The Law and You - See below article for link to Office of Fair Trading Documents
As soon as money or gifts change hands it becomes a contract between you and the person who has paid the money or goods. Even if you recieve a donation you then come under the new Consumer Protection Regulations. This means that you have to deliver exactly what you say. Individual Trading Standards Offices will also be able to interptret the guidance how they see fit. This means, in the event of a complaint, that the outcome may well depend on the views of the person investigating the complaint.
The new regulations include, but are not limited to, psychic Suppers, clairvoyant evenings, workshops or development groups and Mind Body and Spirit Fairs where private readings are offered, even if it is for charity. If free healing is offered as part of the the price of entrance then that too may cause problems. The following is an extract from one Trading Standards Office's interpretation of the new legislation:
"By using the words heal or healer you are suggesting that you can cure, this is not an acceptable term within the new legislation unless you can give proof of such claims. Anecdotal evidence on your abilities is now not enough, you will need to be able to justify any claim you are making."
Disclaimers could protect you in the event of legal action being taken against you. However, the use of disclaimers has not yet been proven to be a legally effective defence and it would seem that until someone is taken to court we will not know how effective a defence this will be. But if you would feel more comfortable using disclaimers then there are a selection of disclaimers on the members’ side that are free for members to download and use if they so wish.
It is advisable to take out some insurance as many churches and centres may now insist on their mediums having this before asking them to work in their premises. You may find this easier and more reasonably priced if you do join an organisation but there are a number of organisations from which to make your choice and no one organisation has the monopoly on what is and is not acceptable with insurance companies.
There are also those who consider that because they are genuine they have nothing to fear. Unfortunately that is not the case. It is worth bearing in mind that Trading Standards have told us that they receive more complaints from traders about the public than they do from the public about traders! Unfortunately we live in a litigious society and there are people who earn their living from suing others. The concern with the new legislation is that mediums, however genuine, will be perceived as an easy target.
It has been sugested that we should say that we are working for entertainment or that what we do is a scientific experiment. The SWA believe that rather than running scared and allowing others to tell us what we can think and believe there is another way. As spiritual workers, we believe we are communicating with Spirit. We do not believe we are conducting a scientific experiment nor do we believe we are the entertainment. To have to stand up and say so is a denial of our beliefs. It is also sending out a message to the public that we do not believe what we are saying and doing. If we don’t have the courage to stand up and say that we believe what we are doing then how can we expect the public to take us seriously?
We believe that we should simply explain that those attending demonstrations or sittings have made a personal choice to do so. They are responsible for any decisions they choose to make as a result of the reading or demonstration. That way we are also explaining the beginning of spiritual philosophy and helping to educate that person so they are less likely to be conned by those who are not genuine.
We believe that all spiritual workers need to have a recognised voice, one that campaigns on their behalf and protects them and the public. The Spiritual Workers Association is campaigning for new legislation that recognises genuine mediumship and protects spiritual workers from discrimination and abuse. As a member led organisation we are also campaigning to be the code sponsor (government recognised self regulating body) for the spiritual sector.
For more information have a look at the latest Office of Fair Trading Documents:
Guidance on the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and CPRs A Basic Guide for Businesses
OFT Documents
