Media coverage

The Standard has published an article by David Osmon of Ideal Economics, who is a former economist at Ofgem, that offers an insider’s perspective on how the regulator’s decisions around standing charges have consistently failed the very consumers the price cap was meant to protect –  particularly low-income households.

The article explores how Ofgem’s approach reflects a deeper issue: a regulatory culture more concerned with appeasing energy companies and government than serving the public interest.

https://www.standard.co.uk/business/energy-standing-charge-ofgem-gas-electricity-ed-miliband-b1244637.html#comments-area

The article in full:

Energy standing charge fiasco highlights failure of utility regulation

Excessive standing charges are “free money” for suppliers

The privatisation of many of our utilities has widely come to be judged a failure, with the water companies’ industrial scale discharges of sewage into our rivers the most graphic illustration of that. The privatised firms’ incentive to maximise profits wouldn’t necessarily have been a problem if the various regulators had been effective in safeguarding performance standards and investment and restricting price increases.

I was an economist at Ofgem, the energy regulator, which has just announced a major review of how to recover the costs of the energy system from consumers in a fairer way. This marks a complete U-turn on the policy it had re-affirmed only as recently as February and is just the latest instalment in the story of how Ofgem has gone about setting the price cap. It’s a tale that provides an insight into the regulatory mindset, revealing an innate tendency to appease powerful stakeholders while safeguarding their own interests but neglecting the very consumers they are supposed to be helping.

The price cap was introduced to protect consumers who don’t engage in the market and select good value energy tariffs. That tends to mean those who use least energy as they save the smallest amounts by switching supplier. These households are typically on the lowest incomes so they are also the consumers most in need of protection from high prices.

This dictates capping the daily standing charge as tightly as possible because it forms a larger proportion of the bills of those who consume least. That in turn entails capping the price per unit of energy less stringently in affording companies a reasonable rate of return. And that has the additional benefit of reducing energy demand, which lowers carbon emissions, improves the U.K.’s energy security and decreases the investment needed in generation and network capacity.

It’s a no-brainer, which is why it’s interesting that Ofgem did the exact opposite. When it introduced the price cap in 2019 it reduced the unit rate but left the standing charge at the prevailing market rate even though tariffs were known to be excessive (that’s why the price cap was being introduced).

This amounted to a gift to the energy suppliers. Standing charges were set at £170 p.a. (excluding VAT) for gas and electricity combined, which was over £100 p.a.  more than it cost suppliers to serve each customer, notably in providing meters. This was based on a review Ofgem had undertaken in 2012 to assess which costs should be recovered through the standing charge.

Ironically, it is because standing charges were so generous to the suppliers that they are likely to have contributed to the collapse of many of them during the energy crisis. They encouraged the growth of companies that were more focused on gaining customers in order to capture these payments than on managing their energy purchases and so were caught out when wholesale prices increased.

The cost of clearing up the mess by paying other suppliers to take on the customers of the failed companies? You’ve guessed it: added to the standing charge (an additional £34 p.a. per customer in 2021-22). Then in 2022 Ofgem loaded up each household’s standing charges with a further £66 p.a. of network costs that had previously been recouped through the unit rate.

Ofgem was taking its lead from Greg Clark who, as energy minister, had said in 2018 that there should be no “free riders”. What he meant was that those who had installed solar panels and thereby reduced their energy consumption should not contribute any less to network costs so these should be recovered through the standing charge rather than the unit rate.

The standing charge in the price cap is now £315 p.a. (plus VAT) but the costs that should be recovered through it amount to only about £80 p.a..

In November 2023 Ofgem finally acknowledged a groundswell of public discontent about this and consulted on reducing the standing charge in the price cap. While Ofgem routinely engages with government ministers and the energy companies it’s as though it could only take consumers’ interests into account if it formally constituted them.

Yet still the consultation document conveyed an unmistakeable sense that Ofgem was in denial. It said “there is no ‘Ofgem standing charge’” because suppliers are free to set it below the level of the cap and it “encouraged” them to do so. This betrayed a naivety as it was no accident that suppliers had chosen not to.  Standing charges are ‘free money’: even allowing for the costs that were added in 2021-22 suppliers still make about £100 p.a. profit on every customer before supplying any energy.

Over 30,000 people responded to the consultation, which Ofgem rightly described as “extraordinary”, and they overwhelmingly called for Ofgem to reduce standing charges.

You would think this was very clear. The British public had been given a voice and had spoken loudly and it was now down to Ofgem to go away and do its job, applying its expertise to work out the appropriate level of the standing charge. Not a bit of it. Ofgem’s response was to run another consultation, this time asking the public to tell it [italics] what the level of the standing charge should be, in the process delaying any reduction in standing charges for a further few months.

In December 2024 Ofgem announced its intention for there to be TWO price caps from this winter, one with a standing charge (presumably at its current level) and one with no standing charge for anyone who “opts to change to this tariff”. Brilliant! It had found a way to avoid crossing either set of stakeholders – the companies or the consulted consumers – by appearing to give both what they want.

There was just one problem as far as consumers are concerned. The reason the price cap was introduced in the first place was to help disengaged customers who don’t switch tariff, which means that many of them are likely to end up staying on the price cap with high standing charges. We’re back to square one and Ofgem has deferred to the most powerful stakeholders (the energy companies) again.

Ofgem defended its decision on the basis that some people have to use large amounts of energy for medical or health reasons so need unit rates to be low. But they are a very small proportion of all consumers and it wouldn’t have been impossible either to restrict a price cap with high standing charges and low unit rates to them or to negotiate a rebate for them.

The impression of Ofgem contorting itself to satisfy its stakeholders is reinforced by its announcement on 30 July of yet another review and consultation. It follows Energy Secretary Ed Miliband being urged by more than 100 MPs just the previous week to reduce the standing charge in order to help lower income households. Ofgem’s press release appeared to acknowledge that its new review is the result of political pressure: “Many choices are made jointly by government and regulator, shaping what goes into energy bills and how costs are recovered.”

Regulators are supposed to be independent, so why is Ofgem so accommodating and, in the jargon, prone to ‘regulatory capture’ by particular interest groups?

Like other regulators, it is staffed by civil servants whose modus operandum is collaboration. Thus, for example, civil service ‘success profiles’ for senior staff expect them to influence stakeholders to “secure mutually beneficial outcomes”. In these terms Ofgem will feel vindicated. Its income, which mostly comes from licence fees paid by the companies it regulates, was £227 million in 2024-25, more than double what it had been four years earlier, and it now employs 2,276 staff.

But this approach is actually ill-suited to effective regulation. Regulators are inherently in a position of conflict, potentially with ministers but unavoidably with the firms they regulate. Resisting companies’ attempts to gain higher returns at the expense of consumers is intrinsic to their role.

This calls to mind the Monty Python sketch about the accountant who wanted to be a lion tamer until it was pointed out that lions are big and scary. Ofgem has gone to great lengths to avoid having to face down powerful interests over the price cap and we’re unlikely to see risk averse senior civil servants standing up to corporate and political beasts on other issues either. 

The Government is carrying out a review of Ofgem’s role but lasting improvement in the performance of all regulators (and hence of the companies they regulate) won’t come about without radical changes to the way senior managers and board members are selected and their performance assessed.

Reforming energy standing charges for prepayment customers

Forced installations of prepayment meters have been widely condemned but the fact that prepayment customers pay significantly more than other energy consumers has attracted far less attention.

Prepay customers pay more simply because their standing charges are so high, now £350 p.a. for gas and electricity combined, which is £50 p.a. more than those who pay by direct debit.

Most prepayment customers are on low incomes so spend less on energy. Their higher standing charges further reduce the amount of energy they can afford, with many self-disconnecting from their energy supply.

The government has announced that it will spend £200 million of tax-payers’ money to take the edge off this for nine months from July but the higher standing charges are the explicit result of a series of policy decisions by the energy regulator Ofgem. Ofgem has consistently favoured the energy companies over the most vulnerable consumers.

Standing charges should be much lower for all consumers, and particularly prepayment customers, because they substantially exceed the costs that should be recovered through them, as Ofgem’s own analysis shows.

High standing charges contributed to the energy crisis by encouraging the entry of firms that were more intent on capturing these payments than on managing their energy costs effectively.

Ofgem’s policy of reducing the unit rate rather than the standing charge has also increased overall demand for energy, exacerbating carbon emissions and reducing the U.K.’s energy security.

Download the report commissioned from Ideal Economics by National Energy Action:

The high level of the standing charge in energy bills

The new energy price cap came into effect on 1 April and this was accompanied by some media attention about the shockingly high level of the standing charge in it. The news coverage was sparked by an open letter from Fuel Poverty Action which drew on work by David Osmon, a former senior economist at Ofgem, at Ideal Economics. The letter can be read at: https://docs.google.com/document/d/1R6zGe4K2PTUCnAO6Z6w8lY-4eiJV0YKjg7PsUHbnQJI/edit

The main points are:-

  • In the new price cap the fixed (‘standing’) charge is around £300 p.a.. For the poorest 10% of households this amounts to a third of their total energy spending.
  • Ofgem’s policy of raising the standing charge instead of the price per unit of energy is perverse. The higher standing charge disproportionately affects poor households (who use least energy) while the lower unit rate increases total energy consumption, thereby raising carbon emissions and reducing energy security.
  • The standing charge should be about £60 p.a. according to Ofgem’s own analysis of the costs incurred by suppliers.

The standing charge is already set to rise further absent a change in policy. Not only is Ofgem planning to load further costs onto it but any increases in it will be cumulative: they will cause more households to be in fuel poverty and thereby eligible for the Warm Home Discount, the costs of which are passed back to consumers in… the standing charge! This approach is unsustainable.

Ofgem should instead reduce the standing charge by £200 p.a., which would directly help the lowest paid to heat their homes without the government having to spend any money to achieve this.

In addition, the government should remove VAT on (just) the standing charge and if Ofgem lowered the standing charge the cost to the government of doing this would be greatly reduced.

Some further points relating to the standing charge:-

  • High standing charges contributed to the energy crisis because some suppliers entered the market more focused on acquiring customers in order to obtain these payments than on managing their energy costs.
  • The price cap was introduced because many consumers were unable to identify good value tariffs, which was made more difficult by tariffs having standing charges as well as unit rates. Ofgem had previously planned to fix the level of the standing charge to simplify tariffs but gave in to pressure from suppliers not to do this.
  • Replacing the current price cap with a much simpler cap on just the standing charge would not only protect vulnerable consumers, reduce emissions and improve energy security but also boost competition because consumers would only need to consider unit rates to find the cheapest option. This would lower prices generally.

There is more on these points in the attached article by David Osmon:-

The extortionate level of the standing charge in the energy price cap

Amid the furore surrounding the increase in the energy price cap it has gone unnoticed that the fixed element of energy bills (the standing charge) has increased by £75. From April households will typically have to pay £265 p.a. but in some cases as much as £328 p.a. before they can consume any energy.

Low income households are worst affected by this because they spend less on energy so the standing charge forms a larger proportion of their bills. The poorest ten per cent spend £931 on gas and electricity every year and the standing charge will now take up around 30% of that. Those who will pay the highest standing charge (people in the south west who don’t pay by direct debit) will be left with just £603 worth of energy.

Ofgem has been loading up the standing charge since it introduced the price cap, when for some reason it lowered the price per unit of energy but not the standing charge. Not only did this confer the biggest savings on the high income consumers who use most energy but it also increased overall energy consumption, leading to higher carbon emissions and reduced security of supply.

Standing charges greatly exceed the costs suppliers incur in taking on customers and by perpetuating this Ofgem’s price cap contributed to the energy crisis. Energy firms’ incentive to acquire customers in order to gain their standing charge payments may have taken precedence over managing their energy costs effectively. Many failed suppliers amassed customers very quickly by offering deals that didn’t cover the costs of supplying them with energy and hadn’t bought enough energy in advance.

Almost all of the latest increase in the standing charge is to reimburse suppliers for taking on the customers of failed companies. It’s unfortunate to say the least that the low income households who most needed protection by the energy price cap are now picking up the tab for its poor design.

In stark contrast to Ofgem’s approach, capping only the standing charge is likely to be the only way to make the market work well. This would ensure the poorest consumers save most and it would reduce overall consumption of energy, thereby reducing emissions and improving security of supply. It would also boost competition as consumers would only need to consider unit rates to find the cheapest option and suppliers would have no incentive other than to provide sustainable energy deals.

“It is perverse that Ofgem has chosen to rack up the part of energy bills that hits the poorest households hardest and in doing so has increased carbon emissions and reduced security of supply. This is the very opposite of what people expect them to be doing”, says the author of a report on this published by the Ideal Economics think tank, David Osmon.  

“No-one, least of all people on low incomes, should have to pay £328 before they get to access a supply of energy, especially as the costs suppliers incur in providing this are so much less than that.”

Download the report here:

The case for a cap on the standing charge in energy bills

In January Ofgem introduced a price cap on energy suppliers’ default or standard variable tariffs (SVTs). This ‘default tariff cap’ effectively limits just the unit rate – the standing charge is unchanged. As such the cap has four fundamental flaws, as Ofgem has acknowledged:-

  1. Low income households save less than those on higher incomes. Yet these are the most vulnerable consumers − the least able to avoid paying high prices for energy and the most likely to suffer hardship as a result. In particular, they consume the least energy so the standing charge forms a large proportion of their total bill, which means they pay the highest overall rate for the energy they use.
  2. Uncertainty about the efficient level of suppliers’ costs to be recovered through the unit rate has led Ofgem to set the cap above the estimated cost level, reducing the savings to consumers.
  3. The cap has reduced competition and tariffs that were below it have been increased.
  4. By lowering the unit rate the cap has increased energy consumption. This has raised greenhouse gas emissions and reduced security of supply, which may cause energy bills to rise in future to pay for additional investment in generation and network capacity.

The cap has the same structure as a cap introduced for consumers with pre-payment meters in 2017, which has the same drawbacks.

According to Ofgem’s estimates the increase in price of better value tariffs may have negated up to 84% of the savings to consumers from the default tariff cap. Energy suppliers have also reduced the number of customers eligible for it, moving many of them from SVTs to fixed deals, which may be more expensive. These factors together mean the cap may not actually have saved consumers any money. Most of any savings will have gone to higher income households.

Ofgem is required to remove the default tariff cap between 2020 and 2023 and the PPM cap is also scheduled to be replaced from 2020. This paper proposes replacing both of these with a cap on just the standing charge.

Households on default tariffs pay an average of over £160 p.a. (including VAT) in dual fuel (i.e. gas and electricity) standing charges. However, the vast majority of costs suppliers incur depend on the amount of energy rather than the number of customers supplied so should be recovered through the unit rate rather than the standing charge. The true, cost-reflective level of the dual fuel standing charge is over £100 lower, at approx. £60 p.a..

A standing charge cap would have four powerful beneficial effects:-

  1. Low income households would save most.
  2. It could be set at the efficient level of costs so would maximise the savings to consumers. The few costs that should be recouped through the standing charge can be estimated much more accurately and transparently than suppliers’ other costs.
  3. It would dramatically boost competition. Consumers would find it much easier to compare tariffs as they would only need to consider unit rates. This would lead to lower prices for consumers generally.
  4. While those in fuel poverty would be able to afford more energy, the resulting higher unit rates would lead consumers to reduce energy consumption overall. This would lower carbon emissions and improve security of supply.

A standing charge cap would guarantee savings for low income consumers of at least £150 million p.a., with 80% going to the very poorest households. In fact the boost to competition means benefits are likely to be much higher. By combining more effective competition with protection for those who are unable to benefit from it, a standing charge cap could eliminate the entire £1.4 billion p.a. detriment suffered by consumers on SVTs. Enhanced competition would also lead to better deals for consumers who are not on SVTs.

In addition, lower demand would reduce both carbon emissions and the costs of maintaining security of supply.

However, Ofgem’s scope to introduce an effective standing charge cap is threatened by its proposal to introduce a substantial fixed charge for consumers to pay for network costs. As with the default tariff cap, this is ill-conceived: it fails to consider economic efficiency or take into account the adverse effect on low income households, carbon emissions and security of supply.

Capping the standing charge in energy bills to businesses as well could eliminate the £220 million p.a. detriment to SMEs in the same way.

Ofgem could further reduce standing charges by approx. £250 million p.a. if it took action to address competition problems in metering markets and thereby reduce the costs suppliers incur in providing meters. In addition, the Government could eliminate VAT on the standing charge, which would save consumers a further £70 million p.a..

A standing charge cap provides a general model for regulation of retail markets for essential services where competition is not effective, such as water and telephone landlines.

About the author:

David Osmon is a former Senior Economist at Ofgem.

You can download the paper that describes this proposal more fully here: