Environmental charity criticises lack of action by councils on sewage complaints

According to the charity, “not a single local authority has opened a formal investigation”, six months after residents across the Thames catchment submitted complaints alleging that sewage pollution is causing a statutory nuisance.

The complaints were submitted to 13 councils under the Environmental Protection Act 1990, which places duties on local authorities to investigate potential statutory nuisances affecting residents’ use and enjoyment of their local area.

According to River Action, of the 13 councils contacted:

• Four refused to investigate – (Vale of White Horse District Council, West Berkshire District Council, Southwark Council and Wandsworth Borough Council).
• Three agreed to consider whether an investigation is warranted.
• Six have yet to indicate that they will open an investigation.
• No council said it has commenced a formal investigation.

In a letter dated 12 March 2026, Vale of White Horse District Council rejected a complaint on the basis that “pollution of controlled waters is specifically excluded from being classed as a statutory nuisance.”

According to River Action, several councils, including South Oxfordshire District Council, West Berkshire District Council, Wandsworth Borough Council and Hackney London Borough Council, have suggested that sewage pollution should instead be addressed through contaminated land legislation.

River Action said: “Several local authorities have deflected to the Environment Agency. However, our expert legal advice says that the statutory nuisance regime operates alongside other regulatory regimes and so the fact that the Environment Agency has other important responsibilities for regulating water pollution does not remove the duty of local authorities to investigate complaints.”

It added: “The law is clear that sewage pollution that is likely to cause injury to health or that interferes with people’s use or enjoyment of rivers or land can be a statutory nuisance. Where there is evidence indicating a statutory nuisance, local authorities have a duty to inspect their areas and investigate complaints. If satisfied that a statutory nuisance exists or is likely to happen again, they also have a further duty to serve an abatement notice – a legal order that would require Thames Water to stop causing the nuisance.”

The charity said it has now called on the Government to place Thames Water into the Special Administration Regime.

A spokesperson for Vale of White Horse District Council, said: “We understand and share the public’s concern and anger about river pollution and its impact on our environment.

“Protecting our waterways is vital and we fully support efforts to hold water companies and regulatory bodies accountable for maintaining high standards. Our rivers are precious and we will continue to work with partners to advocate for stronger protections to ensure they are kept clean and safe for wildlife and future generations. However, under current legislation, district councils cannot use statutory nuisance powers to address river pollution.

“The responsibility for regulating water quality and enforcing compliance lies with the Environment Agency (EA), which issues permits and monitors discharges under the Environmental Permitting Regulations 2016.”

West Berkshire District Council, Southwark Council and Wandsworth Borough Council have been approached for comment.

Lottie Winson