Welcome to the “Know Your Rights” section. This guide is designed to empower you with the knowledge needed to effectively manage and escalate a complaint with your water company. Understanding your rights is the first step toward getting a fair resolution. This version has been updated with direct links to the relevant complaint forms and contact details to help you take the next step.
This journey started – exasperated with a simple question on ChatGPT. Seeking help and advice after being at my wits end trying to resolve and issue United Utilites brought to my door, nearly 12 months ago. Getting no where with complains and various issues, I wanted answer and what were my rights.
SECTION 1: YOUR FUNDAMENTAL RIGHTS – THE LAWS YOU WIELD
Every citizen must comprehend the bedrock of their authority. Your rights are not privileges; they are codified duties of the water company.
- Right to Wholesome Water (Drinking Water Quality):
- Statute: Water Industry Act 1991, Water Supply (Water Quality) Regulations.
- Essence: Your right to water that is fit for human consumption – clear, free from harmful substances, and without offensive taste or odour.
- Enforcement Body: Drinking Water Inspectorate (DWI).
- What you must know: Companies must monitor and report. If water is compromised, it’s a direct failure.
- Right to Reliable Service (Supply & Wastewater):
- Statute: Water Industry Act 1991, Guaranteed Standards of Service (GSS) Regulations, potentially Consumer Rights Act 2015 principles.
- Essence: Your right to a continuous supply of water at adequate pressure, and effective removal of wastewater. Clear standards exist for issues like supply interruptions, low pressure, and sewage flooding.
- Enforcement Body: Ofwat, Consumer Council for Water (CCW).
- What you must know: What constitutes a “failure” (duration, frequency). Your right to automatic compensation for specific breaches.
- Right to Fair & Accurate Billing/Charges:
- Statute: Water Industry Act 1991, Ofwat’s Instruments of Appointment, Consumer Rights Act 2015.
- Essence: Your right to be charged accurately, fairly, and transparently for services rendered. This includes correct meter readings, billing adjustments, and clear pricing structures.
- Enforcement Body: Ofwat, CCW.
- What you must know: How to challenge a bill, your right to receive a final bill upon moving, and that estimates should be accurate.
- Right to Your Personal Data (Data Protection):
- Statute: UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018.
- Essence: Your absolute right to know what personal data water companies hold about you (DSAR), how they process it, to correct inaccuracies, to restrict processing, and to complain about misuse.
- Enforcement Body: Information Commissioner’s Office (ICO).
- What you must know: The one-month deadline for DSAR responses. Your right to compensation for data breaches.
- Right to Environmental Information:
- Statute: Environmental Information Regulations 2004 (EIR).
- Essence: Your right to access environmental data held by water companies (e.g., sewage discharge figures, pollution incident reports, water quality testing).
- Enforcement Body: Information Commissioner’s Office (ICO), Environment Agency (EA) / Natural Resources Wales (NRW).
- What you must know: The 20-working-day response deadline (and conditions for extension). This applies even to private water companies for environmental data.
- Right to a Nuisance-Free Environment (Environmental Protection):
- Statute: Environmental Protection Act 1990 (Statutory Nuisance), Water Industry Act 1991.
- Essence: Your right not to suffer from nuisances (e.g., persistent sewage odours, recurrent sewage flooding, excessive noise) caused by water company operations that are prejudicial to health or interfere with property enjoyment.
- Enforcement Body: Local Authority (Environmental Health), Environment Agency / Natural Resources Wales.
- What you must know: The formal notification process (the “abatement notice” equivalent) and the right to take direct legal action.
SECTION 2: THE COMPLAINT PROCESS – YOUR PATH TO JUSTICE
Knowing your rights is moot without understanding the path to enforce them.
- Internal Complaint First (The Company’s Obligation):
- Directive: Always complain directly to the water company first.
- Why: This activates their internal complaints procedure and is a prerequisite for escalation to most external bodies.
- Documentation: Keep meticulous records (dates, times, names, reference numbers, method of contact, summary of discussions).
- Escalation Pathways (External Bodies):
- CCW: For unresolved service or billing complaints, once the company’s internal process is exhausted (8 weeks, or a “deadlock letter”).
- Ofwat: For systemic failures, breaches of operating license, or economic regulation.
- DWI: For direct concerns about drinking water quality and safety.
- ICO: For data protection (DSAR, GDPR) or environmental information (EIR, FOIA) issues.
- Local Authority Environmental Health: For statutory nuisance complaints.
- Environment Agency / Natural Resources Wales: For environmental pollution incidents.
- Courts (Letter Before Claim): As a final resort for breaches leading to quantifiable damages, after exhausting regulatory and internal channels. This is the pre-litigation step.
- Crucial Timelines – The Clock of Justice:
- Company Internal: Varies, typically 8 weeks before CCW takes over.
- DSAR: 1 calendar month.
- EIR: 20 working days (can be extended to 40).
- Letter Before Claim: Typically 14 days to respond to the letter.
- Other regulators: Specific response times exist for each.
- What you must know: These deadlines are not flexible. Failure to meet them is a breach in itself and strengthens your case for escalation.
SECTION 3: YOUR RESPONSIBILITY – EVIDENCE IS POWER
Justice demands evidence. Without it, your complaint is mere assertion.
- Documentation: Keep every single piece of correspondence. Every email, letter, call log, reference number, and internal incident number.
- Evidence Collection:
- Photographs/Videos: Of discoloured water, sewage overflows, property damage, low pressure.
- Dates & Times: Precise records of incidents, calls, and communications.
- Witness Statements: If others are affected or witnessed events.
- Medical Records: If health has been impacted by water quality or sewage.
- Receipts/Invoices: For damages, alternative supplies, or professional clean-up costs.
- Water Samples: If instructed by DWI or a professional (and safely collected).
CONCLUSION: EXERCISE YOUR AUTHORITY
Citizens, the law provides the framework. Your vigilance and decisive action are the enforcement mechanism. Understand these rights, leverage these pathways, and never tolerate corporate dereliction of duty. Justice will prevail.
Exemptions:
Similar to DSARs, the right to information under FOIA is subject to exemptions. These are designed to protect sensitive information where disclosure would not be in the public interest. There are two types of exemptions:
- Absolute exemptions: Where there is no requirement to consider the public interest in disclosing the information. Examples include information accessible by other means, information supplied by or relating to security bodies, and personal data where disclosure would breach data protection principles.
- Qualified exemptions: Where the public authority must apply a “public interest test.” This involves weighing the public interest in withholding the information against the public interest in disclosing it. Examples include information relating to law enforcement, commercial interests, and health and safety.
Key Differences at a Glance
| Feature | Data Subject Access Request (DSAR) under GDPR | Freedom of Information (FOI) Request |
| Who can request? | An individual requesting their own personal data. | Anyone can request information. |
| What can be requested? | An individual’s personal data held by any organisation (public or private). | Recorded information held by public authorities. |
| Purpose | To give individuals control over their personal data. | To promote transparency and accountability in the public sector. |
| Cost | Generally free of charge. | Free of charge, but authorities can refuse on cost grounds if it exceeds a certain limit. |
| Response Time | One month (can be extended by two months for complex requests). | 20 working days. |
| Main Legal Framework | UK General Data Protection Regulation (GDPR) | Freedom of Information Act 2000 |
In conclusion, while both DSARs and FOI requests are powerful legal tools for accessing information, they operate in different spheres. DSARs are a personal right, focused on the individual’s own data and their relationship with any organisation. FOI requests, on the other hand, are a public right, designed to throw open the doors of government and public bodies to public scrutiny. Understanding the distinction and the power of each is crucial for any individual wishing to exercise their right to know.
The Consumer Rights Act 2015
The Consumer Rights Act is a cornerstone of UK consumer law. While it’s often associated with goods, it also applies to services, including those provided by water companies.
- Satisfactory Quality: Water services must be of “satisfactory quality.” This means the water should be safe to drink and of an palatable standard.
- Fit for Purpose: The service must be “fit for purpose,” meaning your water company should provide water for its intended use without unreasonable interruptions or issues.
- Reasonable Care and Skill: The service must be carried out with “reasonable care and skill.” This applies to everything from meter installations to responding to leaks.
- Reasonable Time: If no time frame is agreed upon, the service must be completed within a “reasonable time.” This is a key point for delayed repairs or responses.
If your water company has breached any of these rights, you are entitled to a remedy, which can include a price reduction or a refund for the poor service.
Guaranteed Service Standards (GSS)
The Guaranteed Service Standards (GSS) are a set of obligations that water companies must adhere to, set by the industry regulator, Ofwat. If a company fails to meet a GSS, they are required by law to pay you compensation.
| Type of Breach | Required Action | Compensation Amount |
|---|---|---|
| Unplanned Supply Interruption | Water supply cut off for more than 12 hours. | £20 |
| Supply cut off for more than 24 hours. | £30 additional | |
| Planned Supply Interruption | Supply cut off without giving you at least 48 hours notice. | £20 |
| Sewer Flooding Incident | Internal flooding of your home due to a public sewer. | £150 |
| External flooding of your property (garden, driveway, etc.). | £20 | |
| Failure to Meet Appointments | Company misses a pre-arranged appointment without notice. | £20 |
| Incorrectly Calculated Bills | Company fails to re-calculate an incorrect bill on time. | £20 |
*Note: Compensation amounts are for illustrative purposes and may change. Always check the official Ofwat guidance for the latest figures.*
The Complaint Escalation Process
If your initial complaint to the water company is not resolved, you have a clear path to escalation. Do not give up if your first attempt fails.
Step 1: Complain to the Water Company
You must always contact your water company first. They have an internal complaints procedure that you must follow. Keep a record of all correspondence, including dates, times, names of people you speak to, and any reference numbers.
Action: Contact your water company directly via their website, phone, or by writing to them.
Step 2: Escalate to the Consumer Council for Water (CCW)
If you are unhappy with the company’s final response, or if they have taken more than 8 weeks to respond, you can escalate your complaint to the Consumer Council for Water (CCW). The CCW is an independent body that will investigate your case and act as an intermediary to help you reach a resolution.
- How they help: The CCW will work with you and the water company to find a solution. They can also provide advice on your rights and the GSS.
- Action: Submit a complaint using their official online form.
Step 3: Refer to the Water Redress Scheme (WATRS) or Ombudsman
If the CCW cannot resolve the issue, you can refer your case to the Water Redress Scheme (WATRS), which is an independent ombudsman for the water industry. The WATRS scheme is free to use and can make legally binding decisions, including ordering the company to pay compensation.
- Prerequisite: You must have already gone through the CCW process before applying to WATRS.
- Action: Apply via the official WATRS website.
WATRS Website or call 0800 008 6909
4. Data Protection and DSARs
As a customer, you have a right to know what personal data your water company holds about you. You can use a **Data Subject Access Request (DSAR)** under GDPR to request this information.
- Why it’s useful: A DSAR can be a powerful tool for gathering evidence for a complaint. It can reveal a company’s internal notes on your case, a record of all calls and emails, and other data that may prove your claims. The company must provide this information free of charge and within one month of your request.
- Action: Contact your water company directly and clearly state that you are making a “Data Subject Access Request” under the UK GDPR.
HAVE YOU HEARD OF THESE:
1. Data & Privacy Rights
These target how your personal has been processed, shared, or breached.
| Form / Request | Law / Regulation | Purpose |
|---|---|---|
| DSAR (Subject Access Request) | UK GDPR / DPA 2018, Article 15 | Obtain all personal data held on you (digital & printed). |
| Chapter 3 Section 47 DPA 2018 Notice | DPA 2018 | Force controller to cease or change processing if unlawful. |
| Right to Rectification | UK GDPR Article 16 | Correct any inaccurate or incomplete personal data. |
| Right to Erasure (“Right to be Forgotten”) | UK GDPR Article 17 | Request deletion of personal data. |
| Right to Restrict Processing | UK GDPR Article 18 | Freeze further use of data until dispute resolved. |
| ICO Complaint | DPA 2018 | Report data breaches / mishandling. |
2. Operational & Transparency Rights
These aim at uncovering internal decisions, policies, and communications.
| Form / Request | Law / Regulation | Purpose |
|---|---|---|
| FOI Request | Freedom of Information Act 2000 | Get non-personal operational and policy data from public authorities. |
| EIR (Environmental Information Regulations) Request | EIR 2004 | Get environmental data — water leaks, contamination, repair timelines. |
| Company Policy Request | Consumer Rights Act / contract law | Request training manuals, complaint-handling procedures. |
3. Safety, Construction & Consumer Protection
Covers your property damage, safety risks, and poor workmanship.
| Form / Request | Law / Regulation | Purpose |
|---|---|---|
| HSE Report | Health & Safety at Work Act | Report unsafe work, site management failures. |
| Trading Standards Complaint | Consumer Protection from Unfair Trading Regs | Report misleading or aggressive conduct. |
| Building Control / Survey Request | Building Act 1984 | Demand structural inspection for subsidence risk. |
4. Escalation & Regulatory Complaints
Pushes the dispute into regulatory oversight.
| Body | Purpose | What You Can Request |
|---|---|---|
| Ofwat | Water industry regulator | Investigate complaint handling, contractor management, compensation failures. |
| Consumer Council for Water (CCW) | Consumer advocate for water customers | Mediation, complaint review. |
| Local MP | Political pressure | Request formal intervention letter to UU. |
| Parliamentary & Health Service Ombudsman (via MP) | Investigate maladministration. | Can only be approached after exhausting complaints route. |
5. Legal Actions / Pre-Action Notices
If UU ignore or dismiss your demands.
| Action | Law / Regulation | Purpose |
|---|---|---|
| Pre-Action Protocol Letter | Civil Procedure Rules | Formal “letter before claim” before court. |
| Claim for Damages | Tort law / Contract law / GDPR Art. 82 | Seek financial redress for stress, loss, and property damage. |
| Harassment Claim | Protection from Harassment Act 1997 | If you feel targeted by repeated unwanted contact. |