Update on Enforcement Review

Guidance

Publication date

We are currently undertaking a review of our approach to enforcement which will be completed in three phases.

The first phase was completed on 28 June 2012 with the publication of our updated Enforcement Guidelines on Complaints and Investigations, to include expanded or new coverage on early resolution, consumer protection legislation and provisional orders.

Since then we have continued work on the wider Enforcement Review which takes a fundamental look at how we can maximise the impact and efficiency of our enforcement work.

We have progressed the second phase of our review – a deeper look at our policies and procedures.  The first part of this work has been internally focussed and has concentrated on examining and improving Ofgem’s internal decision-making procedures.  We commissioned KPMG to assist us and we are implementing a number of their recommendations aimed at increasing our efficiency.  In March 2013, we shared our initial thinking with stakeholders: a consultation on our proposed strategic vision, objectives and decision-making, in which we invited stakeholders to submit views by 23 May 2013.

The second part of this work which is underway involves us obtaining a broad range of views from interested parties on the impact and efficiency of our enforcement work, including our approach to penalties and redress.  Again, KPMG assisted us by conducting a number of interviews with interested parties during March and April 2013.

We are currently reviewing the responses to our consultation and will share the findings of the second phase and discuss how Ofgem will approach the issues raised, during a conference we’re holding for interested parties in September 2013.

In the third phase of the Enforcement Review, we are taking forward changes to reflect the results of phase two.  We will be consulting separately on resulting updates to our published Guidelines and penalty policy.