Asbestos at Westlands Residential Home
Dear Central Bedfordshire Council,
I make this request under the Freedom of Information Act 2000 and/or The Environmental Information Regulations 2004,
Please kindly provide all documentation dealing with asbestos at Westlands Residential Home Duncombe Drive, Leighton Buzzard LU7 1SD.
We look forward to receiving the following:-
(a) All asbestos registers for Westlands Residential Home from 1980 - 2000;
(b) All asbestos surveys, reports, air samples and/or fibre counts for Westlands Residential Home from 1980 - 2000;
(c) All records detailing asbestos removal works at Westlands Residential Home from 1980 - 2000;
(d) All asbestos prohibition notices for Westlands Residential Home from 1980 – 2000;
(e) All correspondence with the Health & Safety Executive regarding asbestos for the Westlands Residential Home from 1980-2000; and
(f) The number of asbestos civil claims against the council in relation to Westlands Residential Home to date.
We look forward to hearing from you within the statutory timeframe.
Please acknowledge receipt.
Yours faithfully,
Elizabeth
Information request
Our reference: 6206222
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Dear Elizabeth Hayhurst
Thank you for your request for information that was received on 22
February 2023 concerning:
Please kindly provide all documentation dealing with asbestos at Westlands
Residential Home Duncombe Drive, Leighton Buzzard LU7 1SD.
We look forward to receiving the following:-
Q1. All asbestos registers for Westlands Residential Home from 1980 -
2000;
Q2. All asbestos surveys, reports, air samples and/or fibre counts for
Westlands Residential Home from 1980 - 2000;
Q3. All records detailing asbestos removal works at Westlands Residential
Home from 1980 - 2000;
Q4. All asbestos prohibition notices for Westlands Residential Home from
1980 - 2000;
Q5. All correspondence with the Health & Safety Executive regarding
asbestos for the Westlands Residential Home from 1980-2000; and
Q6. The number of asbestos civil claims against the council in relation to
Westlands Residential Home to date.
We are dealing with your request and we aim to send a response by 22 March
2023.
In some cases, a fee may be payable. If we decide a fee is payable, we
will send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Act may restrict the release of some or all of the information you
have requested. We will carry out an assessment and if any exemptions or
exceptions apply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review and to
complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Please contact us if you have any questions or concerns regarding the
handling of your request. Tel: 0300 300 5765
Yours faithfully
Callum Newell
Information Governance Practitioner
Information Governance
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
Information request
Our reference: 6206222
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Dear Elizabeth Hayhurst
Thank you for your request for information received on 22 February 2023.
Please find attached our response to your request.
Yours faithfully
Callum Newell
Information Governance Practitioner
Information Governance
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
Information request
Our reference: 6206222
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Dear Elizabeth Hayhurst
Thank you for your request for a review received on 5 May 2023. I am sorry
that you are dissatisfied with our attempts to handle your request under
the Freedom of Information Act 2000:
We write further to our Freedom of Information requests dated 22 February
2023 (reference 6206222), and 28 March 2023 (reference 6320977). The
requests relate to Westlands Residential Home/Westlands Old People's Home
of Duncombe Drive, Leighton Buzzard LU7 1SD.
In your response of 27 February to our request of 22 February, you advised
that you did not hold any of the requested documents, which included
asbestos registers, surveys, reports and fibre counts, and details of
asbestos removal works for the period from 1980 to 2000. You also
confirmed that you did not hold any records from this time period as the
records would be with BUPA. You could not confirm whether BUPA handed over
any records following Central Bedfordshire Council's takeover of the
building.
We therefore submitted a further request of 28 March for the same
documents for the period during which Central Bedfordshire Council had
control of the property.
We have evidence that Central Bedfordshire Council managed Westlands Home
up until at least 1997/98 and again from 2013/14.
We are therefore writing to request an internal review of:
(a) your response to our request of 22 February, in which you seem to
suggest that you did not operate or manage the home during the period from
1980 to 2000; and
(b) your delay in responding to our request of 28 March 2023.
I can confirm that the Reviewing Officer is considering your concerns and
will aim to provide you with a response by 6 June 2023.
Yours faithfully
Callum Newell
Information Governance Practitioner
Information Governance
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
Information request
Our reference: 6206222
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Dear Elizabeth Hayhurst
You requested an internal review of the response to your Freedom of
Information request as follows:
We note that the reports received are from 2015 - 2016, which we
understand is when the Council took over responsibility of the home from
BUPA. There are no earlier reports and more specifically there are no
documents from the period from 1980 - 2000, which we requested in our
first FOI request dated 22 February 2023, reference 6206222
I have carried out the internal review and can provide you with the
following information:
Q1. All asbestos registers for Westlands Residential Home from 1980 -
2000;
A1. Between 1980 and 2000 Westlands Care Home was owned by Bedfordshire
County Council. Bedfordshire County Council ceased to exist in April
2009. Central Bedfordshire Council (CBC) was created on 1 April 2009 as
a unitary authority. The1997 Asbestos Register report (attached) is
provided in response to this request being the only document in CBC's
possession. Westlands was transferred by Bedfordshire County Council to
BUPA in 1998/99. BUPA were responsible for all Property related matters
between 1998 and 2015.
Q2. All asbestos surveys, reports, air samples and/or fibre counts for
Westlands Residential Home from 1980 - 2000;
A2. Following a search of records CBC holds no records apart from the
1997 Asbestos Register for the requested period. Between 1980 and 2000
Westlands Care Home was owned by Bedfordshire County Council.
Bedfordshire County Council ceased to exist in April 2009. Central
Bedfordshire Council (CBC) was created on 1 April 2009 as a unitary
authority. The property known as Westlands was transferred by
Bedfordshire County Council to BUPA in 1998 on a long lease. BUPA were
responsible for all Property related matters between 1998 and 2015.
Q3. All records detailing asbestos removal works at Westlands Residential
Home from 1980 - 2000;
A3. Information pre-1997 is not held by CBC. Westlands was transferred
by Bedfordshire County Council to BUPA in 1998/99. BUPA were responsible
for all Property related matters between 1998 and 2015. Documents for
1997/8 and 1999 can be viewed/downloaded using the following link:
[1]Internal Review response documents
This link is password protected and the password will be sent by separate
email.
Q4. All asbestos prohibition notices for Westlands Residential Home from
1980 - 2000;
A4. CBC holds no records for prohibition notices for Westlands.
Q5. All correspondence with the Health & Safety Executive regarding
asbestos for the Westlands Residential Home from 1980-2000; and
A5. CBC holds no records of any correspondence with the HSE regarding
asbestos for Westlands.
Q6. The number of asbestos civil claims against the council in relation to
Westlands Residential Home to date.
A6. 1
Decision
The final decision of this review is that it partially upholds your
complaint as some information in relation to risk assessments should have
been provided as part of the initial response.
If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[2]http://www.ico.gov.uk/complaints/freedom...
Helpline on 0303 123 1113
Yours faithfully
Joanne Mulliner
Senior IG Practitioner
Information Governance
03003005765
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
References
Visible links
1. https://centralbedfordshirecouncil.share...
2. http://www.ico.gov.uk/complaints/freedom...
Information request
Our reference: 6206222
══════════════════════════════════════════════════════════════════════════
Apologies, report register now attached.
Dear Elizabeth Hayhurst
You requested an internal review of the response to your Freedom of
Information request as follows:
We note that the reports received are from 2015 - 2016, which we
understand is when the Council took over responsibility of the home from
BUPA. There are no earlier reports and more specifically there are no
documents from the period from 1980 - 2000, which we requested in our
first FOI request dated 22 February 2023, reference 6206222
I have carried out the internal review and can provide you with the
following information:
Q1. All asbestos registers for Westlands Residential Home from 1980 -
2000;
A1. Between 1980 and 2000 Westlands Care Home was owned by Bedfordshire
County Council. Bedfordshire County Council ceased to exist in April
2009. Central Bedfordshire Council (CBC) was created on 1 April 2009 as
a unitary authority. The1997 Asbestos Register report (attached) is
provided in response to this request being the only document in CBC's
possession. Westlands was transferred by Bedfordshire County Council to
BUPA in 1998/99. BUPA were responsible for all Property related matters
between 1998 and 2015.
Q2. All asbestos surveys, reports, air samples and/or fibre counts for
Westlands Residential Home from 1980 - 2000;
A2. Following a search of records CBC holds no records apart from the
1997 Asbestos Register for the requested period. Between 1980 and 2000
Westlands Care Home was owned by Bedfordshire County Council.
Bedfordshire County Council ceased to exist in April 2009. Central
Bedfordshire Council (CBC) was created on 1 April 2009 as a unitary
authority. The property known as Westlands was transferred by
Bedfordshire County Council to BUPA in 1998 on a long lease. BUPA were
responsible for all Property related matters between 1998 and 2015.
Q3. All records detailing asbestos removal works at Westlands Residential
Home from 1980 - 2000;
A3. Information pre-1997 is not held by CBC. Westlands was transferred
by Bedfordshire County Council to BUPA in 1998/99. BUPA were responsible
for all Property related matters between 1998 and 2015. Documents for
1997/8 and 1999 can be viewed/downloaded using the following link:
[1]Internal Review response documents
This link is password protected and the password will be sent by separate
email.
Q4. All asbestos prohibition notices for Westlands Residential Home from
1980 - 2000;
A4. CBC holds no records for prohibition notices for Westlands.
Q5. All correspondence with the Health & Safety Executive regarding
asbestos for the Westlands Residential Home from 1980-2000; and
A5. CBC holds no records of any correspondence with the HSE regarding
asbestos for Westlands.
Q6. The number of asbestos civil claims against the council in relation to
Westlands Residential Home to date.
A6. 1
Decision
The final decision of this review is that it partially upholds your
complaint as some information in relation to risk assessments should have
been provided as part of the initial response.
If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[2]http://www.ico.gov.uk/complaints/freedom...
Helpline on 0303 123 1113
Yours faithfully
Joanne Mulliner
Senior IG Practitioner
Information Governance
03003005765
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
References
Visible links
1. https://centralbedfordshirecouncil.share...
2. http://www.ico.gov.uk/complaints/freedom...
Information request
Our reference: 6206222
══════════════════════════════════════════════════════════════════════════
Dear Elizabeth Hayhurst
Freedom of Information Act 2000
The password to view/download documents in relation to your internal
review request is:
W3stlands%
Yours faithfully
Joanne Mulliner
Senior IG Practitioner
Information Governance
03003005765
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
Dear Joanne Mulliner,
Many thanks for your response dated 2 June 2023.
I would be grateful if you would answer the below further questions raised by your response and the disclosed materials:
1. It is not clear from the Asbestos Register provided on2 June 2023 whether the survey was carried out on 4 March 1997, 15 July 1997 or 22 October 1998. We cannot understand why the information in relation to the surveys carried out on 15 July 1997 and 22 October 1998 are included in the survey dated March 1997.
2. Please provide the name of the company that was instructed to conduct the survey.
3. We note that between 1980 and 2000 Westlands Care Home was owned by Bedfordshire County Council which ceased to exist in April 2009 and the Central Bedfordshire Council was created on 1 April 2009. That information does not explain why the Council regardless of the name does not hold any information with regard to asbestos at the Westlands Nursing Home. What has happened to the documents that were held by the Council? Were they destroyed due to a retention policy? If so, please provide a copy of the retention policy.
4. You have confirmed that BUPA were responsible for the property including maintenance etc between 1998 and 2015. We assume that when BUPA returned the property to the Central Bedfordshire Council, they will have handed over all documents in relation to maintenance and asbestos. Please provide a complete copy of the documents the Council received from BUPA in 2014/2015.
5. The Asbestos Register refers to the need for asbestos to be removed within 12 months from the cavity ceiling outside rooms 39 and 40 (see page 1 of the Asbestos Register). Please provide a copy of all documents in relation to the removal of asbestos.
6. On page 6, there is reference to splashing on wall in Room 34 and it is recommended that the asbestos is removed within 6 months. Please provide a copy of all documents in relation to the removal of asbestos from the wall.
7. Also, on page 6, there is reference to an ironing board heat stand in Room 41. We note that the Register does not contain any information regarding the condition of the heat stand or the priority rating. We therefore look forward to receiving documents in relation to the ironing board heat stand, and when the asbestos was removed. If the asbestos has not been removed is the ironing board heat stand still used by staff at the Westlands Nursing Home?
8. On page 6, there is reference to a fire break drape in a ceiling void in Room 43. Again, the priority rating was 2 and it needed to be removed within 6 months. Please provide a copy of all associated asbestos documents in relation to the removal.
9. We refer you to page 12 of the Asbestos Register and under the heading Floor No.3, Floor Name 2nd Floor, there are 3 items which were identified as asbestos materials in the loft area. It was recommended that the fire break drape and the fire blanket on the left hand riser were removed. The Asbestos Register confirmed that the action date was 22 October 1998. Therefore, please provide a copy of all asbestos documents in relation to these entries.
10. The Asbestos Register also refers to a site plan. Please provide a copy of the site plan.
11. Thank you for confirming that one asbestos civil claim was made against the Council in relation to Westlands Residential Home. Was the claim successful?
I look forward to hearing from you.
Yours sincerely,
Elizabeth Hayhurst
Dear Elizabeth Hayhurst
Thank you for your email below. In relation to Q1 - Q9 we have provided you with all of the documents held by Central Bedfordshire Council and we are, therefore, unable to provide any further documentation in relation to asbestos removal.
In relation to Q11 and Q12, I have logged these as a new request and you will receive an acknowledgement with a new request reference number for this.
Kind Regards
Joanne Mulliner
Senior IG Practitioner
Information Governance
Central Bedfordshire Council Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire, SG17 5TQ
Direct Dial: 0300 300 4179 | Internal: 74179
Information request
Our reference: 6589593
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Dear Elizabeth Hayhurst
Thank you for your request for information that was received on 28 June
2023 concerning:
Q1. The Asbestos Register provided in response to a previous request also
refers to a site plan. Please provide a copy of the site plan.
Q2. Thank you for confirming that one asbestos civil claim was made
against the Council in relation to Westlands Residential Home. Was the
claim successful?
We are dealing with your request and we aim to send a response by 26 July
2023.
In some cases, a fee may be payable. If we decide a fee is payable, we
will send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Act may restrict the release of some or all of the information you
have requested. We will carry out an assessment and if any exemptions or
exceptions apply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review and to
complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Please contact us if you have any questions or concerns regarding the
handling of your request. Tel: 0300 300 5765
Yours faithfully
Joanne Mulliner
Senior IG Practitioner
Information Governance
03003005765
[Central Bedfordshire Council request email]
NOTE: Please do not edit the subject line when replying to this email.
Information request
Our reference: 6589593
══════════════════════════════════════════════════════════════════════════
Dear Elizabeth Hayhurst
Please see attached our response to your Freedom of Information request.
Yours sincerely
Colwyn Griffiths
Data Protection Officer
Information Governance
[Central Bedfordshire Council request email]
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