Unaccountability in Scotland
Research into some injustices

Water Charges - Overview of FOI's etc

The articles in this category include:

  1. The standardised FOI - designed to elucidate by what right non-eligible premises are charged for roads and property drainage,
  2. A typical application of it, and,
  3. The subsequent appeal to the Scottish Information Commissioner.
  4. A Decision by the Scottish Information Commissioner relating to an FOI to the Scottish Government asking for the Applicable Law for the raising of charges in a Business Centre.
  5. A typical [erroneous] Decision by the Scottish Public Services Ombudsman.

The first FOI to ask for the Applicable Law [item 4 above] was answered simply by saying that the information is in the public domain, when self evidently it isn't. The response confirmed that it was an agreed view between Scottish Water, the Water Industry Commission for Scotland, and The Water Industry Team of the Scottish Government.

The relevant Applicable Law is Section 27 of the 2005 Act which defines an "Eligible Premises" - that is a premises which is eligible [meaning liable] for Water Charges. Put simply, no connections means no charges.

Scottish Water's Revenue Protection Department who determine "eligibility" seem quite incapable of applying this simple rule.

Worse, their actions are sanctioned by both the Water Industry Commission for Scotland and The Water Industry Team of the Scottish Government. In the face of this fact, this research project set out to demonstrate that there is no other law than cited. The PROBLEM is that the relevant authorities have decide NOT to apply a very simple stright forward Law.

The current situation is as follows:

  • An FOI was raised [item 2 above], and followed up by an Appeal [item 3 above]
  • Scottish Water provided additional information which demonstrated:
    • That they agree that the law as to eligibility is as stated in Section 27,
    • That they have determined that there are no connections.
  • Scottish Water have confirmed that the argument given to them has merit, and have referred it to the Legal Department to provide the additional relevant applicable law.
  • The Scottish Information Commissioner has yet to provide a decision on whether the applicable law has been provided.

Meanwhile it appears that Scottish Water will insist that the Sheriff's Courts be used to bully small business's into paying - after all paying maybe the cheapest commercial alternative - all be it not in accordance with Section 27. And this from a government that thinks it is fit for independence !