Ofgem ‘transformed’ to strengthen protections for energy consumers

Billpayers ‘set to benefit from a stronger energy regulator to ensure they are treated fairly’

  • Energy regulator Ofgem reformed to introduce stronger protections for consumers
  • Households supported with faster redress if they are let down by their supplier
  • Energy executives incentivised to act in consumers’ best interests

Billpayers are set to benefit from a stronger energy regulator, under reforms of its remit set out by the government today (22 April). 

The transformation will empower the regulator to ensure energy consumers are treated fairly, including measures to guarantee good practice in the market. This is the first major update to Ofgem’s scope since the regulator was founded in 2000. 

The comprehensive overhaul will give Ofgem new powers to act as a true consumer champion, including: 

  1. Stronger powers for the regulator to enforce consumer law directly, meaning it will no longer need to go through a lengthy courts process to make sure customers get what they are owed if companies treat them unfairly; 
  2. Measures to ensure energy bosses act on behalf of consumers, with powers for Ofgem to ban their bonuses if they break the rules;  
  3. Reforms to the regulator’s remit to focus on economic and consumer protection and ensure every energy consumer is protected, including the ability to regulate in new areas of the market if needed. 

Since Ofgem was established, the market has grown more complex, with a wider range of products and services for consumers to choose from – with growing numbers of customers in parts of the market which are covered by little, if any, regulation. 

That includes heating oil customers, who have seen prices spike following the start of the ongoing conflict in the Middle East. Last month the government announced funding worth over £50 million to support low-income families reliant on heating oil, and committed to introducing new consumer protections to the sector.  

The changes announced today mark another step in that process, transforming Ofgem so that it is fit for the future and can ensure all consumers in today’s energy market are supported. 

Energy Secretary Ed Miliband said:  “This Government is fighting people’s corner, and today we set out steps to strengthen protections for energy consumers.

“This includes tough and fair measures to ban energy company bonuses if they break the rules.”

Minister for Energy Consumers Martin McCluskey said: “Every household must be given a fair deal, and today, we transform our energy regulator to give families stronger protections. 

“We’re giving Ofgem stronger powers to fight consumers’ corner, changing their remit so they can protect every consumer, and introducing new measures so they can hold energy executives to account. 

“We’re making the market work for those who use it, working with the regulator to make sure customers are put first. 

“We will continue to stand up for working people and fight their corner as we tackle the affordability crisis – our number one priority.”

Interim Ofgem CEO Tim Jarvis said: “Great Britain’s energy system is going through the biggest changes in our lifetimes, and the regulator needs to be able to keep pace with that change.

“This review sets out ambitious, necessary reforms that will enable Ofgem to meet the challenges of regulating an increasingly electrified and flexible energy system and protect consumers so they can engage confidently in markets offering new products and services.   

“We have delivered significant reforms in recent years, but this review enables us to make changes at a more systemic level to ensure we are delivering an energy system that works for consumers, that is attractive to investors and provides a stable, reliable environment for participants in the industry.

“With the tools, remit and clarity to deliver this, we look forward to working with the Government, consumer representatives and the energy sector to drive the change that’s needed – both in Ofgem and across the energy sector.”

To deliver the shift, Ofgem’s remit will be streamlined to focus on its core functions as an economic and consumer protection regulator. This involves removing Ofgem’s responsibility for oversight of home upgrade schemes in a role that is set to be performed within government by the Warm Homes Agency. 

This will help equip Ofgem to drive forward clean power and economic growth, ensuring regulation supports innovation, unlocks investment in Britain’s electricity networks, and helps to modernise the energy system.  

Ofgem’s capabilities will also be reformed, with its technical expertise strengthened, its use of data improved and its approach to risk reassessed – enabling the regulator to take faster decisions in the interests of consumers. 

They will also develop a workforce plan, building on changes already underway, to ensure staff have the right skills to deliver the changes required, supported by stronger board‑level oversight of skills and culture. 

The changes build on the reforms the government and regulator have already delivered to rebuild the energy retail market and improve standards in the sector – driving customer satisfaction with their suppliers to record highs.   

They follow the government’s proposals to protect energy consumers with fairer, quicker and easier access to compensation when they are let down, as well as Ofgem’s plans to make sure suppliers’ Guaranteed Standards of Performance reflect the evolving energy system. 

The plans come as the government is continuing to fight people’s corner in response to the impacts of the conflict in the Middle East. Yesterday (21 April) the Energy Secretary set out plans to go further and faster on the mission to make the UK a clean energy superpower and protect people from the increasing global fossil fuel price shocks. 

Gillian Cooper, Director of Energy at Citizens Advice said: “We welcome the actions set out in the review, which will strengthen consumer protections, enable a fair transition to green energy and give Ofgem the tools it needs to enforce the rules. 

“Ofgem should now seize the opportunity to bring about a more innovative market, with better choices and protections for consumers, ensuring energy suppliers know there are real consequences for falling short.

“Effective regulation is one pillar which underpins a well-functioning energy system.  But consumers also need strong advocacy, trusted advice and the ability to get problems sorted quickly and fairly, so they can make informed decisions and know they won’t be left out of pocket if things go wrong.”

Laura Sandy CBE, Chair of the Energy Network Innovation Taskforce and Green Alliance said: “Excellent to see that the review is focused on the clarity of Ofgem’s role, streamlining its role to become a truly modern regulator, moving from technology-based regulation to a consumer centric model and being responsible for driving growth.  

“While, consumer protection and network regulation are the core functions, I hope that these roles also mean driving growth, unlocking wider societal opportunity and delivering customers greater choice.  

“The culture within the organisation is a strong theme throughout with the need to move from a process, input regulator, to a dynamic opportunity and risk regulator.  Crucially there are excellent recommendations around independent assessment on progress supporting Ofgem in the delivery of their new remit.”

Tax agency stopped from operating by HM Revenue and Customs

A company which charged taxpayers significant sums to make claims for tax refunds has been stopped from operating.

Tax Credits Ltd (TCL) can no longer trade as a repayment agent after HM Revenue and Customs (HMRC) found they had committed serious anti-money laundering breaches.

As a result of breaching the regulations, which are predominately designed to prevent businesses being exploited by criminals to launder money, it is now a criminal offence for TCL to trade as a tax repayment agent.

The move comes weeks after HMRC outlined greater protections for customers using repayment agents.  

Taxpayers can use repayment agents to make claims for repayment of tax, and while many customers are happy with the service they receive, a large number of taxpayers have complained about the lack of transparency in agents’ processes for signing up clients and high charges for using their services.  

Angela MacDonald, HMRC’s Deputy Chief Executive and Second Permanent Secretary, said:  “TCL have ignored their responsibilities under the anti-money laundering measures designed to protect us all from financial crime.  

“We will not allow a small number of bad actors to tarnish the reputation of the whole tax agent sector. 

“It is crucial taxpayers understand the entitlements they can claim directly from HMRC and are properly protected from the misleading tactics used by some repayment agents. The greater protections we’re bringing in will help to stop people unwittingly losing their hard-earned money to misleading agents.” 

Around 11,000 TCL clients, whose claims had been paused during investigations into TCL, will now receive their tax refund directly from HMRC. 

HMRC will contact all affected clients by the end of March to explain their refund. The refunds will be made automatically – customers do not need to contact HMRC to receive their payment.

In response to public concern, HMRC recently consulted on how to protect taxpayers using repayment agents and unveiled a package of measures last month, which included stopping the use of legally-binding ‘assignments’ as part of claiming an Income Tax repayment, improving agent standards and a requirement for repayment agents to register with HMRC. 

HMRC urges anyone thinking of using a tax repayment agent to carefully consider their options when appointing a tax adviser to act on their behalf. Taxpayers are urged to do their research before committing to anything, and are reminded that they, not the tax agent, are ultimately responsible for their own tax affairs. 

Taxpayers are advised to be particularly careful when clicking on online ads as some unscrupulous repayment agents have made their customer sign-up pages appear to be mere requests for more information. 

Anyone who thinks they are owed a tax rebate can make claims direct with HMRC via GOV.UK; they can do this for free and will receive 100% of any refund. 

If a taxpayer can show a tax repayment agent has made an invalid claim with HMRC on their behalf, they can contact HMRC.