Water customers in England and Wales can now go to an independent adjudicator if their complaint has not been resolved by their water company and after intervention from the Consumer Council for Water (CCWater).

The Water Redress Scheme, or WATRS, will adjudicate on disputes relating to bills and payments, metering, water supply and wastewater sewerage services. The scheme does not have a minimum award sum but does impose maximum values, namely, £10,000 for disputes involving household consumers and £25,000 for disputes involving non-household consumers.

The WATRS scheme is being funded by the water companies but run independently by the Centre for Effective Dispute Resolution (CEDR) and overseen by an independent panel. The development of the scheme, which was first announced in June last year, has been carried out by the water companies working with Ofwat and CCWater.

According to Water UK, the limits are to ensure that the great majority of disputes which are currently unresolved are handled by the scheme but that those involving more significant sums are subject to the more detailed scrutiny that court proceedings involve.

WATRS is aiming to provide fast resolution by making its decision within 20 working days of receiving an application. If WATRS supports a customer complaint, it will decide what action the company must take, including carrying out work or paying compensation for loss or damage.

The service will be free to use for the customer, and the adjudicator's decision will be binding on the water company if accepted by the customer.

Under the Rules of the Scheme pplications can be made on behalf of more than one customer. However, each customer must be a named signatory to the application and must confirm that they wish to refer the dispute to the Scheme. Alternatively, each customer must have confirmed on their application that they agree to a representative acting for them on behalf of all of the signatories.

Competition disputes outside Scheme remit

The Scheme appears however to specifically exclude disputes which are likely to arise when the new competitive market opens in 2017. The WATR Rules list a number of specific instances where it cannot be used to adjudicate disputes, including

• disputes concerning the Competition Acts 1998 and 2002;
• regulatory enforcement cases;
• bulk supply determinations;
• disputes between undertakers, between licensees and between undertakers and licensees;
• water supply licensing disputes;
• whistle blowing;
• any matters over which Ofwat has powers to determine an outcome;
• resale and third party complaints;
• disputes concerning allegations of fraudulent or criminal activity;
• any dispute or disputes that are and considered by WATRS to be frivolous and/or vexatious.

Comenting on the new Scheme, Pamela Taylor, Water UK Chief Executive, said:

"Complaints against water companies have continued to fall in recent years and only a very few complaints end up deadlocked. This demonstrates that our services to customers are continuing to improve.

"But the industry believes we can do even more to help our customers if they feel things have gone wrong.

"This is why we have ensured there is now a place where customers can go for free, independent adjudication to resolve their complaint without having to go to court for their disputes."

Complaints against water companies have fallen for six years in a row and in the majority of cases companies offer a remedy that satisfies the customer. However, in a small number of cases, and after intervention from CCWater, disputes reach deadlock.

Click here to download the WATRS Rules

Click here to download the WATRS Guidance for Customers

More information on WATRS can be found at: www.watrs.org