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The sea swimmer suing over sewage spills on Devon coast

It's the shocking story that's being labelled 'the new Post Office scandal'. After moving to Exmouth five years ago, Jo Bateman found that a daily dip in the sea had a transformative effect on her mental health. But after her swims started to become frequently disrupted by sewage spills, she decided to take action.

As well as suing her local water company, South West Water, she's also refused to pay part of her water bill until action is taken. And after receiving thousands of messages of support - she's joining us in the studio, and we've also sent Alice Beer to South West Water's headquarters. 

Explaining some background, consumer expert Alice Beer said, “South West Water are responsible for water and water services to some 1.8million customers across Devon, Cornwall, Isles of Scilly, some parts of Dorset and some parts of Somerset. Their coastlines and beaches became disgusting and unusable on many occasions last year, when South West Water pumped sewage directly from their pipes into the sea.”

She added, “Water companies across the country have been accused of doing this and they are allowed to do this when heavy rainfall threatens to overwhelm their systems and they have to do it to prevent flooding. But the environmental agencies last year sued South West Water for illegally doing it on so many occasions and fined them £2.15million for illegally dumping sewage into the sea causing significant environmental harm.

But what can residents of this beautiful area do, and what chance do they stand against a big company like South West Water? Well we have seen from Mr Bates vs The Post Office what one man's fight can achieve, so in Devon another David is finding her Goliath - Jo Bateman is refusing to pay her sewage part of her water bill and is taking South West Water to the small claims court and is bringing a case - so the battle of the sea starts here  - on This Morning’s sofa…”

Speaking live in the studio, Jo Bateman said, “They were fined £2.15million but they paid their shareholders £112million last year so it’s peanuts to them. I fell in love with cold water swimming, even in summer it’s never that warm but for me within a pretty short time you stop feeling that and it becomes really quite meditative, all you can think about is the water, everything else just disappears and it’s such a boost to your feel good hormones. 

“I used to swim in an area just before it enters the sea called ‘The Duck Pond’ in Exmouth and there are three outlets that can dump sewage directly into the duck pond and I didn’t know that. It was one of my favourite swimming places but I did occasionally notice, like a slick on the water and I now realise what that was, and as time went on I began to learn about what was going on. And the more I learned the worse it got. I almost wish I didn’t know because ignorance is bliss. But now I know and it's disgusting. I now don’t swim there ever because I don’t trust it to be clean, ever.”

On taking them to court Jo explained it’s not about the money, it’s the principle. She said, “The total amount for the claim - including the £50 court fee - is £379.50. But it’s not about that, it’s the principle and holding them to account. It’s about time that they were honest about what they are doing, and why, and when they do it.

Legally all water companies are allowed to dump sewage in the sea when there’s been heavy rain - I’m not claiming for all the spills even though I think they are completely wrong - but if South West had been properly investing in its infrastructure and its maintenance, this wouldn’t be happening. It shouldn't be happening anyway, even legally. But what I’m claiming for is for those occasions when spills occurred when there hasn’t been heavy rain. There is plenty of evidence in the public domain that it happens when there hasn’t been heavy rain.”

On deciding to take action and not paying the sewage part of her water bills, Jo explained, “Initially, I told South West Water I wasn't going to pay part of that bill and they warn you about debt recovery and bailiffs etc. but if you’re not happy with the water company response, you can go to the Consumer Council for Water and they basically said there was nothing they could do.

The threats of bailiffs did worry me and I did cave and paid what I owed them. But a year went on and last year, this became more and more of a national thing and I thought ‘I can’t cave, I’ve got to do this’. But just me isn’t enough, if everybody across the country did it it’d be fantastic and it might have a proper impact - thousands of people are now doing that and that’s amazing…”

She added, “I cancelled my direct debit, so now they have to send me a paper bill - which I'm generally opposed to environmentally - but it’s the only way I can properly keep account of exactly how they are charging me. I then choose when I pay and how I pay.”

On taking them to court Jo explained it’s not about the money, it’s the principle. She said, “The total amount for the claim - including the £50 court fee - is £379.50. But it’s not about that, it’s the principle and holding them to account. It’s about time that they were honest about what they are doing, and why, and when they do it.

Legally all water companies are allowed to dump sewage in the sea when there’s been heavy rain - I’m not claiming for all the spills even though I think they are completely wrong - but if South West had been properly investing in its infrastructure and its maintenance, this wouldn’t be happening. It shouldn't be happening anyway, even legally. But what I’m claiming for is for those occasions when spills occurred when there hasn’t been heavy rain. There is plenty of evidence in the public domain that it happens when there hasn’t been heavy rain.”

Speaking again with Alice to see if South West Water wanted to respond. Alice said, “We asked for the opportunity to interview them and they declined that. I tried again this morning - they were very sweet and offered a cup of tea but said no - but they gave us a statement. 

It says: ‘The issue is a top priority for them, we care deeply about the region's bathing waters and it’s always upsetting if people feel they can’t enjoy the beach. Almost all the bathing waters in the South West have good or excellent water quality status determined by the environment agencies…”

Alice added, “Interestingly, I believe that is judged between May and September and not some of the periods that Jo has been talking about. South West Water also says, ‘Our customers rightly want to reduce the use of storm overflows which are essential to prevent flooding. We have a plan, but we know there is more to do’. 

Adding: “They have also told me today that they are in conversation with Jo so we will see where that goes.” 

“Water UK which is a trade association for all water companies in England said: ‘The number of English bathing waters with good or excellent ratings has more than tripled since the 1990s and are proposing an £11billion investment to massively reduce storm overflows and improve our waterways’. 

“So a lot of talk about money going in… is it too little, is it too late? Well done Jo.”

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