The Legal Brief - 26th April 2023

Energy regulator Ofgem has released tough new rules that will ban suppliers from forcing certain groups of people to have prepayment meters installed in their homes. The announcement follows a public outcry earlier this year when it was revealed that some debt agents for British Gas had broken into vulnerable people’s homes to install meters. Ofgem’s new rules state that those over the age of 85 and some medical exemptions will no longer be able to be told by suppliers that they need to have prepayment meters installed. In addition, energy companies will have to give customers more chances to clear their debts before making them switch to a meter.

A prepayment meter, also known as a “pay as you go” meter, is a type of energy meter that requires customers to pay for energy before they use it. Users can top up their meter using a key or a top-up card, which can usually be obtained from a local shop or a post office. If customers cannot access either of these, they can have a smart meter set to a prepayment setting. Currently, over 7 million people in the UK use prepayment meters, although they are the most expensive form of energy, with charges working out higher than those who pay via direct debit. In addition to paying for the electricity used, customers also pay a daily standing charge for being connected.

Ofgem states that those who are having difficulty paying for their prepayment meter must be offered emergency support, including “friendly hours” credit if top-up points are closed, extra support credit for those in a vulnerable situation, and extra support credit while a user in such a situation works out ways to pay. In all instances, Ofgem recommends contacting your supplier straight away if you are unable to pay your energy charges. They state that customers should not have their energy disconnected if they miss a payment unless suppliers have already tried to find ways for them to pay back what they owe.

Despite Ofgem implementing a temporary ban on this practice earlier this year following the British Gas controversy, customers can still be forced to get a prepayment meter, a move that suppliers have said may help customers in debt manage their spending. This can be done by warrant or remotely via smart meters. However, Ofgem has stated that a prepayment meter can only be fitted under certain circumstances. For example, if it is safe, practical and easy for customers to use and get to the meter. A supplier can force-fit a prepayment meter by warrant if they have taken all reasonable steps to agree payment with the customer. This should be a last resort only, as a move to avoid disconnecting their supply.

As of April 2023, suppliers will not be able to forcibly install a prepayment meter in homes if any of the following circumstances apply:

-         dependency on powered medical equipment (such as heart/lung ventilators, dialysis equipment, stair lift, or hoist);

-         refrigerated medication;

-         dependency on carelines or health and wellbeing alarms;

-         a medical dependency on a warm home (for example, due to illness such as emphysema, chronic bronchitis, or sickle cell disease);

-         households with a very elderly occupant (85+) without support in the house; and

-         households with chronic/severe or terminal health conditions (such as cancer, cardiovascular/respiratory disease, and organ failure).

Likewise, suppliers will also need to make at least 10 attempts to contact a customer, as well as carrying out a “site welfare visit” before installing a prepayment meter in someone’s home. Those fitting them will also have to wear body cameras or audio equipment to ensure that the rules are followed.

In conclusion, the legality of forcing customers to have prepayment meters remains a complex and controversial issue. While energy suppliers have argued that such meters can help customers in debt manage their spending, critics have raised concerns about the potential harm caused to vulnerable customers, such as the elderly or those with medical conditions. Likewise, although there are laws and regulations in place to protect consumers from unfair practices, the issue of consent and freedom of choice for customers who are forced to use prepayment meters is a key concern. The recent rules set by Ofgem have provided some protections for these groups, but some campaigners and charities have called for a total ban on forced meter fittings.

Ultimately, the legality of this practice may depend on the specific circumstances in each case and any legal challenges that may arise as a result. With that being said, it is also important for energy companies and regulators to strike a fairer balance between protecting consumers and ensuring fair and efficient energy usage, while also respecting the rights and choices of their customer.

Written by Max Howard

This week has seen a landmark achievement for alt-meat producers, in their ongoing battle to make Lab-grown meat widely available, with the FDA approving a key product as being "officially" safe to eat.

The product in question is a cultivated chicken product, developed by Upside Foods, which is named after the Chicken Fillet that it resembles - they have thus far avoided using names such as "chicken breast", as this use of anatomical terms may be misleading to consumers.

This is, undoubtedly, a huge move in the right direction for these manufacturers, and opens the door for other producers to bring products to market - if they can overcome the biggest obstacles for the industry, scalability and practicality.

Current processes can use as many as a hundred disposable bottles to create each fillet, which is concerning from both a practical, and environmental standpoint. As many people want to see alt-meats become mainstream to lessen the effects of meat production on the environment, this alarming usage of disposable materials will no doubt worry large percentages of the population.

Also, due to the amount of space this takes up, scalability is an issue too - it currently takes up significantly more space per portion to produce alt-meats. A lot of this may be due to attempting to create like-for-like products - you can imagine that a chicken breast, and its fairly unique texture, would be hard to fabricate.

Maybe, by focussing on meat minces, and products such as sandwich meats, which can be produced in a cylinder before slicing, more of these products could be brought to market quicker, cheaper, and in a more sustainable way. for now, however, this reality seems a long way off.

Written by Duncan Balcon

Dominic Raab resigns due to the inquiries into the bullying allegations against him. Over the last five months, there has been an investigation by Mr Adam Tolley KC from Fountain Court Chambers into Dominic Raab's conduct. He found that Raab was said to be intimidating towards others and was unreasonably difficult to deal with. After the findings of this investigation, Raab stepped down.

Alex Chalk KC MP was named the new Secretary of State for Justice on the 21st April 2023. Mr Chalk has been a Member of Parliament since 2015. Between October 2022 – April 2023 he was the Minister of State in the Ministry of Defence. Prior to being elected, Mr Chalk KC was a barrister, who prosecuted and defended cases concerning terrorism, international fraud and homicide. This new appointment is seen as positive for prisoners and the public in general as due to Mr Chalk’s prior experience, he will likely understand the difficulties that people face within the Justice System.

This raises hope for those in the prison system. Dominic Raab has been particularly harsh regarding offenders and has taken an approach focusing on punishment rather than focusing on rehabilitation and change. Most recently, Raab rejected the suggestion by the Justice Committee to resentence IPP prisoners (Imprisonment for Public Protection). Lord Blunkett, the former Home Secretary who introduced IPP sentences, told the Justice Committee “I got it wrong. The Government now have a chance to get it right.” The IPP sentence was viewed as a wrong only Parliament can fix, yet in February the Government decided not to resentence IPP prisoners. Therefore, on Thursday 27th April at 1:30 pm, there is a parliamentary debate discussing the Justice Committee’s Report. View this debate on parliamentlive.tv.

Raab also recently changed the Parole Board rules by adding a third limb to the Test for Open Conditions, which meant that the Secretary of State for Justice had to review all those that the Parole Board recommended Open Conditions for. This means that lifers and IPP prisoners' recommendations often did not get transferred to an open prison.

Due to the changes with Raab, the new Justice Secretary has an opportunity to reset the damage that has previously been done in our justice system. However, it is clear that Mr Chalk will be facing difficult challenges when he starts. He will have to focus on IPP sentences, the Victims and Prisoners Bill and the Bill of Rights Bill.

Written by Gabrielle Coates

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