River Action to press for special administration clarity in court

River Action has launched legal challenge over the Government’s lack of explanation about when it will trigger special administration for Thames Water.

The clean water campaigner sought a judicial review, arguing the environment secretary has acted unlawfully by failing to have or publish a policy on when he will use his power to ask the High Court to put Thames or any failing water company in the Special Administration Regime (SAR), given there is a “legal mechanism to take action, serious breaches by Thames Water, rising harm to customers and rivers, and calls from the Independent Water Commission for a clearer policy”.

The claim challenges two key ‘failings’ by the Government:

• Failure to publish a policy, breaching core public law duties.

• Failure to develop a policy at all, breaching obligations under the Habitats Regulations and other planning and environmental law.

River Action said: “We believe that special administration represents the most effective and immediate means of addressing the failures within the water industry. We see special administration as the first step toward meaningful and necessary systemic reform including providing the opportunity for a shift to a public benefit model of water ownership, governance and financing, of the type seen successfully implemented across Europe. We are calling for the urgent use of special administration procedures for Thames Water as a tool to stabilise and reset using public benefit principles, with other failing water companies to follow as necessary.”

The claim awaits court review.