The UK Government is facing a potential new legal challenge from environmental organisations on its failure to meet its legal obligations with regard to the water environment.

Photo credit: Philip Reiner

In a letter sent to Rishi Sunak yesterday, the directors of Thamesbank and Thames Blue Green Economy warned the Prime Minister:

“The UK Government must sort this mess out or face litigation from our associated organisations in the courts.“

The legal challenge from environmental organisations relates to the Government’s ongoing failure to meet two key legal obligations, namely:

i. to implement Integrated Water Resources Management with Nature-Based Solutions (IWRM and NBS) at all levels by 2030 required under the UN Sustainable Development Goal 6 (SDG 6)

ii. the requirements to ensure meanginful public participation in environmental decision making under the Aarhus Convention.

The NGOs accept that the implementation of IWRM & NBS must be paid for. However, the letter says that the public should pay no more money to water and sewerage companies unless they are granted a meaningful say on water-related issues in accordance with the government’s agreement to meet the legal requirements the Government has signed up to. According to the NGOs, the public could legitimately contest their water bills until their legal rights are enforced, and they are able to effectively participate in environmental decisions about water and wastewater in their river basins. 

The directors are now calling on the Government to include the implementation of IWRM & NBS at all levels in its Storm Overflows Discharge Reduction Plan to ensure it is fully compliant with the Aarhus Convention.

The Aarhus Convention grants the public a meaningful and effective say in environmental decision making at the earliest opportunity when options are open. “This cannot happen in the UK in relation to water, as water management is balkanised and incomprehensible to the public,” the letter warns.

Existing consultation processes - "hollow, over complex, not fit for purpose and do not comply with the law"

Co-author Prof Jacob Tompkins OBE, independent water consultant and Founder of Waterwise said:

“The existing consultation processes are hollow, over complex and prevent rather than encourage real public engagement - they are not fit for purpose and do not comply with the law.”

Lady Berkeley of Thamesbank commented:

“There is surprisingly, and worryingly, no Government plan to implement IWRM & NBS for the Thames River and any other UK river basin.

“The Thames is now up for sale to the highest bidder and there is no overarching national plan of IWRM & NBS. Matters have become worse for the Thames, not better, in every sense - from sewage spills, drought, flooding, over-development of the riverbanks and the massive reduction in public access to the River.

“How then will the UK Government implement IWRM & NBS by 2030?”

The NGOs have asked the Prime Minister to formally respond to the letter.