Water Seepage and Flood Damage (Hansard, 20 July 1994)

§ Mr. Jim Cunningham
To ask the Secretary of State for the Environment how many complaints he has received with regard to water seepage and flooding from residents in Coventry; and what was their nature.

§ Mr. Atkins
No recent complaints of this kind can be traced.

§ Mr. Jim Cunningham
To ask the Secretary of State for the Environment if he will outline the responsibilities of water authorities to the consumer for water seepage and flood damage and for the costs involved; and how the responsibility is determined.

§ Mr. Atkins
Water undertakers have the same responsibilities as anyone else under the law of torts for damage caused by water escaping from their mains and pipes. In addition, there are specific statutory obligations under section 209 of the Water Industry Act 1991, which generally makes water undertakers strictly liable for loss or damage caused by the escape of water from their pipes and under schedule 12 to that Act which imposes strict liability for, among other things, damage to land or buildings attributable to the exercise of water and sewerage undertakers' works powers. Compensation under schedule 12 is assessed by the lands tribunal or an arbitrator, according to the provision concerned. other claims are a matter for the ordinary courts.

§ Mr. Jim Cunningham
To ask the Secretary of State for the Environment what are the responsibilities of the regulator for the water industry in dealing with seepage and flooding and determination of responsibility in these matters.

§ Mr. Atkins
The Director General of Water Services has duties under the Water Industry Act 1991, among other things:

(a) to consider complaints by consumers that a water or sewerage undertaker is in breach of requirements enforceable under section 18 of that Act and, in appropriate circumstances, to take suitable enforcement action;

(b) to investigate complaints about water and sewerage undertakers' carrying out works on private land and, if appropriate, to award payments of up to £5,000 to the complainant for any failure, loss, damage or inconvenience;
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(c) to investigate, either directly or through a customer service committee established by him, other complaints about water and sewerage undertakers' discharge of their functions, and to take such action as he thinks appropriate, including making representations to the company concerned.
Depending on their nature, complaints about seepage and flooding from the activities of water and sewerage undertakers could come under any of these arrangements.

§ Mr. Jim Cunningham
To ask the Secretary of State for the Environment if he will ensure the proper co-ordination between the Severn Trent water authority and environmental health authorities in Coventry in dealing with water seepage resulting in flooding; and if he will investigate the methods used by the Severn Trent water authority for establishing the source of the seepage and flooding of the Wykes family home at 19 Lindley road, Coventry, and why they have failed to accept responsibility for dealing and establishing the source of the flooding.

§ Mr. Atkins
The Severn Trent water authority ceased to function on 31 August 1989. Responsibility for water supply and sewerage in Coventry now lies with Severn Trent Water Limited, a private-sector company. Co-ordination between that company and Coventry city council is a matter for those bodies. Statutory arrangements exist under the Director General of Water Services for investigating complaints by consumers against water and sewerage undertakers. It would not, therefore, be appropriate for the Secretary of State to intervene.