ICO orders United Utilities to improve transparency of environmental information

The Information Commissioner's Office (ICO) has reprimanded United Utilities “for failing to properly handle requests for important environmental information from the public”.

It said it had fielded numerous complaints about the company’s lack of transparency – both in terms of refusal to respond to requests on the grounds the information being requested wasn't environmental, and taking longer than the legal timeframe of 20 working days to respond.

Last week, the ICO ordered United Utilities to urgently improve its handling of Environmental Information Regulations (EIR) requests. It has instructed the company to take a much broader interpretation of environmental information and has outlined further steps to improve compliance, including proactively publishing information that is frequently requested and training staff to handle requests appropriately.

United Utilities has until February 2025 to respond, confirming how it has complied with the recommendations, as well as publishing its action plan on its website. Failure to comply could lead to enforcement action.

Earlier this year, the ICO wrote to 12 water companies, calling on them to be transparent. Warren Seddon, director of Freedom of Information, said: "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. By issuing our first practice recommendation under the EIR, we are holding United Utilities accountable for improving how it communicates with the public. 

“I urge all water companies to also take heed of our recommendations and build a culture where people receive timely responses to their requests and relevant information is published proactively. Being as open as possible about your activities will go a long way towards rebuilding public trust.” 

• A BBC investigation published last week accused United Utilities of illegally discharging 140m litres of waste into Lake Windermere between 2021 and 2023, and for failing to report most of it. In a blog, the Environment Agency said: “There are several points in the article which we believe require further context and, in some instances, are misleading” – for instance that the 140m litres is based on assumptions about pump capacity “that the EA does not recognise”. The blog also set out how the EA is responding. 

Separately, the Windrush Against Sewage Pollution group said it had identified suspected permit breaches – dry spills or discharges when treatment plants were not operating at capacity – at United Utilities and Severn Trent, after studying operational data.