Health and Safety Executive Conditions of Authorisation review: call for evidence - Which? response

This review considers the Conditions of Authorisation for Competent Person Schemes (CPS). These schemes were established so that traders that are members of a scheme could self certify that their work meets building regulations. Some consumer protection requirements were added to this primary responsibility, however these only apply to issues relating to building regulations and the requirements are poorly defined and out of date.

The Consumer Detriment Survey 2024 found that the highest net monetised detriment of £10.3 billion was observed in 'Services for home and garden maintenance’. Within the home energy upgrade sector there have been several well publicised scandals including the failure of 98% of external wall insulation under the Energy Company Obligation (ECO) scheme that left households with mould and damp in their homes. The Competition and Markets Authority (CMA) and the National Audit Office (NAO) have clearly identified the overly complex landscape of schemes and codes as a contributing factor to the failure of consumer protection in these sectors. These structures undermine accountability and, from an individual consumer's perspective, it is often extremely difficult to know who to turn to when they experience a problem with a trader. 

Given the level of harm in the home improvements sector there is a strong argument for a systematic review of consumer protection, and the role and responsibilities of Competent Person Schemes should be considered within this review. Our response to this call for evidence sets out some of the issues that currently hinder effective protection of consumers in this sector and our recommendations for how they could be addressed, but to properly address consumers’ needs a more fundamental review is required. 

• Consumers should be confident that traders are qualified and responsible and they have a straightforward process to resolve any disputes. There should be a fundamental review of the overly complex and fragmented home improvements consumer protection landscape and the role and responsibilities of Competent Person Schemes should be considered within this review. 
• Improved governance. The governance of schemes should be improved including a clear commitment to protecting consumers, improved oversight, independent consumer representation, public reporting and measures to address potential conflicts of interest. 
• Effective compliance. Auditing should be enhanced and supplemented with consumer feedback gathered through a short set of questions agreed with the regulator and sent to all households after work is completed. Non compliant businesses should have membership removed and be prevented from joining other schemes. 
• Complaints and redress. Complaints processes should follow a clear process and timeline, and there should be clear independent mechanisms for appealing against decisions. We recommend there should be a single Ombudsman scheme with the expertise to manage disputes in the sector. Financial protections should be brought up to date with their length and funding matching the work undertaken, and access should include when a trader is not responding, or if they fail to comply with an ADR decision.