Beauty treatments and cosmetic procedures: What are your rights?

The beauty industry is booming.

According to Policy Bee, it generated more than £4.4 billion in 2022 and the number of beauty salons is expected to keep increasing. But laws, regulations and licensing of beauty and cosmetic treatments and providers are coming under serious scrutiny.

The explosion of demand for cosmetic procedures like Botox is creating all kinds of problems – with rogue providers, defective products, lack of official oversight and beauty scams.

The Health and Care Act 2022 gives the government the power to introduce a licensing scheme for beauty practitioners in England – which would make it an offence to perform certain procedures without a license. While a new licensing scheme has been proposed, specifically to tighten laws around unregistered practitioners, it hasn’t actually been introduced yet.

There are many unregistered or substandard practitioners operating in the beauty and wellness space, which poses serious risks to people’s health and safety. When it comes to beauty treatments and non-surgical cosmetic procedures, it is vital to know your rights to protect your bank account and your body.

What are your rights?

In the UK, anyone receiving a beauty treatment – whether a haircut or non-surgical cosmetic procedure – has rights under the Consumer Rights Act 2015, the Consumer Safety Act, and other legislation.

Reasonable care and skill

If a service is not performed with reasonable care and skill, or as you agreed, the salon or practitioner must fix it – within a reasonable amount of time and at their own cost. If it isn’t practical – or you do not trust them to put things right – you should get all or some of your money back within 14 days of agreeing to a refund.

This rule underlines how important it is to have clear expectations going in – whether you are a client or a practitioner, before any treatment is given you should discuss what is desired, establish expectations of what can be achieved and have a clear awareness of the terms and conditions regarding refunds if the results are not satisfactory.

Staff training

Beauty technicians must receive adequate training before working on a client’s hair, body, or skin. Some treatments, such as chemical peels, should only be applied by experienced and trained beauty therapists.

However, there are some big legal loopholes. For instance, Botulinum toxin (Botox) injections are not licensed for cosmetic use – but can be used “off licence”. So while it should technically only be given by a qualified medical practitioner after a face-to-face consultation, there are many people who will offer Botox injections with very little training or medical expertise.

The sale of injectables over the internet also means that people are using these treatments on themselves at home, without any knowledge or experience.

Reasonable prices

You should know what you are paying before you undergo any kind of treatment. However, if a fixed price isn’t agreed upfront, it must still be “reasonable”.

This seems a little vague – but what it means is that the price of a treatment must be comparable with what other companies or professionals are offering. So make sure you do your research on average costs for any procedure you sign up for so you know what you can expect.

Equipment

Beauty salons are required to assess the risks of using equipment on their clients and maintain it properly.

Defective products

The manufacturer of a defective product may be liable for damages, but the beauty store or practitioner may also be partly liable. In cases where a product is out-of-date, it would be the sole responsibility of the person who used it against the product guidance.

Compensation for injuries

In any instance where someone is injured during a treatment, the client can claim compensation for injuries caused by negligence or carelessness in a beauty salon.

The kinds of injuries this would include would be disfigurement, burns, infections, scars, blistering, cuts, damaged hair, and bruising.

Failure versus disappointment

There is a vital difference between not liking the results of a procedure and it going wrong. If you have had a treatment or procedure and are unhappy with the results, you should consider the following questions and establish whether you have grounds to make a formal complaint:

Has the procedure actually worked? Are there any unexpected side-effects that negatively affect your appearance or physical health?
Was the procedure done poorly or incorrectly?
Was aftercare not provided – or the advised aftercare not adequate?

Regulation and resources

While there is still no tightening of the licensing laws for aesthetic procedures, there are some regulatory bodies that reputable providers can sign up to and which have their own dispute resolution processes.

The National Hair and Beauty Federation (NHBF) own and operate the Hair & Beauty Mediation ADR scheme. Details about how to raise a complaint about a hair or beauty service, or seek mediation, can be found on their guide to making a complaint.

When researching a practitioner, you can check whether they are registered with the Professional Standards Authority (PSA). In addition, you can find examples of registered practitioners, standards of training, skill and insurance from the following organisations:

When researching a practitioner or finding out about the treatments on offer and what to expect, you should seek guidance from industry bodies and professional associations, such as the British Association of Cosmetic Nurses (BACN) or the British College of Aesthetic Medicine (BCAM).

If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.