The road to "Rip off britain" - The Hampton principles
By Value hunter on Mar 9, 2012 | In In real life, Bad business, Frugal wars, Quango watch, Rip off Britain
What are the "hampton principles?"
Hampton principles come from the Hampton report, commissioned by the government in 2004, completed and presented in March 2005.
They were a set of rules for mainly five regulators and local council enforcement bodies, like trading standards, etc.
The then government were so impressed, they accepted all the recommendations in the reports findings and implemented them across the board, in all areas of regulation and enforcement. They became statute law in 2008, but by then they were already in place across all areas of regulation.
The idea was to "reduce administrative burdens on business caused by regulations"
The backbone of "Rip off Britain" is the implementation of "risk based assessment," regulation and enforcement.
A business complies with trading standards or it's industry regulator, in return for this "compliance" it receives less audits, no inspections, self provision of information to the authorities and less requirement of it, reliance on the head office policy for bigger businesses, in effect a green light, etc.
Under the Hampton principles, the needs and costs of the business must be considered before the action is taken - if it would increase expense/administrative burden on the business or industry, under law it cannot be enforced.
Problems with "Risk based assessment"
* Philip Hampton who wrote the report, is a corporate businessman. Consultation for his report was, we are told, wide and far reaching. The problem is, the consultation was almost entirely made up of big businesses, trade associations, regulators and enforcement bodies. The number of actual consumers consulted, you can count on one hand. The report was written by business for the benefit of business.
From the government's report, "Hampton: From enforcement to compliance";
- The word "business" is quoted 232 times.
- The word "consumer" is quoted just 30 times.
- "Putting the consumer/customer first" is mentioned just once! (On page 26 if you want to check)
(Source: http://www.hm-treasury.gov.uk/d/hampton_compliance281106.pdf)
* Once a business is seen as "compliant" with its regulator and enforcement bodies, and the benefits this brings for them, it is almost impossible to lose this status. Thousands of identical complaints, a "super" complaint by a consumer body or a national outcry from the media, is the only instances that seem to be a reason for enforcement bodies such as the OFT or trading standards (for example) to register a complaint against their name. It takes several of these registered complaints before the business' even has chance of flagging up, with the enforcement body, that they maybe flouting the laws and at risk of losing their "compliant" status. This is made worse still, as if the business have "worked closely with [insert enforcement body here]" they are more inclined to raise issues during a meeting with the business top brass rather than inspections. As you will see from examples given later, this is neither use nor ornament. As a way of regulating it is non existant!
* If any action by the regulator/enforcement body, is to be taken against a corporate or business, it must pass the "needs of the business" test. If the action would cause detriment to the business, ie, cost it more money, then it cannot be enforced.
This could be because the business has to prepare answers for any enforcement body, costing it more in bureaucracy and staff, it could result in requiring retraining staff, again at more cost to the business.
Under "risk based assessment" law for regulators and enforcement bodies, action of this kind by those "watching out for the consumer" are, oddly, not permitted to act!
* "No inspections" - How exactly does a regulator/enforcement body carry out their work without inspecting businesses?
* "Risk based assessment" allows trading standards (for example) to focus resources on rogue traders - admirable as that maybe, it doesn't help the issue of enforcement of the law does it?
Rogue traders are a minority of businesses and one man bands, what about the damage done by corporate and big businesses?
Only today, the OFT removed the credit license of Yes loans, splashed all over the news. Good?
Look at the background of the case... you'll see the regulation (or lack of) was not so good! According to the BBC website, Yes loans have been "under investigation" since 2009 - customers that were charged up front fees for setting up a loan have taken months to get them back, it was down to the individual to fight their corner. What were the FSA doing for almost 3 years?
Risk based assessment regulation and enforcement in action, or the lack of regulation/enforcement leaving ordinary people to fight for themselves? Which ever way it's marketed to the public, the Hampton principles or "risk based assessment" in regulation urgently needs abolishing, not my words, but the words of top brass in the world of business.
Our next post will show how this principle effects every household in the country...
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