Request
I am trying to build up a picture of the water fluoridation schemes in operation in the NHS East Midlands area. From the information you have kindly provided so far I have deduced that two such fluoridation schemes are in operation, one based in Nottinghamshire County PCT and the other in Lincolnshire Teaching PCT and that these two schemes are going through a process of up-dating to meet the latest DWI Code of Practice. This has inevitably led to further questions and I would be most grateful if you would provide me with more information. The sort of things which would be useful includes, but need not necessarily be limited to (for each of the schemes):-
1. Size of the population covered by each scheme
2. The geographical coverage (by local authority or ward boundaries)
3. The number of water treatment works which have been modified to deliver fluoridated water
4. The length of time the schemes have been in operation
5. The annual operating costs of the schemes by year since their inception
6. A detailed breakdown (by water treatment works) of the work required to meet the DWI Code
of Practice (a copy of the relevant report/s from the water undertakers would be most useful)
7. Copies of funding requests to/from the Department of Health
8. Details of any indemnities provided to the water undertakers
9. The estimated or actual benefits (in terms of reduced dental treatment costs) over the duration of the schemes operation.
Our response
I refer to your email seeking further information in respect of water fluoridation schemes in operation in the East Midlands area.
Your request has been assessed as falling within the remit of the Environmental Information Regulations (EIRs) and I can confirm that we do hold some of the information that you have requested. I will address each of your points in turn:
Size of the population covered by each scheme
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Severn Trent supplies approximately 310,000 people residing within Nottinghamshire PCT, Derbyshire County PCT and Bassetlaw PCT. Anglian Water supplies predominantly communities in Lincolnshire PCT. We do not hold data as to the population size.
The geographical coverage (by local authority or ward boundaries)
The number of water treatment works which have been modified to deliver fluoridated water
The length of time the schemes have been in operation
The annual operating costs of the schemes by year since their inception
A detailed breakdown (by water treatment works) of the work required to meet the DWI Code of Practice (a copy of the relevant report/s from the water undertakers would be most useful)
Anglian Water
- NHS East Midlands does not hold a detailed breakdown of the works required to meet the DWI Code of Practice.
Severn Trent Water
- NHS East Midlands does hold this information. However, the information relates to proposals only and as such is incomplete. We are therefore of the opinion that Regulation 12 (4) (d) which relates to ‘material which is still in the course of completion, to unfinished documents or to incomplete data’ is engaged in this instance. We feel that revealing these proposals could cause unnecessary alarm among the local citizens and that it would be highly unsatisfactory to reveal to the public material which is at an embryonic and hypothetical stage.
- We are also of the opinion that the exception available at regulation 12 (5) (e) (The confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest) is engaged. The disclosure into the public domain of this information would adversely affect the confidential nature of the information by making it publicly available and would consequently harm the legitimate economic interests of Severn Trent Water Authority.
- Severn Trent Water is engaged in a number of significant partnership arrangements and disclosure of this information could seriously undermine the requirement of the Authority to treat all contractors equally as the release of the information could assist potential bidders to the disadvantage of Severn Trent Water. We also feel that releasing the information into the public domain would prejudice the position of Severn Trent Water’s position on tendering further contracts in the near future in that possible participants in the bidding process could identify the positions negotiated in recent deals which would be prejudicial to Severn Trent Water’s ability to ensure best value for the public in any future water projects that it procures. It would not therefore be in the public interest to prejudice the ability of Severn Trent water to protect its economic interests by maintaining the confidentiality of their commercially sensitive information. We also feel that it would not be in the public interest to disclose information which could undermine Severn Trent’s position on tendering further contracts or in disclosing information that might have a financial impact on existing contracts and agreements. We recognise the need to protect commercially sensitive information particularly in relation to on-going issues so as not to prejudice the commercial viability of contractors. The public interest in maintaining the exception at regulation 12(5) (e) outweighs the public interest in disclosure.
- We also feel that EIR regulation 12 (5) (a) which relates to national security and public safety can be engaged in this instance. We feel that the disclosure of information relating to the site issues and constraints, detailed diagrams of existing and proposed sites, the precise locations of storage tanks and dosing injectors would assist those planning criminal activities by providing information which would only otherwise be available to an ‘insider’ and would assist them in targeting their activities.
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Balanced against the factors in favour of release is the very strong public interest in the maintenance of public safety. Due to the damage, which an incident could cause to the general public and the immediate area, there is a strong public interest in avoiding release of information where it could assist in the planning of criminal activity or the undermining of an effective emergency response.
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The public interest in maintaining public security is strong and we feel that the balance lies in favour of withholding material where it could have an adverse effect on the local population and endanger public safety.
Copies of funding requests to/from the Department of Health
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NHS East Midlands does hold some of this information. However, the information relates to proposals only and as such is incomplete. We are therefore of the opinion that Regulation 12 (4) (d) which relates to ‘material which is still in the course of completion, to unfinished documents or to incomplete data’ is engaged in this instance. The disclosure into the public domain of this information would also adversely affect the confidential and unfinished nature of the information by making it publicly available and would consequently harm the legitimate economic interests of the Water Authorities.
Details of any indemnities provided to the water undertakers
The estimated or actual benefits (in terms of reduced dental treatment costs) over the duration of the schemes operation.
I do appreciate the concerns that you have expressed and understand that you might have further queries. If this is the case I have arranged for Bob Nettleton (Strategic Advisor SHA Estates (Midlands Division) to speak to you to allay any further concerns. Bob can be contacted on 0121 695 2226.
I hope that this information is of use. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Moosa Patel
Director of Corporate Affairs
NHS East Midlands
Octavia House
Interchange Business Park
Bostock's Lane
Sandiacre
Nottingham
NG10 5QG
If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
