Action taken against United Utilities

In light of concerns about United Utilities’ failure to keep Blackpool’s water clean, I urge the company to comply with the Information Commissioner’s Office (ICO) and be more transparent.

Today the ICO has revealed it has taken action against United Utilities, which manages water and wastewater services for the North West, for failing to properly handle requests for important environmental information from the public.   

Water companies have a legal obligation to make information about the environment available under the Environmental Information Regulations (EIR), both proactively and if requested by the public.

In a recommendation issued today, the ICO said it had received numerous complaints about United Utilities’ lack of transparency and that it has “repeatedly failed to respond to requests for information within the legal timeframe of 20 working days”.

Last week I met with water regulator Ofwat to express my concerns regarding the ongoing issues with sewage treatment in Blackpool and the impact this is having on our town. In July Ofwat announced that it had opened an enforcement case into United Utilities to investigate how it manages its wastewater treatment works and networks.

Ofwat has been investigating all wastewater companies since 2021, assessing companies' environmental performance and data about how often companies spill sewage into our rivers and seas from storm overflows.

Environmental Agency data shows that in the 88 days since my election on 4th July until the 30th September, pollution risk warnings were issued on 57 of those days along with advice against bathing across Blackpool beaches.

With Ofwat I discussed the environmental performance of United Utilities and the improvements needed as well as monitoring and enforcement, and the importance of holding water companies to account.

Following the complaints, the ICO also found that the water company often refuses to respond to requests because they claim that the information being requested isn’t environmental. The ICO has now instructed United Utilities to take a much broader interpretation of environmental information in line with decisions made by the Commissioner, and ensure it properly handles legitimate EIR requests.

The practice recommendation outlines further steps for United Utilities to take to improve its compliance, including proactively publishing information that is frequently requested and training its staff to handle requests appropriately.

Warren Seddon, Director of FOI at the ICO, said: “Any information that would enlighten the public about how United Utilities operates and the impact it has on the environment is, by its very nature, likely environmental – this includes data on sewage spills and the performance of its wastewater treatment works. By using such a narrow interpretation of environmental information, United Utilities is deliberately ignoring the bigger picture to avoid their legal obligations to even consider whether to release the information people are legitimately asking for.”

Earlier this year, the UK Information Commissioner John Edwards wrote to 12 water companies, calling on them to put transparency first to rebuild public confidence in the sector. This followed ongoing concerns about sewage pollution and the lack of information made readily available.

“As MP for Blackpool South, where the sea is our greatest natural asset, I will do everything in my power to hold United Utilities to account to ensure the safety of our waters. ”

Warren Seddon added: “Our message to water companies is simple – we expect transparency to be your default position. It is unacceptable to keep people in the dark when they have no choice but to rely on these firms for clean water.”

Failure to comply with a practice recommendation may lead to further enforcement action if an organisation is still not complying with the law.

The government is also closing in on polluting water bosses with the introduction of the new landmark legislation, The Water (Special Measures) Bill.

This new legislation will enforce severe penalties, including unlimited fines, on senior leaders responsible for illegal sewage discharges. This is a significant step forward in our efforts to protect our coastline and ensure that those who pollute our waters are prosecuted.

As MP for Blackpool South, where the sea is our greatest natural asset, I will do everything in my power to hold United Utilities to account to ensure the safety of our waters. I welcome the ICO’s latest action, alongside Ofwat’s ongoing investigation and the government’s introduction of significant new enforcement powers.

United Utilities is expected to respond to the ICO by February 2025 to confirm how it has complied with the practice recommendation, as well as publishing its action plan on its website.