'Enough is enough' as council looks to take legal action against South West Water

Following anger over repeated sewage spills, Devon County Council says it is now exploring legal options to force changes.

It comes just weeks before South West Water is due to be sentenced for 18 incidents across Devon and Cornwall. The firm has responded by saying it has an improvement plan and knows there's 'more to do'.

Devon County Council’s Leader Julian Brazil has requested that the council’s legal team assess whether any lawful routes exist, having regard to the council’s statutory powers and the roles of national regulators, 'including whether any form of enforcement or other proceedings may be available'.

“Enough is enough,” said Cllr Brazil. “We have been let down for too long. Residents rightly expect safe and reliable water services. We are carefully considering what role, if any, the council can lawfully play alongside national regulators to support the protection of public health and the environment.

“The only way to ensure water company executives act is to hit them in the pocket by attaching a surcharge for fines to their already inflated salaries and bonuses."

The request follows recent public concern regarding water quality in Devon, including the incident in and around Brixham in May 2024, in respect of which enforcement action has been taken by the relevant regulator resulting in a fine of £1.9 million after water supplied in and around Brixham was contaminated with the parasite cryptosporidium.

Four people were hospitalised, and there were more than 140 confirmed cases of sickness and diarrhoea during the 54-day incident in May 2024.

There's more about last week's sentencing here and the Drinking Water Inspectorate's reaction can be found here

The Council will also host Devon’s first Water Quality Summit this autumn led by the Council’s Deputy Leader, Councillor Paul Arnott.

The summit will bring together regulators, water companies, district councils, landowners, community groups and other stakeholders involved in protecting and improving Devon’s rivers, streams, estuaries and coastal waters.

Only around a fifth of Devon’s surface water bodies currently meet the “good ecological status” required under national regulations. Key pressures include agricultural runoff, urban pollution, wastewater discharges and the impacts of climate change on rainfall and flooding.

Councillor Arnott said: “Water quality is rightly a matter of strong public concern. Residents should have confidence in the safety of their water and in the protection of the natural environment.

“The summit will provide an opportunity for open and constructive dialogue between all relevant organisations, including expectations around investment, infrastructure and environmental performance. Some local authorities have taken legal action against water companies in specific circumstances, including the use of s222 of the Local Government Act 1972. The Council is currently considering all its options and how to best serve and protect its residents and communities."

Towns across Devon and Cornwall have already been invited to join a first of its kind legal challenge against South West Water by legal firm Leigh Day.

What has South West Water said?

A South West Water spokesperson responded by saying: “We recognise concerns about water quality in Devon and we continue to work proactively with councils to discuss our local plans and deliver improvements.

"We’re investing £760 million to tackle storm overflows and have reduced spills by 17% in the last year, with spill duration down by 25%. We know there is more to do but the data shows the plan is working.

"We are looking forward to the opportunity to discuss our multi-million-pound plans to improve water quality at Devon County Council's water summit.

"We appreciate the opportunity to help shape the event and continue to engage constructively with the council."

In Pennon’s full-year results on Wednesday, the group revealed a return to profit, with pre-tax profits of £114.4 million for the 12 months to March 31 against losses of £72.7 million the previous year.

Today the Water firm revealed revenue of £1,291.4 million, up from £1,047.8 million last year.

Keith Haslett, Group Chief Executive Officer, said: "I am delighted to have started my tenure as Chief Executive at Pennon, at what is an important moment both for the Group and for the wider UK water sector.

"As Pennon enters a new era under my leadership, it does so on the back of a return to profitability and the mobilisation of our AMP8 investment plan.

"However, it is clear that there is more work to do, and improving operational discipline and capital delivery will be important to meet the commitments we have made and the standards we aspire to achieve in the future."

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