The Office for Environmental Protection (OEP) today (Thursday, 8 January) confirms that it has identified possible failures by Defra and the Environment Agency (EA) to comply with the Water Framework Directive (WFD) Regulations, one of the key laws in place to protect and improve the quality of our rivers, lakes and seas.
Both public authorities have been sent information notices setting out the details of the suspected failures to comply with environmental law identified by the OEP. They have two months to formally respond.
OEP launched an investigation into compliance with the WFD regulations after publishing a report in May 2024 which found a number of issues with how they were being implemented.
The regulations require plans to be in place for individual water bodies. When the OEP looked at these plans, it found they tended to be too generic and didn’t address specific issues at individual sites, and were being put in place despite low government confidence that their objectives could be achieved. These issues with implementation mean that key targets for improvement of water bodies by 2027 are highly likely to be missed.
Helen Venn, Chief Regulatory Officer for the OEP, said: “Protecting and improving water quality in our rivers, lakes and seas is an area of significant focus at this time, and government is planning big changes for the future. But parallel action is needed now to drive improvement
“We have been looking at whether the issues raised in our previous report on the implementation of the current WFD Regulations represent possible failures to comply with environmental law. We have concluded that they do.
“This is important, because clarifying what is now required of public authorities and identifying issues with compliance can ensure that good practice can be embedded into any new approaches and systems.
“It also highlights the need for urgent action to be taken now. We believe there are potential on-going failures to comply with environmental law that are impacting negatively on water quality today. While there is much focus on the future, the public authorities concerned must not lose sight of their obligations in the here-and-now.”
Separately to the OEP investigation, in April 2025, a ruling by the Court of Appeal, the Pickering Fishery Association judgment, has also confirmed that the WFD Regulations require specific plans for individual water bodies.
The OEP information notices set out possible failures relating to the preparation, approval and implementation of programmes of measures under the River Basin Management Plans (RBMPs) published in 2022. The notices also identify possible failures relating to the reasons provided for exemptions in the RBMPs, the public consultation process, and the requirement to prevent deterioration in the status of water bodies. (1)
The OEP will consider next steps when it has received responses to the information notices from Defra and the EA.
Notes:
(1) For Defra: possible failures to comply with regs 3 and 12 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
For the Environment Agency: possible failures to comply with regs 3, 12, 16, 17, 29 and 36 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
The investigation is being carried out under s.33(2) Environment Act 2021 into the Secretary of State for Environment, Food and Rural Affairs and the Environment Agency, regarding potential failures to comply with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
The OEP report ‘A review of the implementation of the Water Framework Directive Regulations and River Basin Management Planning in England’ can be found here: OEP finds ‘deeply concerning’ issues with how the laws in place to protect England’s rivers, lakes and coastal waters are being put into practice | Office for Environmental Protection
Full reference for the Pickering Fishery Association judgment: Secretary of State for Environment, Food and Rural Affairs v R (Pickering Fishery Association) [2025] EWCA Civ 378. The OEP intervened in the appeal and our written submissions can be found here: OEP files written submissions for the Pickering appeal case | Office for Environmental Protection
