Consumers rely on regulation every day, from managing their finances to navigating online services. But rapid technological change and rising expectations are making it harder than ever for regulators to deliver fair treatment and effective protection.
At our annual regulation webinar we were joined by:
- Charlotte Clark from the Financial Conduct Authority (FCA)
- Brad Enright from the Gambling Commission
- Jacqui Russell from the Office of Rail and Road (ORR)
They discussed how regulators can deliver better consumer outcomes in an increasingly complex world. The discussion focused on three themes: understanding vulnerability, supporting innovation, and measuring whether interventions are making a difference.
Understanding vulnerability in a digital world
Panellists agreed that vulnerability is neither simple nor fixed. It exists on a spectrum, and changing circumstances – including ill health, job loss or bereavement – can put anyone at greater risk of harm. Across their sectors, consumer protection ranged from widening access and building confidence to preventing exclusion.
Charlotte Clark opened with emphasising that consumers should receive fair outcomes whatever their circumstances. Technology can identify vulnerability earlier, enabling firms to offer support before a crisis – for example, by spotting financial stress and helping people manage change. But firms must also guard against scams, fraud and risks from emerging technologies such as AI.
Brad Enright described the balance of opportunities and risks from new technology in gambling. Following the NAO’s 2020 report on gambling regulation, the Gambling Commission consolidated its approach to vulnerability and developed a consistent framework for identifying and responding to risk. Data can help operators detect harm and intervene earlier, but personalised marketing and round-the-clock mobile gambling mean vulnerability is also shaped by operator behaviour.
Supporting innovation while protecting consumers
Jacqui Russell of the Office of Rail and Road (ORR) described rail operators’ trials of digital tools to improve assistance for disabled passengers travelling between stations. The technology replaces manual communication with a more reliable, transparent system for sharing information.
ORR supported phased trials rather than immediate widespread adoption, focusing on outcomes instead of prescribing each step. By monitoring whether passengers received the support they needed they ensured regulation supported technological innovations and protected consumers simultaneously.
Brad Enright highlighted similar opportunities in gambling. Technology can strengthen consumer understanding, identify risks earlier and target interventions when harm emerges. Consumer protection must be built into products from the outset, helping people make informed decisions rather than addressing problems later.
Across sectors, panellists agreed that innovation works best when organisations define clear outcomes and regulators judge results, not processes alone, while maintaining effective safeguards for all consumers.
Measuring whether interventions are working
Assessing whether regulatory action improves consumers’ lives remains difficult, making robust evidence essential.
Jacqui Russell said the ORR uses passenger feedback and satisfaction data to benchmark rail operators and track progress over time. Although changes cannot always be attributed to one intervention, passengers’ experiences indicate whether sector performance is improving overall.
Accountability and collaboration
The audience discussion highlighted two cross-sector themes: accountability and collaboration.
Panellists stressed that regulated bodies remain responsible for decisions made using technology. Firms cannot delegate accountability to AI models or third-party suppliers; it stays with the organisation delivering the service.
Collaboration between regulators is important. As technologies evolve, markets become more interconnected and regulatory boundaries blur. Sharing insight and learning across sectors will help regulators address emerging harms and improve consumer outcomes consistently and effectively.
Key takeaways
Vulnerability can affect anyone and regulators are increasingly focusing on circumstances rather than specific groups.
- Use technology to spot vulnerability sooner, tailor support and tackle emerging risks.
- Focus regulation on outcomes to unlock innovation without weakening consumer protection.
- Measure what matters using robust evidence, meaningful data and consumers’ real-world experiences.
- Keep organisations accountable and strengthen regulatory collaboration as markets evolve.
Watch the webinar
Authors
Anita Shah
Prior to joining the NAO Anita was a senior civil servant in the building safety programme at MHCLG. She was responsible for delivering one of MHCLG’s top priorities to ‘make buildings mortgageable and insurable’ and delivered a measures such as improved transparency for leaseholders on their buildings and service charges; increasing the affordability and accessibility of professional indemnity insurance; and encouraging lenders to return to the market.
Her experience ranges across the private sector, local government, and central government, and across multiple sectors, both in the UK and abroad. She has also worked with a number of regulators, specifically in the energy markets, financial markets and the built environment.
Simran Nijjar
Simran Nijjar is a Senior Audit Manager with a strong specialism in regulation and extensive experience working on business and trade in her current role. In addition to value for money work, she has co-led the NAO’s economics discipline, embedding economic analysis into audit and assurance work to strengthen insights and impact.
Her career also includes parliamentary work and private sector assurance, where she worked across education, utilities, housing and financial services.