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Update on Consumer Protection Landscape Reforms

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Update on Consumer Protection Landscape Reforms Update on consumer protection landscape reforms APRIL 2014 Our vision is to help the nation spend wisely. Our public audit perspective helps Parliament hold government to account and improve public services. The National Audit Office scrutinises public spending for Parliament and is independent of government. The Comptroller and Auditor General (C&AG), Amyas Morse, is an Officer of the House of Commons and leads the NAO, which employs some 860 staff. The C&AG certifies the accounts of all government departments and many other public sector bodies. He has statutory authority to examine and report to Parliament on whether departments and the bodies they fund have used their resources efficiently, effectively, and with economy. Our studies evaluate the value for money of public spending, nationally and locally. Our recommendations and reports on good practice help government improve public services, and our work led to audited savings of almost £1.2 billion in 2012. Contents Summary 4 Part One Background and objectives of the reforms 5 Part Two The new consumer protection landscape 8 Part Three Issues to consider in future work 16 The National Audit Office study team consisted of: Stephanie Bryant, Charlie Gluckman and Anna Sydorak-Tomczyk, under the direction of Alex Scharaschkin. This report can be found on the National Audit Office website at www.nao.org.uk For further information about the National Audit Office please contact: National Audit Office Press Office 157–197 Buckingham Palace Road Victoria London SW1W 9SP Tel: 020 7798 7400 Enquiries: www.nao.org.uk/contact-us Links to external websites were valid at the time of Website: www.nao.org.uk publication of this report. The National Audit Office is not responsible for the future validity of the links. Twitter: @NAOorguk 4 Summary Update on consumer protection landscape reforms Summary 1 Consumer law aims to protect consumers from harm that may result from various activities, such as unfair commercial practices or scams. The responsibility for protecting consumers spans several organisations, which make up the UK’s consumer protection landscape. These organisations share responsibilities for consumer protection in several areas, including: • enforcing consumer protection; • consumer information, advice and education; and • consumer advocacy. We scrutinised the consumer protection landscape in our 2011 report Protecting consumers – the system for enforcing consumer law. The report’s findings prompted the government to introduce changes to the consumer protection landscape. 2 This paper summarises recent changes to the consumer protection landscape arrangements that were completed in April 2014. It also sets out the proposed benefits of these new arrangements to consumers, businesses and taxpayers as well as the possible risks to be managed. The paper includes: • a brief description of the previous arrangements for the consumer protection landscape, including the organisations involved and their main responsibilities; • an outline of the new consumer protection landscape arrangements and the responsibilities of the organisations involved; • a timeline of the changes; and • issues that we could consider in future value-for-money work. 3 We spoke to several organisations directly involved in the consumer protection reforms, to build up our knowledge and understanding of the issues involved. They were: • the Department for Business, Innovation & Skills; • the Office of Fair Trading; • Consumer Futures; • the National Trading Standards Board; • the Trading Standards Institute; and • Citizens Advice. These interviews allowed us to better understand existing concerns about the changes and some of their potential effects on consumers. Update on consumer protection landscape reforms Part One 5 Part One Background and objectives of the reforms 1.1 We examined the consumer protection landscape in 2011, and our report Protecting consumers – the system for enforcing consumer law 1 described the interactions among the organisations involved. Figure 1 on page 7 is adapted from that report and outlines the consumer protection landscape in 2011. 1.2 In 2011, the Department for Business, Innovation & Skills (BIS) had overall responsibility for the consumer protection landscape. Several other bodies also had relevant powers: • The Office of Fair Trading (OFT) was responsible for enforcing national priorities for consumers.2 The OFT was funded by, and accountable to, HM Treasury for these activities. The OFT was also responsible for providing consumer advice and information and for operating Consumer Direct, a telephone service for consumer complaints and advice. • The Trading Standards Services (TSS) were responsible for all local consumer law enforcement and were funded by local authorities. TSS could also tackle regional or national enforcement cases; however, the responsibility and funding for these cases was unclear and was split between TSS, the OFT and BIS. • BIS set up and funded regional teams, such as Scambusters and Illegal Money Lending, to tackle regional enforcement gaps and to target specific illegal practices. These teams required authorisation from local TSS to operate within a local authority. • BIS also funded Consumer Focus, a consumer body operating across the whole of the economy in Great Britain and covering postal services in Northern Ireland, with specific responsibilities to act as consumer advocate in the regulated gas, electricity and postal services markets. Consumer Focus was a consumer policy and advocacy organisation designed to address market-wide problems such as fuel poverty. 1 Comptroller and Auditor General, Protecting consumers – the system for enforcing consumer law, Session 2010–2012, HC 1087, National Audit Office, June 2011, available at: www.nao.org.uk/wp-content/uploads/2011/06/10121087.pdf 2 National priorities mean consumer enforcement work that is directed towards meeting national policy objectives. 6 Part One Update on consumer protection landscape reforms • Citizens Advice, an independent charity with a network of its bureaux across England and Wales, provides free and independent consumer advice. To provide consumer advice and information, Citizens Advice received 75 per cent of its funding from BIS in 2011-12 and was accountable to BIS for this spending. • The Trading Standards Institute (TSI) gathered trading standards professionals to discuss priorities for consumer protection enforcement. • The Competition Commission was a competition body that investigated particular markets that cause harm to consumers. All of its inquiries followed referral from other organisations, mainly the OFT. 1.3 Our 2011 report concluded that the consumer protection landscape was not achieving value for money because the delivery landscape was very fragmented and was therefore not functioning properly. In addition, the report showed that: • Accountability arrangements for achieving national priorities were unclear, demonstrated by poor performance reporting at the system level. • The governance arrangements for the consumer law enforcement system were not clear, as shown by the development of two separate and incompatible national intelligence databases.3 1.4 After the publication of the Committee of Public Accounts’ 2011 report, the government started to plan the consumer protection landscape reforms.4 BIS established the following objectives: • to reduce the complexity surrounding the consumer protection landscape – and the publicly funded institutions that exist to help consumers; • to strengthen the effectiveness of enforcing consumer rights; and • to ensure that activities aimed at empowering consumers are delivered more cost-effectively, in a way that links national and local intelligence about the problems consumers face.5 3 Comptroller and Auditor General, Protecting consumers – the system for enforcing consumer law, Session 2010–2012, HC 1087, National Audit Office, June 2011, p. 11, available at: www.nao.org.uk/wp-content/uploads/2011/06/10121087.pdf 4 HC Committee of Public Accounts, Protecting consumers – the system for enforcing consumer law, Fifty-fourth Report of Session 2010–2012, HC 1468, October 2011, available at: www.publications.parliament.uk/pa/cm201012/cmselect/ cmpubacc/1468/1468.pdf 5 House of Commons Library, Government proposals to change the consumer landscape, Commons Library Standard Note SN/HA/6021, January 2012, available at: www.parliament.uk/briefing-papers/SN06021.pdf Update on consumer protection landscape reforms Part One 7 Figure 1 The consumer protection landscape in 2011 Department for Communities Department for Business, HM Treasury and Local Government Innovation & Skills (consumer policy lead) Local authorities Trading Consumer Competition Standards Focus/Futures – Commission Institute £18m for 2010-11 (including £12.6m from BIS) Trading Standards Services – Office of Fair Trading – Partnership and (£213m for 2009-10) and regional groups coordination £26m (of which £13m for Consumer Direct (Scambusters, Illegal Money Lending Teams, etc.) £8m until March 2012). Citizens Advice Service £62.7m during 2011-12 (including £47m from BIS: grant in aid, investment in infrastructure, face-to-face debt advice, and transition funding for additional consumer functions. BIS also provided £4.6m for Citizens Advice Scotland) Funding Accountability Local priorities National and regional priorities National priorities Notes 1 BIS – Department for Business, Innovation & Skills. 2 Total expenditure for Trading Standards Services covers
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