Water regulator failure to comply with law

Published: 18 December 2024

Campaign for National Parks has launched a legal complaint to the Office of Environmental Protection, as new evidence is revealed showing that the water regulator Ofwat has not complied with the law protecting National Parks and National Landscapes.

A Freedom of Information request submitted by Campaign for National Parks reveals that within the 10 months between the new law going live in December 2023 and October 2024, Ofwat could not show how it is complying with the law nor demonstrate how it is seeking to “further” National Parks and National Landscapes in all decisions that affect these places – which it is required to do by law.

Ahead of the final determination of water company prices (PR24), due on 19^th December 2024, the complaint alleges that Ofwat has not followed the law in the PR24 process. It also maintains that the water regulator is not taking robust action to ensure that water companies prioritise the clean-up of waterways within our most precious landscapes.

Given that not a single river, lake or stream within England’s National Parks is free from pollution, Campaign for National Parks have accused Ofwat of “unlawful abdication” of its statutory duties to conserve and enhance wildlife and natural beauty across Protected Landscapes.

Campaign  for National Parks filed a complaint with the Office of Environmental Protection, the Government’s environmental watchdog.

Dr Rose O’Neill, Chief Executive of Campaign for National Parks said:

“Rivers, lakes and wetlands are the lifeblood of our National Parks. But for far too long, they have been treated like an open sewer. These are places of international importance for nature and for people’s connection with the wild – but this special status is being ignored by water companies and regulators alike.

A year ago, we celebrated when the law was strengthened mandating action – so it is criminal that Ofwat is still turning a wilful blind eye. This is of unlawful abdication of its duties to conserve and enhance National Parks.

From the lakes of the Lake District and the moorland rivers of Dartmoor, to the wetlands of Broads to the chalk streams of South Downs: National Park waterways are blighted by sewage. The water clean-up must start in National Parks. We’re taking action with this complaint in the hope that the OEP will force Ofwat to comply with the law. If this critical National Parks law is not enforced, there is no hope that UK Government can meet its legal biodiversity targets or its international commitments to protect 30% of land for nature by 2030 (“30×30”).”

According to Campaign for National Parks’ Health Check, 39% of rivers and 15% of lakes within England’s National Parks achieved good ecological status or higher, with the situation declining over the last decade. The water industry is a significant Reason for Not Achieving Good status. A recent study conducted by the University of York found “alarming” levels of pharmaceuticals from sewage pollution in England’s National Parks, posing threats to wildlife and human health.

What law is Ofwat failing to comply with?

Section 245 of the Levelling Up and Regeneration Act (LURA) 2023 came into force on 26 December 2023. It relates to the English National Parks, Areas of Outstanding Natural Beauty (National Landscapes) and the Broads. This law imposes new and more onerous requirements on Ofwat and water companies – In exercising or performing any functions in relation to, or so as to affect, any National Park or National Landscapes, they must seek to further the purpose of the landscape designation. For National Parks, this includes a duty to conserve and enhance wildlife and natural beauty. Ofwat’s Price Review (PR24) determines prices and investment for the period 2025-2030. As part of this process all companies produce a business plan for 2025-2030 setting out what they intend to deliver for customers and the environment. Given that 25% land in England is also a Protected Landscape, decisions made within PR24 significantly affect land and water within these landscapes, and so the duty therefore clearly applies – and yet, Ofwat have failed to apply it to PR24.