Raw sewage flooding property - scottish water manhole

[PinkWellies]

We have been getting major issues with flooding, last year our whole house was flooded out end July 19 and we took video footage a river of surface and raw sewage running through the neighbours garden behind us down into our property. I videoed the Scottish water sewage manhole bursting in the neighbours garden forcing the reinforced iron cover up and also rupturing 3ft long 2 inches wide crack in the concrete around it due the massive pressure of water. Raw untreated sewage flowed from the back neighbours garden into ours like a river, along with excess surface water flooding through neighbours garden from the estate behind as the drains were bursting and so was the sewage system. Our home was flooded through all downstairs.

Scottish water came and dropped off bottle of bleach, they then returned with engineers to check the area, and advised they would investigate. They then said they had inspected their systems which were working fine, no blockages or breaches but spent days at my property sticking camera’s down holes trying to find problems with our drains, after getting their camera stuck down an old land drain (we had to spend a weekend breaking up concrete in back yard so they could get camera back) they then discovered our main drains and sewage is a cast iron sealed system so they could not check or seek to place liability upon us. Our systems function without issue in relation to drainage within our boundary, it just cannot (and no domestic system can) deal with river flooding in from burst sewage and surface water from whole estate behind us. They said they were not liable as it was a 1 in 800 year rain fall. Interestingly it happened again the following week although we had at this time gone and bought a powerful water pump to try protect from further flooding which would have been inevitable if we had not been at home10pm at night sanding in our wellies with torches fighting floods for 2 hrs. It has subsequently happened again first week in august and I was fortunately home get pump on and video’s of the river of sewage bursting out of the crack in concrete at the manhole in neighbours garden. I have written to complain the issue has not been resolved and heard nothing.

I know the local combined sewage and surface water system is inadequate which is why, despite the significant large manhole which has been riveted down and concreted in, the pressure is so massive it just ruptures at this particular point and along with surface water from streets behind just floods down to my home. Problem exasperated by fact council continue develop road in front our home higher and higher (now foot higher than our historic listed property) so natural run off to the river less 40 metres down hill is not possible. We are literally now sitting in a man made sess pit.

I have had to get specialist insurance for flood risk it cost me £1400 this year, I have tried to put blockades to prevent water coming in but the trees, lay land is preventing anything strong enough to keep the force of water out and I am perplexed at the irony of law which says you have right to protect your property, but not allowed stop water flooding in if this means the water might cause problem somewhere else – so I am not allowed to stop flood water coming into my home! The neighbor to my side has similar problem as water floods into hers from back neighbours garden but her house is 6ft higher and her drive slopes down road so no risk of her home flooding, my house gets flooded from behind and from hers as it sits lower down. I cannot sell as no one will buy flood risk property and it is now worth half what we spent on it, I feel worn out listening rain falling at 2am in case it happens again, I am front line working long hours and feel more in crisis than my clients. I hate that Scottish water have not even responded and I believe they are liable for raw sewage flooding in especially as they never fixed the problem in first place.

I have tried reading the law but it seems the authorities responsible- council for road drainage and scottish water sewage have dual responsibility as the system is combined but both are avoiding liability, when I suggested to scottish water rep they move the sewage man hole from neighbours garden along 6 metres into the no mans land runs down other side my house which is no risk to any property, as I stood outside my house in tears with all my destroyed belongings dragged outside for the dump, he said no chance and the flood was 'an act of god' so no one to blame. Are there any specialist lawyers who can challenge these agencies (scots law) as I am totally out of my depth.
Thanks
Pink Wellies