Sewage legal claim Exmouth residents not reassured by South West Water boss’s response to grilling from MPs

Residents and businesses bringing a legal claim over sewage pollution in the Exmouth area say they have not been reassured after the South West Water company boss responded to questions from MPs this morning, Tuesday 25 February 2025.

The Environment, Food and Rural Affairs Committee questioned Susan Davy, the chief executive of the Pennon Group which owns South West Water (SWW), on the company's finances, its environmental performance and customer satisfaction.  

In response to questions about SWW’s record as one of the worst rated water companies in England for water pollution, Ms Davy noted that it was not SWW’s intention to harm the environment and said that incidents that contribute to water pollution are “not activities we [SWW] undertake every day”.

Ms Davy said overall incidents of pollution were down, and she intends to continue that trend whilst expanding the number of beaches in Devon and Cornwall that SWW would work to improve.

Lawyers representing Exmouth residents in a legal claim against SWW said Ms Davy’s answers were disappointing.

Clients said her answers were vague and offered no reassurance that the number of sewage spills would improve quickly.

Nicky Nicholls, who runs local seaside businesses Sideshore, said:

“It is hard to feel reassured by vague future promises from Susan Davy, when our lives are impacted by pollution incidents on a daily basis. 

“Hearing that SWW spilled sewage five times more than we could expect is shocking - and as Alistair Carmichael MP suggested, it make us wonder if these are ‘isolated incidents, or a course of conduct.’”

Bernie Rhodes, who runs a local swimming company, Sea Swim Devon, said:

“The impact on our sea swimming business has been devastating. Public confidence in water quality is low and the amount of pollution incidents has meant we have had to cancel many of our sessions.

“We risk having a generation of children who won't be taught how to stay safe in the sea, or how to enjoy its many mental and physical health benefits - which as a coastal community feels very, very sad.”

Nicky and Bernie are among more than 1,000 people who have joined a legal action alleging that sewage pollution from SWW in the Exmouth area has negatively impacted residents and businesses. The action launched in October 2024 and alleges that sewage spills from SWW and subsequent warnings against swimming in the area have negatively affected tourism, as well as restricted locals from participating in activities such as wild swimming.  
  
The legal action, run by law firm Leigh Day, covers residents and businesses in Exmouth, Budleigh Salterton, Lympstone and the Exe Estuary, and has been joined by a wide range of people from the local community.  
  
Leigh Day’s clients seek to hold SWW accountable for the pollution – something they argue did not happen at today’s committee hearing – as well as to compensate residents and businesses for the negative impact allegedly caused by the pollution.    

It is one of the first community-led legal action of its kind against a water company, which was made possible by a landmark Supreme Court ruling in June 2024 allowing private nuisance claims to be brought by against sewage companies for sewage discharges into waterways. 
    
Leigh Day solicitor Nicholas Smith said:

“Our clients have every right to be disappointed by Ms Davy’s answers today.

“Instead of providing the clarity they were seeking, Ms Davy has indicated to our clients that the only way to hold SWW to account for the negative impact of water pollution they allege is to take legal action.”

Leigh Day partner Oliver Holland said:

“Ms Davy said the environment is paramount for South West Water, but as the Committee noted, the company tops the league of water companies in the UK for pollution incidents per km of sewer.

“The divide between what the company says and does is one of the reasons our clients feel their best chance of recourse for the harm they allege they have suffered to their businesses and lives is legal action.”

The link to the select committee hearing can be found here.