Thames Water customers could be due compensation if a new legal claim issued against it is successful.

The utility company is one of six water providers that has been accused of allegedly misleading its regulators about the number of discharges of untreated sewage it made into rivers, lakes, coastal areas, and other waterways that caused damage to the environment.

The case against Thames Water specifically is being brought on behalf of more than 11 million household customers around the Greater London area and parts of south west and south east England, and is estimated to be worth at least £159.1 million if successful. Anyone who has paid a water bill from Thames Water from April 2020 may be entitled to compensation if the case is successful.

he claim is being jointly case managed with the other five claims already issued by environmental and water consultant Professor Carolyn Roberts against Severn Trent Water, Northumbrian Water, United Utilities, Anglian Water and Yorkshire Water.

Professor Roberts’ legal action claims that these water companies have each abused their dominant market position and overcharged consumers as a result.

All six collective proceedings orders applications will be heard together by the Competition Appeal Tribunal.

The number of pollution incidents a company reports to the Environment Agency and Ofwat is a key factor in determining the price the company can charge its customers for the provision of sewerage services.

The claims argue that customers have been overcharged as a result of the companies’ underreporting. Combined, the claims are expected to lead to compensation payments for millions of customers worth over £800 million, if successful.

The next major step is a joint hearing starting on September 23 which will last up to five days, with an additional week in reserve in January 2025 if needed.

During the hearing, the Competitions Appeal Tribunal will hear why the six claims are suitable to proceed as “opt-out” collective claims and will be asked to approve Professor Roberts as the class representative.

“Opt-out” means individuals do not need to sign up for the claims, so affected customers will automatically be included in the claim against their water company unless they specifically choose to opt-out. Customers will only need to come forward at the compensation stage, if the claims are successful.   Anyone with an interest in the claims, including potential class members, can object to the CPO applications and/or the authorisation of Professor Roberts as the class representative Anyone wishing to file an objection must write to the tribunal stating their reasons for objecting, or they can apply to make written and/or oral submissions at the hearing, by 4pm on July 11, 2024. Professor Carolyn Roberts said: “In England and Wales there is growing anger about the state in which sewage discharges leave our rivers and beaches.

“The latest Environment Agency data shows that for 2023, water companies have doubled their sewage discharges despite Ofwat’s and the Environment Agency parallel investigation into sewage treatment works.

“I hope the legal claims I am bringing on behalf of millions of customers, which now include Thames Water customers, play a part in bringing desperately needed change in the water industry.”

“Water companies are required to report accurately pollution incidents as part of their legal duties and responsibilities, but it appears many such incidents go unreported.

“If these companies had correctly reported the number of pollution incidents, Ofwat would have applied performance penalties, reducing how much these companies could charge their customers. Instead, customers have been, and continue to be, overcharged, and England’s waterways continue to be polluted.”

“It is imperative that the millions of billpayers impacted by the water companies’ sewage pollution and alleged overcharging are properly compensated.”

More information about the claims can be found at www.mywatercase.co.uk.