Researching regulation and consumer protection
Regulators and organisations working in the consumer interest face some big questions:
What do the public want and expect from regulation or consumer protection?
Where should the balance lie between protecting people from harm and enabling innovation?
What does professionalism mean in practice? What does it mean for behaviour inside and outside of the workplace?
Our work has supported clients to answer some of these questions in the following ways:
Exploring complex issues
Many of our clients are keen to engage the public on complex, challenging and futuristic issues as these are the very dilemmas or trade-offs that might benefit most from consumers’ and citizens’ input. But this can be challenging, as we may be asking people to think about issues they have simply never considered and they may have no experience to draw on. We have developed techniques (both online and offline) to inform and engage the public in meaningful debate. We have consistently found that, given the right tools, the public is able to deliberate at a very sophisticated level. We have engaged the public on topics as diverse (and as complex) as the following:
Remedies designed to increase engagement in the energy market (Ofgem)
Corporate strategy priorities (Bar Standards Board)
Future energy market developments including, auto-switching, smart homes and artificial intelligence (Citizens Advice)
Understanding the landscape
Regulators and those protecting the public need to have a good feel of what is happening on the ground so that they can react to changing circumstances and anticipate future developments. For example, they need to understand behaviours which drive and prevent compliance and identify where compliance with standards is challenging because of external factors. They also need to ensure that they understand the experiences of specific audiences so that they can shape policies and processes to their specific requirements.
Some examples include:
Understanding the experiences of people in vulnerable circumstances, focusing on access to and delivery of legal services (Legal Services Board)
How doctors are practising in a system that is ‘under pressure’ and the extent to which they are coping, adapting and compromising, for the General Medical Council (GMC)
MOVING ‘UPSTREAM’
Over recent years many regulators have focussed their efforts on upstream regulation i.e. redirecting their emphasis from enforcement to a strategy which attempts to prevent harm from occurring in the first place. This has meant greater engagement with those they regulate to better understand their experiences, as well as developing tools and resources to enhance their practice and/or professional development.
Some examples include:
Developing tools to enhance values based practise for the General Dental Council (GDC) and the General Osteopathic Council (GOsC)
Identifying positive examples of professionalism to be used as the basis for developing resources for the Health and Care Professions Council (HCPC) and the General Chiropractic Council (GCC) to support health professionals in future
complaints and fitness to practise processes
Inevitably, some of our work for regulators relates to when things have gone wrong. We are mindful that regulators need to ensure that their processes are effective; that there are no barriers in the way of those looking to raise concerns but that less serious complaints are directed to more appropriate organisations. Our work in this area has involved:
Exploring consumers’ ideas about an ideal complaints processes for the Gambling Commission
Research with registrants on raising concerns and the Duty of Candour for both the GOsC and the GDC
Work to refine Fitness to Practise processes for the GMC and the GDC
So, if these are some of the issues you’re grappling with, and you need some help, please get in touch! We’d be very happy to have a chat.