Why are you doing this?
How does the Focus on Enforcement initiative work?
Areas currently “in focus”
What’s in Scope?
Why do you want my feedback?
What will you do with the comments?
How is this linked to the Red Tape Challenge?
Will you be scrapping regulators and enforcement systems in the same way as you’re doing with regulations through the Red Tape Challenge?
How does this initiative link with the Triennial Reviews of regulators?
How long will the initiative last?
What regulatory functions are included?
Are any regulatory functions excluded?
Can people submit a private comment, or longer submission?
Will it be possible to comment on ways to improve how easy it is to use the website?
How will you keep people informed of progress on the initiative?
Which areas of regulatory enforcement will be reviewed?
What criteria will you use when choosing further areas for review?
Will individual regulatory bodies be reviewed?
How will the reviews be conducted?
Are all regulatory appeals mechanisms included?
How does the improving enforcement in adult care homes review sit with the CQC’s consultation on its strategy?
Why are you doing this?
Creating the conditions for a business-led economic recovery means we need to do everything possible to remove all unnecessary burdens on business, whilst ensuring that important protections provided by regulators continue.
We know that ill thought out regulations cost businesses time and money. So we are tackling unnecessary and inappropriate regulations through the Red Tape Challenge. However sometimes, the regulation itself is fine – it is inconsistent or inappropriate enforcement that causes problems or could just be so much better which is why we have launched the Focus on Enforcement initiative [1].
We also know that there are good examples of compliance and enforcement activity, where regulators work constructively with business, and we want to learn more about those so that we can build on them.
We want your help to identify where enforcement can be improved, reduced or done differently and to discover and celebrate where it works really well, so others can learn from it.
How does the Focus on Enforcement initiative work?
This initiative and website, for the first time, puts information about regulators all in one place and allows you to have your say about how the enforcement of regulation affects you and to suggest areas of enforcement you think should be considered for possible review and reform.
When a review topic is in Focus, we want you to tell us about your experiences, good and bad, of how regulatory enforcement operates in the Focus area and how it could be improved or best practice shared.
Each review will start with a fact-finding stage, usually lasting 5-6 weeks, and in that period each review will be in ‘Focus’ on the web-site to ensure everyone who wishes can share their experience of enforcement in each topic area and give suggestions. Views submitted through the website (which can be submitted anonymously), will be considered by the Review team and will form a key part of the evidence base considered by the team when advising on potential next steps. When the Government has decided what action to take in response we will report progress as soon as we can on this website.
Improving Enforcement in Childcare – ‘in Focus’ until 26 March 2013. After this date, we will do our best to consider comments but cannot guarantee that they will be fed in to the review.
We are asking anyone involved in childcare (childcare providers, nurseries and pre-schools for children in the early years group (0-5years), as well as users of childcare services) to let us know their views and experiences of how current enforcement of regulation in the childcare sector is working. This review aims to ensure children get the protection and support they need while giving providers greater clarity and guidance, so they can focus on giving high standards of care rather than being held back by unnecessary bureaucracy
Find out more about the scope of the review and leave your comments .
Regulatory Appeals Mechanisms – ‘in Focus’ until 15 February 2013. After this date we will do our best to consider comments but cannot guarantee they will be fed into the review.
In this review we are asking for experiences and views on how appeals mechanisms are operating across the regulatory landscape, including national non-economic regulators and local authority regulatory enforcement. Evidence gathered during previous Focus on Enforcement reviews shows that appeals mechanisms, or routes to seeking an informal second opinion are not always clear, consistent or available and that companies can sometimes feel reluctant to appeal for fear of damaging relationships. We have also uncovered some good examples of appeals procedures and of regulators that make clear they are open to appeals. We want to hear from you with experiences from your sector.
Given that companies are often wary of raising a query because they do not want to risk upsetting the relationship with their regulator please note it is possible to share your views and experiences with us entirely confidentially and anonymously if you wish.
To find out more about the scope of the review and leave your comment click here.
When leaving your proposal for a future review topic, bear in mind that we are particularly interested in;
- Where a regulator has worked well and has been helpful to you or your business. Are there things other regulators could learn from this one?
- Whether in your view the process a regulator has required you to follow has placed an unnecessary or excessive burden on you or your business. If so, please explain why you feel it was unnecessary or excessive.
- Whether you have experienced overlap between different regulators? If so, please give details of which regulators and how their work overlaps.
- Your experiences of what you consider to be overzealous enforcement that is beyond the remit of the regulation/regulator and why you think this.
- Where you feel that you or your sector could manage compliance without intervention by the regulator or where you believe there may be viable alternatives to regulation that could achieve the same outcome. If possible, please provide examples.
- Where any third parties are encouraging businesses to undertake compliance activity not required by the law.
We are not looking for individual examples of how the law itself has prevented you from doing something, nor are we looking for comments on ongoing specific investigations or court cases related to particular individuals, businesses or civil organisations – we will not be able to publish these.
The regulatory functions that impact directly on business or civil society organisations, carried out by national regulators, as well as those carried out by local authorities. Enforcement of financial services regulation and tax issues is not in the scope of this exercise. In the case of the Economic Regulators, no policy changes will be made outside normal review processes. Government has committed to review the Economic Regulators no more than once a Parliament (Principles of Economic Regulation April 2011).
The fact that a particular regulator is listed on this website does not necessarily mean that the Government will make structural changes to it. This particularly applies to the economic regulators (Ofgem, Ofwat, Ofcom the Civil Aviation Authority and the Office for Rail Regulation) where, in the interests of investor certainty, Government has committed not to review these bodies more than once a Parliament.
This exercise mainly focuses on regulatory functions carried out inEngland. In the case of Scotland, it only applies to regulatory functions exercised in reserved matters. In Northern Ireland, it only applies to regulatory functions which have not been transferred. It does not apply to regulatory functions which are only exercisable in or as regards Wales.
If you have comments or suggestions on regulatory functions or themes, which are within the remit of the Scottish or Northern Irish administrations you can use their respective feedback/comment facilities:
Scotland: Give us your view
Northern Ireland: Better Regulation
Why do you want my feedback?
A business-led recovery is vital for our economy. Businesses have told us that regulation can be a factor in stifling growth if it is difficult to comply with and enforced in a heavy-handed way. We know too that there are examples of compliance and enforcement activities that work really well and could perhaps be applied in other sectors. We want to hear your experiences of good and bad enforcement and suggestions for areas for possible future review. We hope this exercise will help improve the way regulators engage with you, freeing you up to concentrate on your business or other activities.
What will you do with the comments?
We guarantee to read all your comments and they will form a key part of the evidence base considered by the specific review teams. The comments will also help us in choosing new review topics,
Please note we will not be able to reply to every comment individually.
How is this linked to the Red Tape Challenge?
We are tackling unnecessary and inappropriate regulations through the Red Tape Challenge. But sometimes, the regulation itself is fine – it is inconsistent or inappropriate enforcement that causes problems or enforcement could just be so much better.
In this initiative[3] we want your help to identify where enforcement can be improved, reduced or done differently and to discover and celebrate where it works really well, so others can learn from it.
If you would like to comment on the design of regulations themselves, please do so via the Red Tape Challenge website. If the sector-specific theme you want to comment on is closed, please mail your thoughts to redtapechallenge@cabinet-office.gsi.gov.uk .
Will you be scrapping regulators and enforcement systems in the same way as you’re doing with regulations through the Red Tape Challenge?
No – we won’t be scrapping regulators or doing away with enforcement as a whole, but we want to hear about ways in which Government and regulators can do things better.
How does this initiative link with the Triennial Reviews of regulators?
Regulatory bodies that are non-Departmental Public Bodies are subject to triennial reviews. The triennial reviews focus on the body itself and the full locus of its work. Reviews under this initiative will focus on a particular topic where a sector or civil society body has indicated that good or unhelpful enforcement is a particular issue for them.
How long will the initiative last?
We will be undertaking a series of reviews over the next year. However, it is likely that some work will continue beyond the period of the reviews in order to ensure continual transparency in regulatory enforcement.
What regulatory functions are included?
The regulatory functions that impact directly on business or civil society organisations, carried out by national regulators, as well as those carried out by local authorities are included as part of this exercise, with some limited exemptions – see below. A list detailing names of Regulators and their Remit is listed on the website. Enforcement of financial services regulation and tax issues is not in the scope of this exercise. In the case of the Economic Regulators, no policy changes will be made outside normal review processes[4].
Are any regulatory functions excluded?
Enforcement of financial services regulation and tax issues is not in the scope of the exercise. In the case of the Economic Regulators, no policy changes will be made outside normal review processes[5].
Can people submit a private comment, or longer submission?
Yes – if you wish to submit a private contribution, or longer submission, this can be submitted via our e-mail inbox: focusonenforcement@bis.gsi.gov.uk
Will it be possible to comment on ways to improve how easy it is to use the website?
Yes – if you have an idea as to how we can make the website work better for users, please let us know.
How will you keep people informed of progress on the initiative?
We will continue to update the website as we progress through the review process.
Which areas of regulatory enforcement will be reviewed?
Improving Enforcement in Childcare – ‘in Focus’ until 26 March 2013. After this date, we will do our best to consider comments but cannot guarantee that they will be fed in to the review.
We are asking anyone involved in childcare (childcare providers, nurseries and pre-schools for children in the early years group (0-5years), as well as users of childcare services) to let us know their views and experiences of how current enforcement of regulation in the childcare sector is working. This review aims to ensure children get the protection and support they need while giving providers greater clarity and guidance, so they can focus on giving high standards of care rather than being held back by unnecessary bureaucracy
Find out more about the scope of the review and leave your comment .
Regulatory Appeals Mechanisms – ‘in Focus’ until 15 February 2013. After this date we will do our best to consider comments but cannot guarantee they will be fed into the review.
In this review we are asking for experiences and views on how appeals mechanisms are operating across the regulatory landscape, including national non-economic regulators and local authority regulatory enforcement. Evidence gathered during previous Focus on Enforcement reviews shows that appeals mechanisms, or routes to seeking an informal second opinion are not always clear, consistent or available and that companies can sometimes feel reluctant to appeal for fear of damaging relationships. We have also uncovered some good examples of appeals procedures and of regulators that make clear they are open to appeals. We want to hear from you with experiences from your sector.
Given that companies are often wary of raising a query because they do not want to risk upsetting the relationship with their regulator please note it is possible to share your views and experiences with us entirely confidentially and anonymously if you wish.
Other reviews have covered:
- Small Businesses in Food Manufacturing;
- Chemicals
- Volunteer Events
- Pubs, with a particular interest in ‘Community Pubs’
- Coastal Projects and Investments
- Enforcement of Fire Safety Regulation (the Fire Safety Order)
- Improving Enforcement in Adult Care Homes
We have completed the fact-finding stage of these reviews and to date have published the reports on Small Businesses in Food Manufacturing, Chemicals, Coastal Projects and Investments and Volunteer Events. We will report progress on the other reviews soon.
Further reviews will be announced in due course.
What criteria will you use when choosing further areas for review?
When considering whether a particular area should be reviewed as part of the Focus on Enforcement initiative we will be looking for evidence of an issue related to the way regulation is enforced in that area (rather than with the regulation itself). The sorts of things we will also consider include evidence of overlapping remits / activity between different regulators, evidence of scope for more use of alternatives to regulation and evidence that inappropriate regulatory enforcement may be having a damaging impact on economic growth or other beneficial activity. We will also be mindful of any potential duplication of other Government reviews or initiatives covering similar ground or which have considered similar issues in the past.
Will individual regulatory bodies be reviewed?
It is anticipated that the reviews will look at areas of regulatory activity and enforcement, rather than taking a body by body approach.
How will the reviews be conducted?
Each review will start with a fact-finding stage, usually lasting 5-6 weeks, and in that period each review will be in ‘Focus’ on the web-site to ensure everyone who wishes can share their experience of enforcement in each topic area and give suggestions. Views submitted through the website (which can be submitted anonymously), will be considered by each Review team and will form a key part of the evidence base considered by the team when advising on potential next steps. When the Government has decided what action to take in response we will report progress as soon as we can on this website.
Are all regulatory appeals mechanisms included?
The appeals mechanisms of non-economic and Local Authority regulators are included in this review. Appeals mechanisms for economic regulators are outside the scope of this review.
How does the improving enforcement in adult care homes review sit with the CQC’s consultation on its strategy?
This review complements the CQC’s consultation on its future strategy in which the CQC is seeking to understand what drives improvements in the quality of care. Findings from the Focus on Enforcement review contributing to that evidence base.