Select Committee on Public Accounts Thirty-Sixth Report


THE WATER INDUSTRY IN ENGLAND AND WALES: REGULATING THE QUALITY OF SERVICES TO CUSTOMERS

INTRODUCTION AND SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS

1. Each of the 29 companies supplying water or sewerage services in England and Wales has an almost complete monopoly in the area it serves[1]. This creates a risk that customers may be exploited, through excessive prices, poor quality services, or both. The Office of Water Services (OFWAT), assisted by ten Customer Service Committees, are responsible for protecting customers against this risk, while allowing companies to charge enough to finance the services they provide.

2. The companies supply over 21 million customers. Since privatisation, the quality of service they have provided has improved in a number of respects.[2] The companies are permitted, however, to impose restrictions on the non­domestic use of water to help balance supply and demand. Such restrictions have been widespread in recent years, affecting 40 per cent of the population in England and Wales in 1995-96, and 31 per cent in 1996-97. In addition, domestic supplies were also at risk in parts of Yorkshire in 1995. Regulating the quality of service provided to customers is a central part of the work of OFWAT and the Customer Service Committees, and is an essential complement to their regulation of the companies' prices.

3. On the basis of a report by the Comptroller and Auditor General, the Committee examined OFWAT's regulation and monitoring of the quality of service provided by the water companies to their customers. Four key points stand out, which are relevant not only to the work of OFWAT but also to other regulators of monopoly providers of services to the public:

      (I)  Reliability of service

    It is for the companies to provide a reliable service, but regulators must have good systems for monitoring companies' ability to do so. The Committee is very concerned that, by 1994-95, 30 per cent of the water distributed by the companies was being lost through leaks. We are surprised that it has taken OFWAT so long to commence improving the arrangements they inherited in 1989 for monitoring the water companies' ability to provide a reliable supply of water.

      (II)  Encouraging improvements in service

    In a competitive market customers can go elsewhere if their supplier does not provide a satisfactory standard of service. Customers depending on a monopoly supplier do not have that option. So monopoly suppliers like the water companies need to be continually challenged by their regulator to meet customers' reasonable expectations. We are not convinced that OFWAT's general reliance in the past on drawing comparisons between companies was a sufficient stimulant to securing improvements in each company's performance. Setting specific targets for each company can provide a more effective focus, and we look to OFWAT to monitor closely whether the companies meet the target OFWAT have now set them of reducing the level of leakage in 1998-99 by nearly a third of its 1994-95 level.

      (III)  Investigating customers' queries

    Each year customers raise some 15 million queries about their bills. We look to OFWAT to complete urgently their investigation of the reasons for these queries and to ensure that, where they are the result of poor service, the companies take remedial action.

      (IV)  Applying financial sanctions where necessary

    The water companies are currently achieving a rate of return of around ten per cent, substantially above the level of around five to six per cent that OFWAT consider appropriate in the long term. This emphasises the importance of regulators pressing companies to provide a satisfactory quality of service for their customers in return for the prices charged. We note OFWAT's imposition of financial sanctions on Yorkshire Water, amounting to some £40 million, as a result of deficiencies in that company's performance. In our view it is right that regulators should be prepared to impose financial sanctions where persuasion and the setting of targets have failed to produce the improvements needed.

4. The Committee's detailed conclusions and recommendations are as follows:

Adequacy of water supplies

      (I)  The ability of the water companies to maintain water supplies is of course an essential part of their service to customers. In recent years there have been, however, widespread restrictions on the use of water and in one case essential supplies to customers were at risk. We note that OFWAT are confident that the companies have sufficient resources to maintain essential water supplies for 1998, and that in the 1999 price review OFWAT will be looking at the companies' assessments of their water supply position for the years ahead. We expect OFWAT, in doing so, to ensure that the companies have satisfactory plans to maintain the reliable supplies of water that customers expect (paragraph 21).

      (II)  The arrangements OFWAT inherited in 1989 for monitoring the number of people at risk of water shortage were unsatisfactory. We are concerned that OFWAT did not start to try to improve these arrangements until 1995, and that their review is not yet complete. We look to them to conclude it without further delay and to introduce more reliable measures for monitoring who is at risk and what is being done to reduce that risk (paragraph 22).

      (III)  By 1995, many water and sewerage companies had not reduced leakage in line with the forecasts they had made in 1990. The amount of water lost as a result of leakage was, on average, some 30 per cent of the water put into distribution systems. We recognise that leakage reduced slightly in 1996-97 and that targets now set by OFWAT require it to be reduced in 1998-99 by nearly a third compared to its level in 1994-95 (paragraph 23).

      (IV)  We are concerned, nevertheless, that leakage reduction targets were not set earlier, and that OFWAT did not act against the companies that failed to achieve the leakage reductions they had forecast in 1990. We expect them to monitor closely companies' progress in achieving their targets for reducing leakage and to act promptly if any companies fail to achieve them (paragraph 24).

Other customer service issues

      (V)  Because each company has an almost complete monopoly in its area, it is not possible for ordinary customers to take their business elsewhere if they are not satisfied with the service they are receiving. For customers to be protected adequately, the companies must be challenged to provide a good service in a way that provides as strong an incentive for them as would any threat of losing their customers' business. In the past OFWAT have relied mainly on comparisons between companies to provide this challenge. But some companies did not respond sufficiently to this pressure and OFWAT are now setting targets for those companies that are not performing properly, and are assessing all companies in terms of whether their performance has been "good", "satisfactory" or "poor". We look to OFWAT to ensure that the targets they set are sufficiently stringent to protect customers, and to act effectively against any company that fails to achieve them (paragraph 44).

      (VI)  The Committee is concerned that OFWAT have not themselves carried out any comprehensive survey to establish customers' views of the service provided by water companies since 1992, and that their subsequent surveys of customers' views have concerned mainly the level of water charges and issues relating to water metering. We do not understand on what basis they argue that only continuous monitoring of customer satisfaction has value, since monitoring at intervals can also provide reliable information regarding trends in customer satisfaction. We note that OFWAT plan to work more closely with the companies to secure regular information on customers' satisfaction. If satisfactory arrangements cannot be made with the companies, OFWAT should give further consideration to carrying out research of their own (paragraph 45).

      (VII)  In 1996 only 46 per cent of the customers complaining to the Customer Service Committees were satisfied with the outcome of their complaints, compared to 78 per cent of those complaining to the equivalent bodies in the electricity industry. We note that OFWAT plan to carry out a review to try to identify the reasons for the low level of customer satisfaction, but we understand that one reason for it may be that some of the matters customers are raising are outside OFWAT's jurisdiction. We recommend, therefore, that OFWAT should ensure that their review includes consideration of whether their powers are adequate to secure a satisfactory outcome for customers (paragraph 46).

      (VIII)  Customers raise some 15 million queries about their bills every year. We are concerned that OFWAT do not know why. We note that they are now planning to investigate the reasons; we look to them to do so as a matter of urgency and, to the extent that the queries arise because of poor service, to ensure that the companies take remedial action (paragraph 47).

Financial issues

      (IX)  As a result of an investigation of the performance of Yorkshire Water, and of its difficulties during the 1995 drought, OFWAT pegged the company's prices at a cost to the company of some £40 million. In addition, the company has reported a provision in its accounts of £48 million (at 1996-97 prices) for costs relating to the drought. We regard the imposition of financial sanctions where companies have failed to provide a satisfactory service to be important and we expect OFWAT to consider carefully the application of such sanctions if circumstances warrant them (paragraph 64).

      (X)  Following the privatisation of the water and sewerage companies in 1989, all the companies were subject to price limits set by the then Secretary of State. We note that OFWAT reset the limits in 1994 with the aim that the rate of return of the companies would fall over the ten-year period of the price limits to what they regarded as an acceptable level of five to six per cent by 2005 (paragraph 65).

      (XI)  OFWAT's adoption of this gradualist approach has contributed to the companies currently achieving a rate of return on capital of around ten per cent, which is substantially above the level of about six per cent to which OFWAT consider it could be reduced. We note that in OFWAT's next review of prices, in 1999, they will set prices so as to reduce immediately to that lower level the rate of return on capital achieved by the companies. The high returns currently being enjoyed by the companies are an additional reason why OFWAT should press hard for a satisfactory quality of service from them (paragraph 65).

      (XII)  We note that OFWAT consider the level of dividends paid by some companies to have been unacceptable and unsustainable. Such dividends might put at risk investment and the quality of service to customers. We therefore recommend that OFWAT consider whether further safeguards are required to protect customers (paragraph 66).


1  C&AG's Report (HC 388 of Session 1997-98) paragraphs 1 and 1.1-1.4 Back

2  C&AG's Report paragraph 7, paragraphs 3.4-3.6 Back


 
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