Annex C – Enquiries
A significant amount of inspectors’ time is spent each year providing guidance on a case-by-case basis by responding to enquiries. These enquiries comprise both phone calls and email contacts. Unsurprisingly, the majority have been consistently from local authorities since the inception of the Regulations in 2010. The nature of these enquiries is variable, with some regulations attracting more enquiries than others.
In recent years, the Inspectorate has received several enquiries from local authorities requesting risk assessment training or seeking direction on where this is offered. These enquiries reflect a lack of training provision available in the sector. The Inspectorate is aware that at least one local authority may not be fulfilling its regulatory obligations due to not having sufficiently trained officers. Unfortunately, the Inspectorate is aware of only one training course that is made available to local authority officers in this key activity. The Inspectorate has had no sight of the content of this training and is therefore unable to comment on its suitability.
Some enquiries suggest a misconception of the role of the Inspectorate by local authorities with regard private water supplies. Although the Inspectorate offers technical advice on the application of the Regulations through its website and the enquiries line, it has no statutory duties beyond the collection of annual private water supplies data from local authorities, to provide an annual report on the quality of private water supplies in England and Wales, and to confirm (or not) any section 80 notice appeals that it receives. It has no remit to provide training or to facilitate improvements where they are needed, nor is it funded to do so. These are highlighted in the plethora of case studies that the Inspectorate publishes on its website. New case studies covering 2024 can be found on the Inspectorate’s website private water supplies case studies.
The Inspectorate is aware through enquiries that some local authorities are declining sampling requests from property owners or occupiers who are served by a private supply. The reason cited is that the ‘service’ is no longer offered. This would suggest either a misunderstanding of the regulatory requirements, or more worryingly that duties are knowingly not being fulfilled. It is of great concern that private supplies functions are knowingly being cut or closed when these functions are a statutory requirement. Unfortunately, the Inspectorate has no powers to investigate these reports, or those that are complaints about local authorities that have been unhelpful or have allegedly not met their regulatory obligations. Enquirers are reminded that each local authority has a complaints process which should be exhausted before contacting the Ombudsman | Public Services Ombudsman Wales. Local authorities are encouraged to consult the Inspectorate’s website prior to making an enquiry on private water supplies. In 2022 a new search facility specifically for private water supplies was created to assist those visiting the Inspectorate’s website site to locate the information and relevant guidance they seek www.dwi.gov.uk/private-water-supplies/guidance-documents/
Figure D Enquiries concerning private water supplies in England and Wales
