Is trading standards doing enough to catch criminals?
Consumers are being put at risk due to the collapse of services supposed to investigate rogue traders, dangerous products and counterfeit goods, Which? is warning.
Our damning trading standards in crisis report, published today, shows that many complaints to trading standards go uninvestigated and proactive checks to ensure compliance with consumer protections are no longer happening in many authorities.
Shockingly, one fifth of trading standards teams reported no criminal prosecutions in the 2023-24 financial year.
This means it's likely that criminals know the chances of facing serious legal consequences are next to zero.
No criminal prosecutions
Trading standards teams across the country have the power to investigate rogue traders and prosecute the most egregious offenders, but many are stretched too thinly to do this properly.
Our new trading standards in crisis report details how we used the Freedom of Information Act to ask all 187 trading standards teams in England, Scotland and Wales about resourcing, priorities and enforcement action.
Shockingly, one fifth (36 out of 187) trading standards teams reported no criminal prosecutions in the 2023-24 financial year. A further 25 reported only one criminal prosecution.
Those with no criminal prosecutions included Liverpool and the three London boroughs of Merton, Richmond and Wandsworth.
Of course, prosecutions aren't the only enforcement tool available to trading standards officers, but it is perhaps surprising that some very large teams haven't reported any.
Our research also found that some trading standards teams in the country have fewer than one member of staff per 100,000 people. And several have deprioritised proactive inspections on businesses and issues, such as counterfeit goods, scams, and weights and measures.
- Find out more: spot and protect yourself from scams.
Pensioner targeted by cowboy builders demanding £5,000
This all means consumers are put at greater risk from rogue traders.
We heard from one pensioner who fell victim to cowboy builders, which he said was made worse by trading standards’ dismissive handling of his case.
He was so concerned about facing retribution that he'd only speak on condition of anonymity, so we're calling him Mr Smith.
Mr Smith asked some traders to do some painting of the outside of his house after they unexpectedly knocked on his door, offering to look at his roof. After one of the traders got up on the roof, there was a loud bang, and the trader came down to say that the roof was damaged and it would cost more than £5,000 to fix it.
Mr Smith believes the trader deliberately damaged his roof. He said the three men 'crowded round' him and he ended up paying them almost £400 to go away.
Mr Smith contacted his local trading standards team at Barnet Council, but said they ‘weren’t interested.’
Barnet Council told Which?: 'While we can't comment on individual cases, our trading standards team is fully committed to ensuring that consumers are protected and that rogue and illegal traders face consequences.'
This is one of many stories Which? has heard from consumers who feel like they've not been helped enough by their local trading standards teams. These experiences range from falling victim to cowboy builders to buying potentially dangerous cosmetics from third-party sellers on online marketplaces.
How to spot a rogue trader
Rogue traders can cause emotional distress as well as financial loss. But there are steps you can take to try to minimise the risk.
To start with, when employing a trader, it's important to check reviews from multiple sources and consider getting some references. You could also search for a Which?-endorsed Trusted Trader.
Watch out for typical signs of a rogue trader, which include pressure to carry out the work immediately, usually due to hazards that need rectifying, being unable to provide any formal contact or business details, such as a website, and being unable to provide references for work they've carried out recently.
If you fall victim to a rogue or scam trader, you should alert trading standards, and report the scam to Action Fraud and your bank if you've lost money. If your bank refuses to reimburse money lost to a scam trader, you can escalate a complaint to the Financial Ombudsman Service.
- Find out more: Which? helps a scam victim recover their money.
Which? calls for action
Which? believes a significant overhaul of the consumer enforcement system is needed.
In the short term, trading standards teams across the country should share data better to identify risks. This would also help redirect expertise and resources where they're most needed.
In the longer term, there must be improved accountability for enforcing consumer protections, transparency about the handling of consumer complaints and stronger regional collaboration.
There should also be a redistribution of responsibilities for the most complex businesses between trading standards teams and national regulators.
Rocio Concha, Which? director of policy and advocacy, said: 'From illicit cigarette and vape shops to cowboy builders, and sales of fake and dangerous products online, criminals are thriving and ordinary people feel powerless as their complaints are routinely ignored. It all adds to the sense that Britain isn’t working for people who work hard and follow the rules.
'Our research shows how the systems designed to investigate these activities, provide an effective deterrent and help people get justice, have effectively collapsed and are in need of an urgent overhaul so they're fit to deal with the range of threats we're facing on the high street and online.
'If the government is serious about tackling crime, and supporting responsible consumers and businesses, ministers need to get a grip on the criminals and rogue traders destroying lives by reforming our trading standards.'
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