In England and Wales, there is widespread anger regarding the deplorable state of our rivers and beaches. Open-water swimmers, fishers, and canoeists are forced to navigate through filthy water covered in brown scum. Alarming images on social media display tree roots and sewer outfalls decorated with remnants of toilet paper and tampons. Blankets of silt and algae now conceal the once pristine spawning grounds of salmon. Local streams that were once teeming with life are now cloudy, foul-smelling, and devoid of fish and aquatic plants. It is evident that there are significant issues plaguing our aquatic environment.
That is why, for the first time in English law, I have initiated legal action against six of the largest water companies, with the support of Leigh Day, on behalf of over 20 million households. If successful, this legal battle could result in compensation exceeding £800 million, equating to approximately £40 or £50 per household. Our case centers around the accusation that water companies have been underreporting pollution incidents, resulting in customers being overcharged. Additionally, instead of reinvesting their substantial revenues, these companies have distributed generous dividends to shareholders and attractive bonuses to senior staff. During the 2021-22 financial year, the main water companies in the UK paid out almost £966 million in dividends.
The public is witnessing the damage being done to our rivers and waterways, while water companies attempt to evade responsibility. Groups such as Windrush Against Sewage Pollution, the Rivers Trust, Greenpeace’s journalism team, Unearthed, and citizen scientists have conducted surveys and produced reports exposing extensive sewage discharge, not limited to exceptionally wet weather conditions. The data and evidence collected by these groups, which my claims have sought to further analyze, suggest that the number of discharges far surpasses the figures self-reported to the Environment Agency and Ofwat.
People are increasingly growing impatient and less tolerant of the harm inflicted upon waterways. A recent survey conducted by the Liberal Democrats revealed that 61% of British beachgoers were less inclined to visit the seaside this summer due to untreated sewage being discharged into the sea. Just last week, 57 participants in the World Triathlon Championship Series fell ill with severe gastrointestinal issues after swimming off the coast of Sunderland. Is it too simplistic to conclude that there may be a connection with Northumbrian Water’s sewage outfalls located further along the coast?
How do the water companies manage to evade accountability? Regulators have attempted to establish a system in which companies self-report against specific targets to incentivize better environmental performance. This self-reporting regime relies on trust and transparency between regulators and water companies. However, mounting evidence suggests that this trust and transparency have been shattered. The lack of reliable data is not the sole issue, as there are various methods through which water companies can and should monitor their environmental performance. Nevertheless, accessing this data has proven to be extremely challenging at times. Despite these obstacles, available evidence indicates a stark contrast between what water companies report and what actually occurs.
While the English water and sewerage companies are commercial enterprises, they are obligated to ensure that the sewage systems they own and operate are fit for purpose. When pollution incidents do transpire, water companies are legally obliged to report them accurately, thereby ensuring appropriate reflection in household bills. We firmly believe that sufficient data exists to demonstrate that this is not happening. Detailed analysis of the vast amount of monitoring and meteorological data, coupled with sewage treatment plants flow data, should be adequate to support our case.
The incoming chair of the Environment Agency recently emphasized the need to reset the water industry, a sentiment with which I wholeheartedly agree. It is time for a substantial and meaningful change.
Ultimately, I hope that my legal claims will ensure fair treatment of household consumers and compensation for past grievances, while also preventing any further detrimental impact on society, specifically the loss of the amenity value of rivers and seas. The overwhelming support from the public, including those willing to provide evidence, demonstrates that this is a fight in which a significant portion of the country believes. Now, it is time for the water companies to take responsibility and rectify the situation.
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