By email 

steve@ecoli-uk.com

Our refs: 13/09/24/JS/353 & 01/07/24/JS/188 ICO ref: IC-327033-H4W8 

Dear Steve Nash, 

26 September 2024 

Re: UKHSA - New Freedom of Information request of 01/07/2024 into the Investigation of a Shiga-toxin producing E. coli (STEC) O157 outbreak in the UK in 2022, made in accordance with FOIA 2000. 

Thank you for your request received on 1 July 2024 addressed to the UK Health Security Agency (UKHSA). UKHSA’s Information Rights team wrote to you on 9 August 2024 to explain that your request had been forwarded to UKHSA's Enquiries team who were co-ordinating the response. The Enquiries team responded to your request on 22 August 2024. 

The Information Commissioner’s Office (ICO) wrote to UKHSA on 13 September 2024 stating that our response did not comply fully with the Freedom of Information Act 2000 (the Act). The ICO asked UKHSA to issue a fresh response to your request, clearly stating the exemption the UKHSA intends to rely on, considering the public interest test, and providing an anticipated publication date. Please see our response below. 

Request 

I wish you to provide me with a copy of the UKHSA report prepared in relation to the outbreak. 

I also wish you to provide me with the information contained in parts 1 – 7 of my original request, specifically: 

1. The current total number of confirmed cases of E.coli O157 including those in England, Scotland, Northern Ireland and Wales, in relation to this outbreak. Phage type(s) would also be helpful in relation to question 1. 
2. Is there any other non O157 STEC’s that have been linked to this outbreak in England? 
3. Have there been any cases of HUS linked to this outbreak in England and have there been any deaths? 

1 

1. Is there any other non O157 STEC’s that have been linked to this outbreak in Scotland, Northern Ireland and Wales? 
2. Have there been any cases of HUS or deaths linked to this outbreak in Scotland, Northern Ireland and Wales? 
3. How many patients who had contracted E.coli O157 or non O157 STEC in this outbreak required medical or hospital treatment? 
4. A breakdown of age & sex of those involved in this outbreak? I note this information may possibly have been gathered from some questionnaires and telephone calls to those affected by this outbreak. 

Response 

In accordance with Section 1(1)(a) of the Act, I can confirm that UKHSA does hold the information you have specified. 

However, this information is exempt under Section 22 of the Act, which states that public bodies are not obliged to disclose information that is intended for future publication. The application of Section 22 does not require a set publication date to be in place. Section 22 is a qualified exemption and, as such, we are required to assess as objectively as possible whether the balance of public interest favours disclosing or withholding the information. 

We recognise that there is strong public interest in information being made as freely available as possible, and that disclosure leads to greater transparency in UKHSA. However, there is also very strong public interest in ensuring that information is made available to everyone at the same time, thereby ensuring equity of access. Releasing the outbreak investigation report now may also interfere with our established process for publishing information to ensure that only accurate and validated data is released. Therefore, UKHSA concludes that the public interest in withholding this information outweighs the public interest in its release at this time. UKHSA takes the view that the public interest in the disclosure of this information will be satisfied by the publication of the outbreak investigation report in the near future. 

If you have any queries regarding the information that has been supplied to you, please refer your query to the Information Rights Team in writing in the first instance. If you remain dissatisfied and would like to request an internal review, then please contact us by emailing InformationRights@UKHSA.gov.uk. 

Please note that you have the right to an independent review by the Information Commissioner’s Office (ICO) if a query cannot be resolved through the UKHSA internal review procedure. The ICO can be contacted by calling the ICO’s helpline on 0303 123 1113, visiting the ICO’s website at www.ico.org.uk or writing to the ICO at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. 

Yours sincerely, Information Rights Team