Devon County Council’s Leader, Councillor Julian Brazil, has asked officers to explore whether any legal options are available to the authority in relation to ongoing concerns about sewage discharges and water quality in the county.
Councillor 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.
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, Devon, 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.
Councillor Brazil said:
“Enough is enough. 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.
“Executives should also be subject to the full force of the law.
“Any action would be subject to detailed legal advice and the evidential thresholds required for formal proceedings. The Council will continue to work constructively with partners while ensuring that residents’ concerns are properly addressed.”
This work reflects wider public concern about the effectiveness of current regulatory arrangements in protecting residents, businesses and the environment.
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.