UK Courts Ordered to Halt Cases Involving Force-Fitted Energy Prepayment Meters

UK Courts Ordered to Halt Cases Involving Force-Fitted Energy Prepayment Meters
A prepay electricity key sits in a prepayment electricity meter in a rented home in Birmingham, England, on Feb. 7, 2023. (Christopher Furlong/Getty Images)
Patricia Devlin
2/7/2023
Updated:
2/7/2023
One of the UK’s most senior judges has ordered magistrates’ courts to stop listing cases involving the force-fitting of energy prepayment meters in customers’ homes.

Lord Justice Edis issued the direction on Monday to all court staff in England and Wales.

In the letter, seen by The Epoch Times, Edis said that judges “must act proportionately and with regard to the human rights of the people affected, particularly any people with vulnerability” in issuing warrants for forced entry into homes.

“In carrying out this assessment,” he stated, “they have reasonably placed reliance on the assurance made by all applicants on oath that the supplier and their agents have complied with the standards set by Ofgem, the energy regulator.

“However it has now come to light that Ofgem has become sufficiently concerned at the operation of suppliers as to ask all energy companies to suspend forced installation of prepayment meters, to ask all suppliers to review their activities, and to carry out a comprehensive investigation into one supplier.”

Edis concluded that in light of Ofgem’s concerns, applications for warrants for the purpose of installing a prepayment meter should, with immediate effect, “cease to be listed and no further such applications are to be determined until further notice.”

The decision to recommence listing will “depend on the progress of Ofgem’s investigation and any other developments,” and does not impact on applications for warrants in commercial cases, he added.

Confirming the senior judge’s direction on Tuesday, a Judicial Office spokesperson told The Epoch Times via email that, “HM Courts & Tribunals Service will be consulting the energy companies urgently about the way forward.”

Energy companies can obtain court warrants which give them legal rights to enter people’s homes and fit prepayment meters if customers have not paid their bills.

Customers must then top up to continue receiving gas supplies and, if they fail to do so, they risk their heating being cut—but the government has said that forcible meter fittings “should only ever be a last resort.”

A gas hob in an undated file photo. British Gas was one of the first energy companies to suspend pay-as-you-go forced installations following the controversy. (Jacob King / PA)
A gas hob in an undated file photo. British Gas was one of the first energy companies to suspend pay-as-you-go forced installations following the controversy. (Jacob King / PA)

Regulator Suspends Force-Fitting

Last week, energy regulator Ofgem asked all energy companies to suspend forcible installations.
The move came after an investigation by The Times of London that revealed how British Gas customers, including disabled and mentally ill people, had pay-as-you-go meters forcibly installed in their homes.

Speaking on Thursday, Ofgem chief Jonathan Brearley said he’d asked all suppliers to review “all activities regarding prepayment meter warrants” until they can “reassure” Ofgem that their processes are compliant with the regulator’s rules.

“I will not hesitate to take the strongest action in our powers where needed,” Brearley said.

“No energy CEO can shirk their legal and moral responsibilities to protect their own customers, especially the most vulnerable.

“These are serious allegations for British Gas to deal with and we are opening a comprehensive investigation into British Gas on this issue.

“It is right British Gas has apologised following the very worrying allegations in The Times [of London], but millions of customers expect action not warm words.”

British Gas, along with several more energy companies including EDF, have suspended the practice, while The Times of London has said Scottish Power and E.ON have also followed suit.

OVO and Octopus Energy said they have not used the practice recently.

Last week, ministers criticised British Gas and its owner Centrica for the controversial practice.

Energy Minister Graham Stuart said he asked the gas giant to urgently outline “redress” for “mistreated customers,” while then-Business Secretary Grant Shapps described the forced prepay installations as “outrageous.”

Britain's Energy Security and Net Zero Secretary Grant Shapps reacts as he leaves Number 10 Downing Street after attending the weekly Cabinet meeting in London on Feb. 7, 2023. (Isabel Infantes/AFP via Getty Images)
Britain's Energy Security and Net Zero Secretary Grant Shapps reacts as he leaves Number 10 Downing Street after attending the weekly Cabinet meeting in London on Feb. 7, 2023. (Isabel Infantes/AFP via Getty Images)

New Energy Ministry

On Tuesday, in a sweeping shake-up of Whitehall, Shapps was announced as the head of a new energy ministry.

The Department for Energy Security and Net Zero will be tasked with securing the UK’s long-term energy supply, the government said.

Shapps wrote on Twitter to say he was “delighted” to lead the new department.

“My focus will be securing our long-term energy supply, bringing down bills and thereby helping to halve inflation,” he said.

On Tuesday, shadow Treasury minister Abena Oppong-Asare told the Commons that problems with prepayment energy meters will be an “important matter” for the new energy security and net zero secretary.

“Many will have heard the appalling stories of the forced installation of prepayment meters and this is precisely why Labour had called for a ban,” she said.

“But there is another scandal, the fact that those using prepayment meters pay more for their energy than those paying on direct debits.

“Why should those with the least pay the most? Labour will end this, will the Conservatives?”

Treasury Minister James Cartlidge replied, “I know this will be an important matter for the new secretary of state for energy security and net zero.”

Outlining the Treasury’s response so far, Cartlidge added the government had given “the greatest support to those with the greatest need in terms of support with their energy bills.”

PA contributed to this report.