Select Committee on Trade and Industry Fifth Report


6 Problems with process

45. As described above, the energy companies laid great emphasis on the length of time they took and the number of attempts to contact the customer they made before proceeding to disconnection.[78] Ofgem described the regulatory requirements as providing "substantial safeguards" against companies' moving too quickly to disconnection.[79] The ERA told us that disconnection did not occur until after "at least a three month process".[80] The complaints made to Energywatch by customers who said that they had had little or no contact with their supply company before their electricity or gas was disconnected indicate that these processes do not always work.[81] We are also aware of such problems through our constituency work. Unfortunately, there is no hard information on the scale of the problem.

46. It is not clear to us how many of the supply companies at present have implemented procedures as comprehensive as those described by British Gas,[82] nor can we be sure of the extent to which best practice has been adopted in the industry. We therefore ask Ofgem to assure us that all supply companies have committed themselves to this type of process.

47. On the question of actual implementation of proper procedures, we are pleased to record Ofgem's statement that it could and would impose financial penalties on companies that were not implementing debt-handling procedures properly.[83] Ofgem's quarterly reports on progress in its Social Action Plan provide a useful mechanism for keeping up the pressure on companies to follow their procedures. We urge any advisory bodies and charities involved in supporting customers in fuel debt—including Members of Parliament—to report to Energywatch any clear examples of failure by companies to follow adequate debt-repayment procedures; and Energywatch must notify Ofgem of any companies with poor records.[84]

Priority Services Register ('PSR')

48. The supply companies are required under their licences to provide special services to customers on their Priority Services Register. Those eligible for registration are people who are of pensionable age, blind, deaf, otherwise disabled, or with a long-term medical condition. The services provided include repositioning of meters, redirecting bills to third parties, and quarterly meter readings, all of which may be of use to customers experiencing difficulties in paying for their fuel. The Register also contains information about any special needs that a customer may have in respect of energy supply. This and the general eligibility criteria for the PSR help companies to identify vulnerable customers. Unfortunately, only the customers themselves can ask for inclusion on the PSR: no one else can refer them.

49. Our witnesses agreed about the importance of registering eligible people. However, at the time of our oral evidence session, commentators were suggesting that the PSR was not working as well as had been hoped: customers were not aware of the service, a comparatively small proportion of those eligible were registering, and there were concerns that the energy companies were making too little effort to maintain the PSR. Energywatch reported to us that, when it undertook a 'mystery shopper' exercise by telephone, some staff had even denied that their company had a PSR.[85] Some of the companies claimed that they proactively encouraged vulnerable customers to register, but the charities felt that they could do far more to promote awareness of the PSR and persuade at risk customers to register.[86]

50. Since our evidence session, further work by Ofgem has confirmed low awareness and use of the PSR by eligible people. Both Energywatch and Ofgem have recently made considerable efforts to publicise the existence of the PSR and the benefits of registration,[87] and the ERA claims that companies have made progress in training staff to recognise those potentially eligible and make them aware of the scheme.[88] However, Ofgem's research shows that much remains to be done.

51. In its September paper, the Energy Retail Association suggested a number of ways in which the Government could help to publicise the Priority Services Register. It proposed that health workers and providers of social services encourage those eligible to register; that information could be targeted at families on child benefit, and that leaflets on the PSR could be made available in benefit offices, doctors' surgeries, schools, and the offices of housing associations and local authorities.[89] All of these suggestions seem sensible. We ask the Government to inform us which are being taken up.

Warrants process

52. If, despite their efforts, companies are unable to contact their customers about outstanding bills, they may as a last resort apply for a warrant to allow entry to the premises to disconnect supply. The companies are supposed to ensure that they have exhausted all other approaches, and they have to provide assurance to this effect, on oath, to the magistrates to whom they apply for a warrant. However, Energywatch said that the companies did not take the warrant application process seriously enough. Fairly junior company officials made the decision that enough effort had been made to contact the customer and—Energywatch implied—there might be a temptation to end the attempts at contact as this reduced their caseload. The magistrates, who were supposed to provide a final check on the need for a warrant, were faced with piles of applications, and, in some areas, the magistrates examined only a few in detail and then simply signed the rest.[90] Energywatch suggested it should be mandatory that, in order to obtain a warrant, a responsible senior official from the company should certify that all appropriate checks had been made, that the debt was genuinely owed to the company, the address was correct, and that the company had obeyed all its licence conditions and had followed best practice in debt processing.[91]

53. British Gas acknowledged that in 2003 it had processed 60,000 warrants, but noted that a significant proportion of those related to properties that were later found to be unoccupied.[92] It rebutted Energywatch's suggestion that the warrant application process was cursory, and listed the proofs of due process that its officers had to provide on oath to the magistrates.[93] Ofgem, however, thought that Energywatch's suggestion was sensible: companies should have good processes that were 'signed off' at an appropriately senior level to demonstrate that the issue of a warrant was justified.[94]

54. We agree with Ofgem. If the companies' processes are as thorough and robust as they claim, then there should be little difficulty in relatively senior company officials' satisfying themselves that proper procedures have been followed in full, and signing a document to confirm this. We ask Ofgem to inform us what progress has been made in pursuing Energywatch's proposal.


78  App 7 (ERA), App 2, paras 3.2 and 3.4 and Annex (BG), Q 42 (ERA) Back

79  Q 124 Back

80  App 7 Back

81  App 9, passim Back

82  App 2, para 1.3 and Annex Back

83  Q 141 Back

84  See appeal from Ofgem: Q 159 Back

85  Q 10 Back

86  App 2, para 3.2(c) (BG); Q 114 (NEA) Back

87  See, for example, Ofgem press release no. R/78, dated 30 November 2004, 'New research identifies need to target vulnerable customers more effectively' Back

88  September paper, p 18 Back

89  IbidBack

90  Qq 16 and 7 Back

91  Q 7 Back

92  Q 82 Back

93  App 3, para 3.5.1 Back

94  Q 132 Back


 
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