The water sector is in need of a “fundamental reset” after “deep-rooted, systemic and interlocking failures”, according to a new report.

The interim findings from the Independent Water Commission have been published today, 3 June, ahead of its final report this summer.

Sir Jon Cunliffe, chair of the commission, has set out five areas where he believes wide-ranging and fundamental change is needed to reset the water sector in England and Wales. 

These include clearer direction from government, stronger regulation of water companies, bringing decisions on water systems closer to local communities and greater focus on responsible, long-term investors.

The commission’s full conclusions and detailed recommendations will be published later in the summer.  This interim report sets out the commission’s preliminary conclusions and direction of travel; several key decisions will be covered in the final report.

The findings are informed by the commission’s call for evidence, which ran from 27 February-23 April and received more than 50,000 responses from the public, campaigners, industry, the regulators and many others.

Sir Jon Cunliffe said: “There is no simple, single change, no matter how radical, that will deliver the fundamental reset that is needed for the water sector.

“We have heard of deep-rooted, systemic and interlocking failures over the years – failure in government’s strategy and planning for the future, failure in regulation to protect both the billpayer and the environment and failure by some water companies and their owners to act in the public, as well as their private, interest.

“My view is that all of these issues need to be tackled to rebuild public trust and make the system fit for the future. We anticipate that this will require new legislation.”

The five areas are:

• Strategic direction and planning: The report said at government level, there needs to be clearer, long-term direction on what it wants from the water system. Government needs to set out its priorities and timescales for the system much more clearly than it does at present. Water systems – rivers, aquifers and coasts – need much better planning and coordination at a regional level. The commission is considering options to move from the current complex planning process to a regional “systems planning” approach in England, bringing better coordination with local authorities and a stronger voice for local communities. It means bringing decisions on water systems, such as where new infrastructure is built or how pollution from different sources should be tackled, closer to the communities who depend on them.
• Legislative framework: The report says water legislation has evolved in a piecemeal fashion over a long period of time - there are currently around 80 pieces of legislation covering the sector. As a result, the legislative framework for water is complex, inconsistent in places and very difficult to navigate. The commission sees a strong case for review, rationalisation and consolidation of existing legislation, to simplify the framework, to create greater flexibility for regulators, and to update standards and broaden objectives. This could include new objectives around public health given the growing recreational use of water.
• Regulatory reform: The commission believes a fundamental strengthening and rebalancing of Ofwat’s regulation is needed with the introduction of a ‘supervisory’ approach, as found in sectors such as financial services.
• Company structures, ownership, governance and management: The commission is looking at whether more needs to be done to support transparency and accountability, which could include stronger duties for management. Further recommendations will follow in the final report. On ownership, the commission is clear that the water industry should aim to attract and retain long-term investors seeking low risk, low return investment. This will require restoring investor confidence in the predictability and stability of the regulatory system.
• Infrastructure and asset health: The commission said there is “not sufficient understanding” of the health and resilience of the water industry’s asset base – its pipes, water treatment plants and pumping stations. Assets have not been, and have not been required to be, fully mapped and there is variation between companies in how they assess asset health. It is considering new infrastructure resilience standards at a national level, as well as requiring companies to assess and report asset health, at set intervals, to regulators. This means companies do not just fix failures when they fail but responsibly plan for the long-term condition and resilience of these critical assets.

Sir Jon Cunliffe added: “I have heard a strong and powerful consensus that the current system is not working for anyone, and that change is needed. I believe that ambitious reforms across these complex and connected set of issues are sorely needed. 

“I have been encouraged to see, on all sides of the debate, that people have been prepared to engage constructively with our work; I look forward to that continuing as we enter the final stages.”

The Independent Water Commission was announced by the UK and Welsh governments in October 2024. It is operating independently of UK and Welsh Ministers.

It is supported by an advisory group, with leading voices from areas including the environment, public health and investment.

In response to the report an Ofwat spokesperson said: “We welcome the recommendations from the IWC interim report as an important milestone in strengthening the regulatory framework within which Ofwat operates. Change is essential if we are to deliver our vision of a secure and sustainable water sector that acts in the best interests of customers, communities and the environment.

“Moving to a supervisory approach to regulation reflects the direction we have taken in recent years with the setting up of our Sector Performance Directorate and our turnaround regime for companies that are struggling with financial resilience and performance issues, but we recognise much more needs to be done in this area.

“We will continue to work with government on how we can ensure that the sector delivers and is held to account and await the commission’s final report.”

David Hawkes, head of policy at the Institution of Civil Engineers, said: “Today’s interim report from the Independent Water Commission sends a clear signal: the current system isn’t working, and bold reform is needed.

“The ICE welcomes the commission’s recognition that stronger regulation and a long-term strategy are essential. Such a strategy must encompass improving both asset health and water infrastructure's climate resilience.

“Setting out a clear path will boost investor confidence and help attract the finance needed to rebuild trust and deliver for the public.

“The ICE looks forward to the final report's recommendations, in particular how to strengthen system leadership across the sector.”