Sir Julian Lewis: This is an issue that is crying out for a solution. In my opinion, there are two principal remedies that need to be applied to the plague of rogue builders: criminalisation of those builders who are shown to have fraudulently fleeced their innocent victims; and a requirement for all builders to be registered with and licensed by a professional body, together with an insurance scheme to remedy failure or harm, as my hon. Friend the Member for Wyre Forest (Mark Garnier) has already explained in his admirable opening speech.
I have decided, on balance, not to identify the specific rogue builders and their victims to whom I shall refer today; however, I do not rule out doing so in the future. My first case study concerns Graeme, a constituent of mine who paid more than £1,800 to a builder in 2023. Although the same builder had done satisfactory work in the past, on this occasion he gave a succession of excuses for not turning up before ceasing to respond at all. A solicitor advised Graeme that it would cost more than any sum likely to be recovered for lawyers to be involved, and suggested contacting the police.
Graeme writes:
“I was born at the very end of the 1960s and, to me, if someone deprives me of my money, it is theft or even fraud.”
As someone born at the beginning of the 1950s, I heartily endorse that view, but the police responded that stealing £1,800 from Graeme in that way did not meet
“the threshold for theft or fraud”.
Similarly, his bank was not keen to help once it knew that the builder had previously completed satisfactory work for Graeme.
Next, he found that trading standards could be contacted by an aggrieved individual only via a charity such as Citizens Advice, which also came as news to me. His CA recommended the money claims court; Graeme followed its advice and eventually obtained a county court judgment for £1,800 plus costs and interest. Even then, it took action at a higher court level for bailiffs to be appointed. They extracted a few weekly payments of a fraction of the sum stolen before giving up the ghost.
One might say that it could have been particular circumstances or misfortune that led the builder to let down his client – although that is no excuse for keeping his money. However, Graeme managed to establish directly that he had treated another victim in precisely the same way. Indirectly, Graeme heard of several others who had suffered in similar fashion. He was forced to conclude that, irrespective of a pattern of dishonesty towards multiple victims, the police still regard such behaviour as “a civil matter” and a “breach of contract”. Thus, with criminal prosecution closed off, all that remains is the costly, risky and often ineffective civil route. To date, Graeme has received a paltry £260, with more than £2,040 awarded by the court outstanding.
While Graeme rightly feels aggrieved by the injustice of his situation, my second constituent, Malcolm, has had his own and his family’s life totally upended by a truly nightmarish experience – one of the worst cases I have had to deal with in 28 years as a Member of Parliament. After a career of admirable public service in the Royal Navy and as a fireman, he has lost huge sums of money from his life savings and pension schemes at a time when a close relative with stage 4 breast cancer was meant to be benefiting from his support. It was for that purpose, I believe, that he commissioned the alterations – primarily converting a garage into extra ground-floor rooms – to his home in the first place.
Malcolm selected a building firm that he chose from a respectable trade recommendation website, where 5-star ratings for it were recorded. He agreed to pay about £25,000 for, supposedly, three weeks’ work to be undertaken while the family was on holiday in 2022. Despite an extra week’s delay, they returned to a scene of incomplete and utterly shoddy work and, in some respects, dangerous disorder. Indeed, Malcolm injured himself quite badly in a fall at the property that he attributes to this.
In addition to the very large payment made irrecoverably to the rogue builder, it cost Malcolm a horrifying £45,000 more for remedial works, which he had to undertake to make his home safe and inhabitable again. The trade recommendation website, which he thought had validated the rogue builder, offered its maximum level of compensation – a modest £1,000. Later, he discovered that the builder had no gas safety qualification, as he had falsely claimed.
Malcolm succeeded in communicating with trading standards, which indicated that it would be helpful if a pattern of similar construction disasters could be established. Malcolm therefore turned investigator, and discovered several other families in my constituency and in nearby Southampton. He calculated total losses caused by the same rogue builder to be at least £200,000. One victim, a lady living with multiple sclerosis, was left without a functioning toilet.
The police, nevertheless, still insist that the threshold for criminality had not been reached. If so, that threshold needs to be changed, and changed substantially. Despite correspondence from me to Hampshire county council pointing out the multiple victims, the apparent evidence of companies being repeatedly set up and dissolved by the rogue builder – as we have heard from another hon. Member – and his not infrequent changes to his own name, nothing effective has been done to punish or constrain him in any way.
As stated at the outset, there are two fairly obvious remedies. First, if the police are right that the current state of the law prevents such devastating and ruthless misbehaviour reaching the threshold of criminality, that threshold must be repositioned by legislation to include it. Secondly, like other skilled professions, builders must be licensed before being allowed to operate. The good news is that, as we have heard, the Federation of Master Builders is ready and able to undertake this vital role. That must be coupled with an insurance scheme to which builders will contribute to enable redress where appropriate and where standards are breached. Rogue builders can ruin lives; now is the time to banish that evil.