goods came into the physical

be at risk of expending time and resources creating a

possession of the consumer.6 To exercise this right, the

specific item, while knowing that the consumer could

consumer must inform the trader of their decision to

cancel that item without reason at any time during the

cancel.7 This can be done by way of any ‘clear statement’

cancellation period.

Putting traders in this situation, without any financial

setting out their decision.

8

Cancellation of a contract under Regulation 29 has

protection, may discourage traders from entering into

the effect of ending the obligations of the parties to

such contracts, and so could reduce the market for

perform the contract.9 The trader must reimburse all

bespoke goods.

payments received from the consumer without undue delay.10 The trader need only reimburse delivery costs up

Scope of the exception

to the amount of the least expensive, generally acceptable

While the exception is not materially different from

delivery option offered by the trader.11

Regulation 9(4)(e) of the old Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc

Exceptions to the right to cancel

Regulations 2008 – ‘the supply of goods made to a

There are important exceptions to the far-reaching right

customer’s specifications, or clearly personalised, and any

to cancel. These include contracts for wine bought en

services in connection with the provision of such goods’ –

primeur*, contracts concluded at a public auction,

its precise scope remains unclear.

12

13

and contracts for goods and services where the price is

Limited assistance can be gained from the

dependent on fluctuations in the financial market outside

Implementation Guidance issued by BIS, which notes

the trader’s control.14 They also include an exception for

that not all items ‘made up following a consumer order’

‘the supply of goods that are made to the consumer’s

will be classified as ‘bespoke’. There appears to be

specifications, or are clearly personalised’15 – the so-called

an important distinction between items unique to the

‘bespoke goods exception’.

consumer and a good/service tailored to the consumer

Bespoke goods and services exception

from a range of options provided by the trader.

Where a consumer makes an order by selecting

The bespoke goods exception is drafted in identical

available component elements, offered as part of a

terms to Article 16(b) of the CDR, which, in turn, seeks

standard range, the trader does not risk being left with

to achieve the aims set out in Recital 49 to the CDR. The

an unsellable item if the consumer cancels that order.

Recital notes that a right to cancel a contract may be

The trader will be able to reuse the component parts for a different order; if the trader did not consider it realistic that a number of consumers would select each part, they would clearly not form part of their standard range.

For example, where a customer selects a wood stain

UNTIL A ‘BORDERLINE’ CASE DOES REACH A HIGHER COURT, THE LACK OF CLARITY WILL REMAIN, AND OFFICERS WILL CONTINUE TO ASSESS GOODS AND SERVICES ON A CASE BY CASE BASIS 48

from a range of 10 provided by a trader, that furniture would not be bespoke. In contrast, the furniture will be bespoke if the stain has been created, or obtained and used, by the trader specifically for that customer, to adhere to the customer’s unusual colour theme.

Similarly, if the consumer requires specific alterations to what would otherwise be a standard order – a non-standard finish or size – it is likely that degree of customisation would be sufficient to make

February 2016

KENYON BLOCK Consultants Specialist Recruitment

Tel: 020 8360 7289 www.kenyonblock.com

Associate Member of Chartered Institute of Environmental Health

From the Bar

the item bespoke. However, the guidance concedes that judgements of what is truly bespoke will ‘inevitably be on a case-by-case basis’.

The guidance gives one example of a bespoke product: personalised football shirts. It suggests that a customer should be able to cancel a shirt with the name of a particular footballer, but that a shirt bearing the consumer’s name ‘would be likely’ to constitute a personalised item.

It is clear from the carefully phrased caveat within the guidance that not even this example is absolute. For instance, it may be that the trader has in stock shirts with more common names, but will create shirts with more unusual names on an order-by-order basis. The consumer would order the item online and enter their chosen name into a box on the order page; the consumer would not know whether the shirt they received was made specifically for them or taken from pre-made stock.

It is doubtful that the drafters of the Regulations intended that the first author, Andrew Johnson, could order a shirt bearing his name and cancel without reason, whereas the second author, Carolina Bracken, could not.

At present, however, it cannot be ruled out that certain business models might produce that result.

Further, the requirement that distance selling must be achieved through an ‘organised… scheme’ risks excluding businesses that respond to, for example, ad hoc customer requests sent via email, rather than orders placed by choosing options on the trader’s website.

Conclusion The difficulty for trading standards officers is that, to date, the exception has not been considered by the higher courts. This is perhaps the result of an understandable reluctance on the part of enforcing authorities and consumers to litigate cases where the application of the exception remains so unclear. Until a ‘borderline’ case does reach a higher court, the lack of clarity will remain, and officers will continue to assess goods and services on a case-by-case basis. * Buying vintage wine in the barrel in the hope it will be cheaper than when it is bottled and comes to market

Andrew Johnson and Carolina Bracken are barristers at 5 Paper Buildings.

50

References 1. Implementation has primarily been through the Regulations, the Consumer Rights (Payment Surcharges) and the Consumer Rights Act 2015, which collectively are said to be intended to achieve ‘a fundamental reform of UK consumer rights, which will contribute to markets working more effectively, thereby driving economic growth’: paragraph 2.1, Explanatory Memorandum to the Consumer Contracts Regulations 2013, Department for Business Innovation and Skills.

2. Paragraph 10.1, Impact Assessment.

3. Regulation 27(1).

4. Regulation 27(3).

5. Regulation 30(2).

6. Regulation 30(3).

7. Regulation 32(2).

8. Regulation 32(3)(b).

9. Regulation 33(1).

10. Regulation 34(1) and (4).

11. Regulation 34(3).

12. Regulation 28(1)(d).

13. Regulation 28(1)(g).

14. Regulation 28(1)(a).

15. Regulation 29(1)(b).

February 2016

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Consumer Affairs & Trading Standards Conference & Exhibition 2016

The leading consumer affairs & trading standards event in Europe The International Centre, Telford Monday 20 June - Thursday 23 June 2016

#CTSICONF

Making connections, sharing knowledge

Attend the 2016 Conference plenary sessions and join in the following stimulating debates...

Tuesday 21 June: Question time with Leon Livermore In which a panel of experts discuss the hot topics of the day, with questions from the floor.

Speakers Catherine Brown, Chief Executive, Food Standards Agency (FSA) Cllr Anita Lower, Lib Dem Newcastle North Yvonne Rees, Strategic Director, Surrey County Council Andrew Haldenby, Director Reform (invited)

Wednesday 22 June: Raising standards with Matt Allwright Conference will investigate the various approaches to raising standards in products and consumer care in business. Under a government that wants to keep cutting the red tape, which methods ensure that businesses, large and small, retain and grow the confidence of consumers? What will have the greatest impact on improving the standards of service, safety, quality and pricing?

Our speakers will look at the tools in place to improve and protect business and businesses intellectual property, the rise of numerous different service models in local authorities to drive delivery, and the role of us all in maintaining and raising standards, both in business and in regulation and enforcement.

Speakers Vicky Pryce, Chief Economic Advisor, Centre for Economics and Business Research, CEBR Paul Baxter, Chief Executive, National Federation Retail Newsagents (NFRN) Emran Mian, Director, Social Market Foundation Dave Holland, Head of Regulatory Services, Cardiff Dr Julie Madigan, Chief Executive, The Manufacturing Institute Lord Jamie Lindsay, Chairman, UKAS

Thursday 23 June: Public health and sustainability Where does responsibility for our health lie? Is it down to the state to intervene and regulate against salt or to celebrities chefs to call for taxes to drive down sugar intake? Or should it be down to communities to use their own assets and leadership to empower people to help themselves to improved health and wellbeing?

Since the 2010 Marmot review â&#x20AC;&#x2DC;Fair Society, Healthy Livesâ&#x20AC;&#x2122; there have been several reports and local case studies on the impact of using local assets to drive change. Assets like family and friends, community participation, community based influencers and support systems like organised religions.

Evidence shows that it is not always rules, buildings and enforcers which improve our wellbeing, but feeling supported, valued and empowered.

Conference asks, do cuts to local government spending mean policing food and health by regulations and regulators are no longer an option? Is the imperative now on trading standards to further develop its partnerships with communities and companies with strong Corporate Social Responsibility policies to deliver messages and empower people to personally drive down health inequalities between classes and postcodes.

Speakers Tim Ryecroft, Director Corporate Affairs, Food and Drink Federation (FDF) Liz Noakes, Public Health Director, Telford and Wrekin Mark McGinty, Team Leader Trading Standards, The Highlands Council Facilitator Victoria Macdonald, Health and Social Care Correspondent at Channel 4 News Professor Simon Capewell, Public Health and Policy, University of Liverpool (invited) Dan Jones, Director, Innovation Lab NESTA (invited)

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