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Water Fluoridation

Request

May I ask if the SHA has published a report in 2007 (or at any other time) to monitor the health effects of fluoridation and to report on those effects at four-yearly intervals

If so, I request a copy (either in electronic or hard copy)

If not, could I please have an explanation as to why the SHA has not published this report.

Our Response

Request for Information – Environmental Information Regulations 2004

Thank you for your letter concerning water fluoridation. 

After considering the substance of your request it has been assessed as falling within the ambit of the Environmental Information Regulations 2004 (the ‘Regulations’).  I can confirm that NHS East Midlands does not hold the information you have requested.

You refer to s90A of the Water Act 2003 and the responsibility therein on Strategic Health Authorities (SHAs) to monitor the health effects of fluoridation and to report on those effects at four-yearly intervals.  I will address each of your points in turn:-

  • May I therefore ask if the SHA has published such a report in 2007 (or at any other time?)
  • If so, I request a copy (either in electronic or hard copy)

The SHA did not publish a report on the effects of water fluoridation on the health of persons living in its area in 2007 or at any other time.

  • If not, could I please have an explanation as to why the SHA has not published this report?

The SHA did not publish a report on the effects of water fluoridation on the health of persons living in its area in 2007 because the SHAs water fluoridation schemes are currently not subject to the new statutory and regulatory regime for water fluoridation introduced into the Water Industry Act 1991, (“the 1991 Act”) by the Water Act 2003 (“the 2003 Act”). All of the SHAs fluoridation schemes operate under legal agreements made prior to 1985.

Pre-1985 fluoridation schemes are dealt with differently from post-1985 schemes under the 2003 Act.  Until section 58(7) of the 2003 Act, (which adds a revised section 91 to the 1991 Act) comes into force, pre-1985 fluoridation schemes continue to be subject to existing rather than the new arrangements for water fluoridation schemes introduced by the 2003 Act.  Existing statutory arrangements for pre-1985 schemes do not require SHAs to publish reports analysing the effects of water fluoridation on the health of persons in their area. Accordingly the SHA does not have the report you request.

The SHA understands from the Department of Health that section 58(7) of the 2003 Act will shortly be commenced. Once it is brought into force the SHA will report at four yearly intervals on the health effects of fluoridation in accordance with the requirements of the revised section 91 of the 1991 Act.

I hope that this information is of use to you.  If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision in this case by writing to:-

Mr Kevin Orford

Deputy Chief Executive and Director of Finance

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