EVERYDAY INJUSTICE AT MAGISTRATES COURTS

I have recently had a comment from a serving JP about his disquiet in the manner in which warrants for utility companies are rubber stamped sometimes in their hundreds.  As a newbie to the bench I too was very much disturbed by the complete lack of justice for those faced with court action for non payment.  There seemed to be no interest by anybody in even recognising there was a problem from my colleagues up to the Deputy Justices Clerk.  However over a period of about two years with the assistance of a sympathetic L/A and a new DJC I persuaded him that the document copied below be placed on the bench for every such hearing. I fear, however, that since my retirement old habits have prevailed.  Search https://thejusticeofthepeaceblog.blogspot.com/2013/08/six-of-best.html  for a summary of early previous posts on this topic. 

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Applications by utilities companies for warrants to enter premises to inspect or read a meter/install a pre-payment meter, or to disconnect the supply – Questions for Applicants


1) How many attempts were made to contact the customer before the application today and were any successful?

2) Could the customer be vulnerable?

3) Are you satisfied that no member of the household is dependent on medical equipment that is operated by electricity such as a stair lift, electric wheelchair, defibrillator or dialysis machine?

4) What is the total amount owed by the customer and what period do the arrears cover?

5) Has there been any dispute about the amount owed by the customer?  How are you sure that you are right and they are wrong?

6) Could the arrears be met by an arrangement between the customer and his or her supplier?  

7) If in receipt of benefits, has any attempt been made to enable the customer to pay off the arrears using Fuel Direct?

8) Under what circumstances, when the engineer arrives at the property, would the disconnection not be carried out?

9) Has information been provided to the customer about how they could reduce their bills in future by more efficient use of energy?

10) Are you sure that the address is currently occupied by the person responsible for the debt?

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Energy Disconnection Warrants – An extract from the Best Practice Guidance

Under the Rights of Entry (Gas and Electricity Boards) Act 1954 a representative of a gas or electricity supply company can apply for a warrant of entry to premises to inspect or read the meter, to install a prepayment meter, or to disconnect the supply.

Applications for a warrant of entry must be made on oath under s2(1) of the 1954 Act.  In order for a warrant to be granted, the relevant company must satisfy the magistrate that admission is reasonably required, that consent has not been given by or on behalf of the occupier, and that relevant period of notice has been given.

When considering whether to grant a disconnection warrant, you should consider asking some or all of the following questions.  

Actions before applying for a warrant.

Whilst there is no legal requirement to do so, energy suppliers wishing to disconnect energy supply should make several attempts to contact the customer – by letter, by phone and in person - before moving to apply for a warrant in accordance with voluntary guidance published in 2004 by the Energy Retail Association, the trade association for domestic energy suppliers.  They can also deal with a third party agent, though they may not always succeed in establishing contact.  If, during contact with the customer, it becomes apparent that the customer is unable to pay the bill, suppliers’ staff will attempt to obtain further information about the customer or their dependents, including such details as their age, whether they are currently receiving benefits, the number of young children in the household or any special circumstances such as whether any members of the household are disabled or have special needs. 

The typical number of attempts to contact the customer is detailed earlier in this document.  
   
Regulation on disconnections

Companies wishing to supply gas or electricity in Great Britain must hold a licence from the regulator, the Office of Gas and Electricity Markets (Ofgem), and must comply with a list of Standard Licence Conditions.  Of relevance to the issue of the disconnection of supply are Standard Licence Conditions 35 and 37A for gas suppliers and Standard Licence Condition 35 for electricity suppliers.

Limitations on possible disconnection

 The effect of these Licence Conditions is that gas and electricity suppliers should, as far as practicable, avoid disconnecting the supply where the customer (the bill payer) is either of pensionable age or disabled or chronically sick in the period between 1 October and 31 March (commonly referred to as the Winter Moratorium) and, in the case of gas supply, should not disconnect households where, to the knowledge or reasonable belief of the company, the customer is of pensionable age and lives alone or with other persons all of whom are also of pensionable age or under eighteen years of age between the same dates.

Safeguards and duties

In addition, energy companies are also expected to offer a range of help to customers experiencing difficulties as an alternative to disconnection, and Standard Licence Condition 35(d) for both gas and electricity supply requires companies to take into account the customer’s ability to repay debt.  Suppliers have a duty to accept payment by Fuel Direct, a system whereby customers on three qualifying benefits (Income Support, Pension Credit and Jobseekers Allowance) facing disconnection can pay a defined minimum which is deducted from benefits weekly.  Suppliers are also required to offer customers a Pre Payment Meter before they move to disconnect supply.