I'm guessing no-one has complained, otherwise Ofcom would have launched an investigation.
I'd imagine Capital has covered its back, so there's probably one track which could conceivably be seen as indie every hour or few hours, and there is an indie specialist show presented by Mash in the early hours in Scotland only at the weekends. Certainly there was no effort at carrying the XFM Scotland audience into the new station, with everyone who liked XFM told to bugger off an buy a digital radio, and an XFM network show being abruptly crashed into mid-afternoon to be replaced by Galaxy on its first day, to the bemusement of the listeners and to the afternoon DJ, who was apparently due to output XFM Scotland's final show a few minutes later.
Nevertheless, this formats situation is a juggling nightmare for the people running the station. Should the cyclical nature of British pop suddenly see a re-emergance of indie or pure pop in the charts, they're going to be in a bit of trouble.
Mind you, with London's number one hit music station and Radio 1's spin-off both concentrating on R'n'B and dance, and Radio 2 concentrating on older music, ballads and soft rock, and most of commerical radio following in their footsteps, it would take a hell of a push for that sort of scene to make a concerted push into the charts again.