There is no information on the shigella outbreak at present and I would like to know whether the authorities have successfully proven the source of the infection, at Marmaris Cross Street Abergavenny, and what action has been taken.
Thank you for your request dated 6th October 2023.
The information you have requested is intended for future publication by Public Health Wales. In line with the Communicable Disease Outbreak Plan for Wales the Outbreak Control Team are required to publish their findings in a report within 12 months from the closure of the outbreak. Until this report has been published it is inappropriate to release specific information on the outbreak for the following reasons:
The information you have requested in relation to this outbreak is still being collected as part of an ongoing investigation.
The investigation requires a multi-agency approach which has not yet concluded.
There is always a possibility that one or more of these agencies may feel it appropriate to instigate enforcement action of some description.
There is the potential for information which is released early to compromise aspects of the investigation which are still under consideration.
The investigation follows a documented procedure which is set out in the All-Wales Communicable Disease Outbreak Control Plan and the Public Health Wales Standard Operating Procedure, both of which require a report into the investigation to be published following conclusion of the investigation.
Although a date for publication has not yet been set, Public Health Wales has clear intent to publish this information in the future.
Therefore, it is reasonable in all the circumstances to withhold the information requested, pending the publication of the formal report in due course.
Having made that determination, as Section 22 is a ‘qualified exemption’, we must carry out the public interest test, to determine if the public interest is best served by releasing the information now or withholding it pending the publication of the report.
Arguments in favour of release in advance of publication.
There is a public interest in promoting transparency, accountability, public understanding, and involvement in the democratic process and FOIA is a means of helping to meet that public interest. Public Health Wales is a public body and NHS Trust and so seeks to maintain the trust and confidence of the public it serves. Releasing this information now would demonstrate that the organisation is committed to maintaining a culture of transparency and openness particularly as there is not yet an intended date for publication.
Arguments against release in advance of publication.
Notwithstanding the above, we are not aware of any wider public interest in this specific case to which the information requested refers. Early release of this information could potentially compromise the investigation which is ongoing and could also impact upon the decisions and actions that agencies involved may wish to take. Early release of this information could therefore compromise not only this investigation but the nationally agreed procedure for such investigations and so any future such investigations.
Our decision
Whilst we accept that the information is of importance to the requestor, we do not feel that on balance the wider public interest is best served by early release of the information requested. There is a wider public interest in there being a robust, effective, and thorough investigative process in the case of infectious disease outbreaks and early release of this information ahead of the intended publication could compromise the effectiveness of those arrangements. Accordingly on this occasion we are engaging the exemption provided under Section 22 of the Freedom of Information Act (Information intended for future publication) and so this response acts as a refusal notice for the information requested.
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of the decision, you should write to the Corporate Complaints Manager, Public Health Wales NHS Trust, 3, Number 2, Capital Quarter, Tyndall Street, Cardiff, CF10 4BZ.
If you are not content with the outcome of your complaint or review, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Trust. The Information Commissioner can be contacted at:
Information Commissioner for Wales
2nd Floor
Churchill House
Churchill Way
Cardiff
CF10 2HH
Telephone: 029 2067 8400
Email: wales@ico.org.uk