Review of Consumer Protection provided by the IAA

Introduction

The Insulation Assurance Authority (IAA) is a leading standards body that provides Schemes, including PAS 2030 and MCS certification, to installers of insulation and Microgeneration technologies installations, a competent persons scheme allowing installers to self-certify certain work complies with the Building Regulations and the industry leading IAA independent Guarantee Scheme established over 25 years ago.

In September 2022 the Competition and Markets Authority (CMA) launched a call for evidence as part of a review of consumer protection in the green heating and insulation sectors [1] undertaken under Enterprise Act powers. The final CMA report [2] was published on 31st May 2023 together with Good Practice Guidance for Standards Bodies [3] published alongside the main report.

The IAA has therefore assessed its procedures and protections under the various schemes against the CMA best practice guidance to provide confidence that The IAA operated schemes give consumers the highest level of protection. The associated Gap Analysis identified that IAA Schemes already provide consumer protection that not only meets best practice, but in many cases exceeds the CMA guidance, offering enhanced protection to consumers. However, as part of undertaking this fundamental review a number of enhancements have also been identified that will be implemented over the coming months to further strengthen the protection The IAA schemes provide to consumers.

What The IAA does well?

In addition to meeting the CMA guidance The IAA provides certain key additional protections to consumers including:

• An end to end proposition from initial installer audits to Certification, independent Guarantee and ADR scheme to support The IAA ‘right first time’ ethos.

• Robust initial vetting of installers for business probity and resources, including checks to identify potential ‘phoenix’ companies and personnel with links to failed installers.

• Ability for The IAA to effectively hold installers to account for work through robust Scheme rules, disciplinary procedures and sanctions.

• A minimum of 3% of all work subject to random and targeted on-site Quality Inspections.

• Comfort of knowing that every pre installation property assessment is subject to IAA review through the ISA service with 1 in 10 subject to onsite inspection.

• An independent IAA Guarantee covering Workmanship and Materials (including suitability and design) that ensures The IAA will investigate and resolve any defects, (rather than provide financial compensation), if the installer fails to do so for any reason including insolvency.

• No requirement to provide any supporting paperwork in order to lodge a complaint under the Guarantee in the event of a problem.

• Access to highly experienced IAA employed Technical Inspectors to investigate any issues.

• In house remediation teams and access to assessed IAA Remedials Framework contractors.

• Dedicated Chartered Trading Standards Institute approved ADR service and Review of complaints by The IAA Customer Services Committee and consumer focus function.

• Transparency and routine publication of key complaint statistics.

• Confidence of knowing that The IAA uniquely has over 25 years of data to support development of technical guidance.
 
What potential improvements have been identified?

As part of the analysis a number of additional protections were identified that will be considered over the coming months, including:

• Simplified access to support for vulnerable consumers in line with The IAA vulnerability policy.

• Production of a ‘key facts’ document summarising the protections and benefits of using an installer certified by The IAA and able to provide an IAA Guarantee.

• Enhanced website installer search facility to allow consumers to locate local member businesses.

• Implementation of online whistle-blower reporting page to The IAA website.

• Additional training material for member installers including signposting consumer law guidance.

• To support the wider IAA Guarantee offer consider adding an online ‘report a concern' section to the IAA website.
 
[1]   https://www.gov.uk/government/consultations/consumer-protection-in-green-heating-and-insulation-sector-a-call-for-information
[2]  https://assets.publishing.service.gov.uk/media/6475f1685f7bb7000c7fa176/Consumer_protection_in_the_green_heating_and_insulation_sector_-_Final_report.pdf
[3]  https://assets.publishing.service.gov.uk/media/6475d124103ca60013039600/A._Good_practice_principles_for_standards_bodies.pdf

 
To view the full CMA Best Practice Principles vs The IAA Gap Analysis click the image below.




 
Please see below the important information and guidance provided by the Competition and Markets Authority (CMA) on the Consumer Protection from Unfair Trading Regulations and unfair contract terms. This provides full guidance and where relevant, shorter summaries.

Consumer Protection from Unfair Trading Regulations
 
Consumer protection from unfair trading - guidance - oft1008 (publishing.service.gov.uk)
 
Unfair contract terms
 
Unfair contract terms: CMA37 - GOV.UK (www.gov.uk)
Unfair Contract Terms Explained
Unfair contracts: what do businesses need to know? (short guide) - GOV.UK (www.gov.uk)
Fair terms for your customers
Top tips when writing contract terms
Common myths about contract terms
Responsibility if things go wrong