Halal meat and poultry served to patients and staff - amount and policy.

[Name Removed] made this Freedom of Information request to Aneurin Bevan University Health Board This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Aneurin Bevan University Health Board,

Request Title/summary within scope.



I am writing to make an open government request for all the 
information to which I am entitled under the Freedom of Information 
Act 2000.

Please send me original recorded information, which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.

If this request is too wide or unclear, and you require a 
clarification, I would be grateful if you could contact me as I 
understand that under the Act, you are required, as a duty,  to advise and assist requesters.(Section 16 / Regulation 9).

ICO guidance: 

Public authorities have a duty to provide advice and assistance to individuals making requests for information under FOIA.
Public authorities should provide advice and assistance to an applicant in the following circumstances:

1. to clarify unclear requests;

2. to help to provide the information requested in an
acceptable format;

3. to narrow responses which exceed the cost limit (section
12);

4. when they have refused to provide the information
because it is accessible by other means (section 21) or there is an intention to publish it in the future (section 22); and

5. when their request is transferred to another public authority because the information is held by it, and not by the public authority it was addressed to.


https://ico.org.uk/media/for-organisatio...


If my request is denied in whole or in part, I ask that you justify 
all deletions by reference to specific exemptions of the act. 

I will also expect you to release all non-exempt material. I reserve 
the right to appeal your decision to withhold any information or to 
charge excessive fees.

If any of this information is already in the public domain, please 
can you direct me to it, with page references and URLs if 
necessary.

Please confirm or deny whether the requested information is held ( section (Section 1(1)(a) and consider whether information should be provided under section 1(1)(b), or whether it is subject to an exemption in Part II of the Act. 

If the release of any of this information is prohibited on the 
grounds of breach of confidence, I ask that you supply me with 
copies of the confidentiality agreement and remind you that 
information should not be treated as confidential if such an 
agreement has not been signed.

I request that the response  be provided to me as electronic copies, via WDTK. 

The information should be immediately readable - and, as a freedom of Information request,  not put in a PDF or any closed form, which some readers may not be able to access.



I understand that you are required to respond to my request within 
the 20 working days after you receive this letter. I would be 
grateful if you could confirm in writing that you have received 
this request.

::::::::

Please consider  the ICO's Decision on the provision original documents on file, rather than newly written letters of response.
https://ico.org.uk/media/action-weve-tak...

50. However, if the requester expresses a preference to inspect the original documents (or copies of those documents) then we would expect the authority to provide them with a reasonable opportunity to view the originals (or copies), where practicable. 

https://ico.org.uk/media/for-organisatio...
Nb This request does not require a letter, drafted by the External Affairs department, or any other written input by reputational defence employees - and purporting to be the response to a FOIA request.

::


Please note: 
Section 77 FOIA 

77.—(1) Where—
(a) a request for information has been made to a public
authority, and
(b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority. 

===

The request

Halal meat and poultry served to patients and staff - amount and information policy.

The request had been made to ascertain how much halal meat and poultry is being served to patients and staff and that the necessary informative process of doing so is in place.

I request data showing how much halal meat and poultry is served to patients and staff - and where it is being served.

- You will already know that halal meat cannot be served to Christians, already having been dedicated to another God.

Therefore the data that I request Includes the policy of informing patients that the meat and poultry they are being served is halal, so that they may choose whether or not to eat it.

On either religious grounds, or on slaughter methods.

-

This request may be narrowed to the last year (date today) if the data exceeds the FOIA search hours response.

==

Yours faithfully,

[Name Removed]

Rona Button (Aneurin Bevan UHB - Corporate Services), Aneurin Bevan University Health Board

Dear Sir/Madam,

Thank you for your request for information under the Freedom of Information Act received on 17 August. We have allocated it the following reference number, FOI 18366, and will be in contact again shortly. We aim to respond to all Freedom of Information requests within 20 working days from the date of receipt.

In the meantime, if we can be of any further assistance please do not hesitate to contact me.

Yours faithfully,

Rona Button
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ffôn/Tel: Extension 55956 or (01633) 435956 (external)

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Bwrdd Iechyd Prifysgol Aneurin Bevan yw enw gweithredol Bwrdd Iechyd Lleol Prifysgol Aneurin Bevan
Aneurin Bevan University Health Board is the operational name of Aneurin Bevan University Local Health Board

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Rona Button (Aneurin Bevan UHB - Corporate Services), Aneurin Bevan University Health Board

2 Attachments

Dear Sir/Madam,

Thank you for your request for information under the Freedom of Information Act, received on 17 August.

Please find attached the Health Board's response to this request, together with the enclosure.

If you have any further queries please do not hesitate to contact me using the details provided below.

Yours sincerely,

Rona Button
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ff?n/Tel: Extension 55956 or (01633) 435956 (external)

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Bwrdd Iechyd Prifysgol Aneurin Bevan yw enw gweithredol Bwrdd Iechyd Lleol Prifysgol Aneurin Bevan
Aneurin Bevan University Health Board is the operational name of Aneurin Bevan University Local Health Board

Dear Aneurin Bevan University Health Board,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aneurin Bevan University Health Board's handling of my FOI request 'Halal meat and poultry served to patients and staff - amount and policy.'.

Thank you for your letter and a menu, but this is an FOiiA request, not an enquiry.
In case you are unaware of the Act- It is for data, already in file.

Please review - complying with the terms of the request, including Section 16 heip and assistance, as it appears my request has either been unclear, or there has been an unwillingness to respond to it.

==
The request

Halal meat and poultry served to patients and staff - amount and information policy.

*Your response states that AB has no policy on halal. Yet a menu is provided.

* AB must have some guidance given to kitchens on the storage of the halal menu.
As halal meals cannot be stored with non-halal meals, example pork.

Please provide this storage polIcy.

==

The request had been made to ascertain how much halal meat and poultry is being served to patients and staff and that the necessary informative process of doing so is in place.

I request data showing how much halal meat and poultry is served to patients and staff - and where it is being served.

* AB must know how much halal is bought and where it is served. Yet there is no response in this part of the request.

Your reply seems to indicate that AB keeps no records on the buying and serving of halal at all.
And where it is served.

Which would. of course, be needed for audit.

Please therefore provide the withheld data in response to the request.

==

- You will already know that halal meat cannot be served to Christians, already having been dedicated to another God.

Therefore the data that I request Includes the policy of informing patients that the meat and poultry they are being served is halal, so that they may choose whether or not to eat it.

On either religious grounds, or on slaughter methods.

* Since you have no policy on halal, your response seems to indicate that patients are not told that they are being served halal meat.

Unless they request a halal menu.

To provide more help and assistance to enable a response:

Since there is no policy, are any halal meals served to patients who have not been told that they are halal-
Thus there any indicators or information on general menus that any halal meals are included these menus?

If so, please reply showing that all halal meals are marked , giving patients information, so that they may decide for themselves whether or not they wish to eat halal.

-

As stated:

This request may be narrowed to the last year (date today) if the data exceeds the FOIA search hours response.

==

Yours faithfully,

[Name Removed]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

[Name Removed]

Rona Button (Aneurin Bevan UHB - Corporate Services), Aneurin Bevan University Health Board

Dear Sir/Madam,

Thank you for your email requesting a review of the information provided in respect of your Freedom of Information request (reference FOI 18366) regarding halal meat.

As per the information provided in our response, all reviews are carried out by Richard Bevan, Board Secretary, and your correspondence has therefore been passed to Mr Bevan who will respond further to you in line with the Health Board's Appeals procedure.

Yours faithfully,

Rona Button
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ffôn/Tel: Extension 55956 or (01633) 435956 (external)

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Bwrdd Iechyd Prifysgol Aneurin Bevan yw enw gweithredol Bwrdd Iechyd Lleol Prifysgol Aneurin Bevan
Aneurin Bevan University Health Board is the operational name of Aneurin Bevan University Local Health Board

show quoted sections

Rona Button (Aneurin Bevan UHB - Corporate Services), Aneurin Bevan University Health Board

Dear Sir/Madam,

Mr Bevan has confirmed that he is undertaking the review as requested. The Health Board's policy indicates that a review will be undertaken within 10 working days of receipt of request for a review. Therefore, Mr Bevan will respond to you by 1 October.

Yours faithfully,

Rona Button
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ffôn/Tel: Extension 55956 or (01633) 435956 (external)

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Bwrdd Iechyd Prifysgol Aneurin Bevan yw enw gweithredol Bwrdd Iechyd Lleol Prifysgol Aneurin Bevan
Aneurin Bevan University Health Board is the operational name of Aneurin Bevan University Local Health Board

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Richard Bevan (Aneurin Bevan UHB - Executive Board), Aneurin Bevan University Health Board

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Dear Sir or Madam
 
You recently asked for a review regarding the Health Board’s response to
your FOI request – reference FOI 18366.  Under the Health Board’s Freedom
of Information procedures, I am pleased to confirm that I have reviewed
your request, the original response made by the organisation and further
contact has been made with the Health Board Department, which had supplied
the original information.  Following my review, I have determined that the
Health Board can supply some additional clarificatory information with
regard to your request, particularly in response to the questions you
highlighted as the basis for a review.
 
Question in relation to providing a copy of the Health Board’s Storage
Policy.
 
As per the Health Board’s original response, I can confirm that there is
no formal Health Board policy regarding halal meals, including any
guidance on storage, serving and information supplied on general menus. 
As outlined in the Health Board’s original response, patients have access
to a specific halal menu on request and an example copy of this was
provided to you as part of the original response.  I can confirm, however,
that the matters you have raised regarding staff and patient guidance are
planned to be discussed at the next meeting of the All Wales Catering
Advisory Group to discuss the approach across NHS organisations in Wales.
 
As a result of my review, I have been able to ascertain that there is
additional information available with regard to some aspects of your
request.  I am sorry that this information was not provided as part of the
original response made to you, but is now provided below.
 
How much halal meat is bought and where is it served?
 
I am able to confirm that the Health Board purchases complete halal meals
from a nominated frozen food company.  These are delivered in sealed
containers and kept in an outer cardboard box, which are stored in the
deep freeze.  Raw meat is stored in a separate freezer.  The meals are
re-heated in the sealed containers and served to patients at ward level,
still in the original sealed container, thus reducing the risk of any
cross contamination. The patient opens the sealed meal themselves.
 
The Health Board is able to advise that since April 2018, 700 individual
halal meals have been purchased across the Health Board.  Halal meals are
predominantly served at the Royal Gwent Hospital in Newport.  Also since
May 2018, 1,780 packs of halal chicken have been purchased. 
 
In relation to all other aspects of your request, I confirm, following my
review, that the Health Board is not able to provide information in
addition to that provided in the original response. 
 
I hope the supplementary information provided above is helpful.  However,
if you remain dissatisfied, you of course have the right to take your
request directly to the Information Commissioner, details of which were
provided in the Health Board’s original response.
 
I hope the above response if helpful.
 
Yours sincerely
 
Richard
 
Richard Bevan
Ysgrifennydd y Bwrdd/Board Secretary
Aneurin Bevan University Health Board/Bwrdd Iechyd Aneurin Bevan
Pencadlys/Headquarters
Ysbyty Sant Cadog/St Cadoc's Hospital
Ffôn/Tel:  01633 435959
Please Note:  My e-mail address is [1][email address]
 
[2]http://twitter.com/aneurinbevanhb
 
[3]https://www.facebook.com/AneurinBevanHea...
 
 
 
 

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Dear Aneurin Bevan University Health Board,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aneurin Bevan University Health Board's handling of my FOI request 'Halal meat and poultry served to patients and staff - amount and policy.'.

Dear Richard Bevan (Aneurin Bevan UHB - Executive Board),

Thank you but this is yet another letter.

It now appears that you did not take the trouble to read my request before your responses.

These criteria were within the request on the production of FOIA data:

...50. However, if the requester expresses a preference to inspect the original documents (or copies of those documents) then we would expect the authority to provide them with a reasonable opportunity to view the originals (or copies), where practicable. 

https://ico.org.uk/media/for-organisatio...

Nb This request does not require a letter, drafted by the External Affairs department, or any other written input by reputational defence employees - and purporting to be the response to a FOIA request.

::

Once again, a letter, is NOT data that you held at the time of the FOIA request.

I am asking for you to provide a proper review of my request ...and respond to it.

Once again...
I do not require any more further newly written letters

I require the data that I have requested under the FOIAct.

==

Request:

The request had been made to ascertain how much halal meat and poultry is being served to patients and staff and that the necessary informative process of doing so is in place.

I request data showing how much halal meat and poultry is served to patients and staff - and where it is being served.

-

....If AB is serving halal meat to people from other religions other than Muslims - and without their knowledge - through lack of an information policy this is clearly unfair to them, since the equivalent would be serving say ..pork, to those of the Muslim religion, without telling them.

However, the requested data contained in AB’s halal meat bills will show sourcing of the meat that AB provides to its halal patients and is within scope of the request.

If there is no check on the sourcing of meat from non-halal abattoirs provided to AB patients, and no information policy on the type of slaughter of animals, then presumably AB has been negligent in its to its non- halal eating patients for not providing an information policy on the subject.

Please provide any information provided to patients to enable them to make their religious, or type of slaughter choice.

Request- a reminder of the required DATA.

Halal meat and poultry served to patients and staff - amount and information policy.

- As you state ...you have ‘no information policy’.

- This leaves data certainly on your bills file, and maybe others showing the financial amounts, weight amounts and deliveries. Or how would bills otherwise be paid?

- This data must be contained on AB files, as it has to be presented to auditors.

Please therefore provide the requested data.

==

You also seem to be stating that only one hospital provides halal meals to its patients.

- Are you sure that no halal meals have been served in any other AB hospitals during the requested time period?

If there have been, then the requested data (on delivery and financial and halal amount, as within a normal bill) is within scope of this request.

==

Request
- You will already know that halal meat cannot be served to Christians, already having been dedicated to another God.

Therefore the data that I request Includes the policy of informing patients that the meat and poultry they are being served is halal, so that they may choose whether or not to eat it.

On either religious grounds, or on slaughter methods.
-
This request may be narrowed to the last year (date today) if the data exceeds the FOIA search hours response.

==

To save forwarding this request straight away to the ICO - since it clearly hasn’t been read - I am asking you to review your reply - yet again.

I wish to establish either that :

1- After re-reading the scope and assistance (for clarity) provided within the request on origunal data on file , you respond correctly to the FOIA request..as stated on WDTK.

2. Or that you will only reply via yet more newly drafted letters, (which cannot have existed on file at the time of my request) and do not address the scope of the request.

I will then forward your response to the ICO, as a complaint if you choose Option 2 .

Yours sincerely,

[Name Removed]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

[Name Removed]

Rona Button (Aneurin Bevan UHB - Corporate Services), Aneurin Bevan University Health Board

Dear Sir/Madam,

Thank you for your further email received on 2 October.

Your comments will be reviewed and we will respond to you again on completion of this review.

Yours faithfully,

Rona Button
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ffôn/Tel: Extension 55956 or (01633) 435956 (external)

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Dear Rona Button (Aneurin Bevan UHB - Corporate Services),

To help and assist you ....in the absence of a halal policy, you will need to determine the source of the served meat.

You should find the EU slaughterhouse coding on your meat packing and bills, as the source of the meat.

- Presumably public organisations are informed of slaughter sources, as supermarket customers are.
In fact the regulations should be more stringent.

And this is what I want to know - via this request.

This will show how slaughterhouses which provide meat to AB kills its animals.

And how much, and where, halal is served to patients and staff.

I hope this helps.

Yours sincerely,

[Name Removed]

Richard Bevan (Aneurin Bevan UHB - Executive Board), Aneurin Bevan University Health Board

2 Attachments

Dear Sir or Madam,
 
You recently asked for a further review regarding the Health Board’s
response to your FOI request, reference FOI 18366.  Under the Health
Board’s Freedom of Information procedures, I am pleased to confirm that I
have reviewed your further request, the previous request for review, and
the original response provided by the organisation, and further contact
has been made with the Health Board Department which had supplied the
original information.  Following this review, I have determined that the
Health Board can supply some additional information with regard to your
request, particularly in response to the additional questions you
highlighted as the basis for a review.
 
I would firstly like to respond to your point that you “do not require any
more further newly written letters”.  As you will be aware, the Health
Board has an obligation to publish all requests and responses for
information in a Disclosure Log, and therefore these documents must be in
a user-friendly format.  It would not be appropriate for the Health Board
to provide its response only as an email in a question and answer format
and also as original sources of data without any context for other
readers, and the Health Board also has an obligation not to provide
details of requesters into the public domain. 
 
I will now therefore respond to your specific questions below.
 
You requested data showing how much halal meat and poultry is served to
patients and staff, and where it is being served.
 
The data the Health Board holds is within a procurement programme, which
cannot be provided.  However, I can advise that between October 2017 and
September 2018:
 
1,746 halal meals were served at the Royal Gwent Hospital, Newport
6 halal meals were served at Llanfrechfa Grange Hospital, Llanfrechfa
27 halal meals were served at County Hospital, Pontypool
342 halal meals were served at St Woolos Hospital, Newport
4 halal meals were served at Ysbyty Ystrad Fawr, Ystrad Mynach
 
In addition, the following halal meals were ordered from our suppliers,
and distributed by site, during the same twelve month period:
 
1,405 – Royal Gwent Hospital
24 – County Hospital
402 – St Woolos Hospital
20 – St Cadoc’s Hospital, Caerleon
 
The halal meals are delivered to the Royal Gwent and St Woolos Hospitals,
Newport, and smaller sites receive their allocation from the Royal Gwent
Hospital.  This reduces any wastage and also minimises the risk of out of
date meals being left in the freezers.  I can confirm that no meals have
been wasted as meals which are nearing their use by dates are transferred
to the Royal Gwent Hospital to be used before this date.
 
You requested data contained in the Health Board’s halal meat bills which
will show sourcing of the meat that the Health Board provides to its halal
patients.
 
The Health Board is unable to provide copies of invoices for meat
purchased as these would be exempt under Section 43 of the Freedom of
Information Act.  This information is regarded as commercial in confidence
and cannot be disclosed.  However, we are able to provide a sample of two
delivery notes which show the purchase of “CSelect Cooked Chicken Breast
Strips”.  Please find these below for your information.  I can confirm
that these relate to halal chicken, although there is no reference to
halal meat on the delivery notes or the invoices. 
 
Halal chicken is purchased as our current provider on the NHS Procurement
Framework uses halal meat and the Health Board can only purchase from
contracted suppliers.  There are two chicken breast products which the
Health Board may purchase (both of which are halal), one being the one
purchased, and the other which is on the bone and therefore not regarded
as suitable for patient use.  If you require any further information on
the All Wales Procurement Framework, you would need to direct your
questions to the NHS Wales Shared Services Partnership (NWSSP), details of
which are provided below: 
 
[1]http://www.nwssp.wales.nhs.uk/freedom-of...
 
The Health Board does not purchase or serve any other halal meat, other
than chicken, and I can confirm that the following units of chicken have
been purchased to be served at the following sites between October 2017
and September 2018:
 
2,364 units at the Royal Gwent Hospital
89 units at County Hospital
14 units at St Woolos Hospital
332 units at Ysbyty Ystrad Fawr
25 units at St Cadoc’s Hospital
282 units at Nevill Hall Hospital, Abergavenny
213 units at Ysbyty Aneurin Bevan, Ebbw Vale
 
No halal meat has been wasted as stocks are kept at a level to ensure
there is no wastage.
 
As I understand it, there is currently no legal requirement to advise
patients, staff or visitors that the chicken used in meals is or is not
halal.  The Health Board has previously provided you with a copy of the
Health Board’s menu for patients who would like to eat halal meals, and I
would like to reiterate that there is no specific policy on halal meat and
poultry, as explained in the Health Board’s original response.
 
In relation to all other aspects of your request, I confirm, following my
further review, that in my opinion the Health Board has now exhausted the
information it holds on this matter.  However, you of course still have
the right to contact the Information Commissioner, details of which were
provided in our original response. 
 
Yours faithfully
 
Richard
 
Richard Bevan
Ysgrifennydd y Bwrdd/Board Secretary
Aneurin Bevan University Health Board/Bwrdd Iechyd Aneurin Bevan
Pencadlys/Headquarters
Ysbyty Sant Cadog/St Cadoc's Hospital
Ffôn/Tel:  01633 435959
Please Note:  My e-mail address is [2][email address]
 
[3]http://twitter.com/aneurinbevanhb
 
[4]https://www.facebook.com/AneurinBevanHea...
 
 
 
 

References

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Dear Richard Bevan (Aneurin Bevan UHB - Executive Board),

Thank you for you letter.

I am grateful that you have now responded to my request, by addressing the request on hospitals and quantities.

However, you still seem to be stating that you do not check the source of the food that you serve to patients in your letter, - ( which, you recall, I specifically asked you not to provide).

I would remind you that this request asks you to provide ORIGINAL DATA on whether, or not, halal slaughtered meat has been provided to patients and that is knowingly - or unknowingly.

You will have no way of knowing whether or not the meat is halal, unless you have checked its source, which is what this request is about.

And this must be provided to you in the form of receipts, since it is illegal to sell meat, without providing the source code under EU regulations..

Government UK

Food labelling - what you must show
You must show the following information:
* the name of the food
* a ‘best before’ or ‘use by’ date (or instructions on where to find it)
* any necessary warnings
* net quantity information
* a list of ingredients (if there is more than 1)
* the name and address of the manufacturer, packer or seller
* the country of origin, if required
* the lot number or use-by date
* any special storage conditions
* instructions for use or cooking, if necessary

https://www.gov.uk/food-labelling-and-pa...

Approved establishment identification mark
https://www.food.gov.uk/sites/default/fi...

As the meat industry states:

‘Information about suppliers and customers means that if a significant food safety concern occurs, the food can be tracked backwards or forwards through the food chain. This information can be used to withdraw or recall food more quickly from the market and to target these actions to specific products’.

So the source slaughterhouse of the meat/ poultry has to be in the data that you hold on file. Otherwise AB has been illegally buying ‘meat/ poultry’ to patients from an completely unlabelled, unknown source.

Which can have severe consequences for patients.

=

However, since you have already admitted that there is ‘no policy’ (in one of your letters), on the choice of whether or not to eat halal meat for patients; as well as failing to check the source on the meat provided to them ( by implication today) , then the consequence of neglecting this duty that means that AB may well also have provided halal-slaughtered meat to Christians, Sikhs, Hindus and Jewish people etc.

==

Once again, you do not seem to have complied with the terms of the request, which states the original receipts - redacted if need be, under FOIA.

And have only provided two ‘samples’

On these grounds:

The Health Board is unable to provide copies of invoices for meat
purchased as these would be exempt under Section 43 of the Freedom of Information Act.  This information is regarded as commercial in confidence and cannot be disclosed. 

I would remind you that Section 43 states:

Commercial interests.
(1)
Information is exempt information if it constitutes a trade secret.
(2)
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
(3)
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).

1. There is no special ‘trade secret’ to the buying of food. It cannot benefit any other company to know which meat AB buys. Particularly as NHS tenders must be on public record.

2 Invoices cannot ‘prejudice the commercial interests’ of AB, or it’s suppliers, as they can be skilfully redacted, to leave the requested data.

The provision of meat goes out to tender, which should be on public record, unless as you seem to be stating, the meat given to AB patients lacks a legal source code.

And even if an intermediary is employed to handle the meat provision tender, then AB must have a copy on record, and the result and decision of the tender.

Since AB is legally responsible for the outcome of providing patients with unlabelled, or labelled food, from its sources.
Clearly AB must know the source because of the sensitive health and safety nature of feeding patients.

3. Doesn’t apply as the meat/ poultry invoices must exist.

As your response still does not provide the requested data, and you seem very unwilling to check your files for slaughter house sourcing, I will now forward this request to the Information Commissioner’s Office as a complaint.

Yours sincerely,

[Name Removed]

[Name Removed] (Account suspended) left an annotation ()

The case to the Information Commissioner’s Office :

To: casework@ico.org.uk

Report a concern about how an organisation handled your information

Please only reply by email to save postal visits and the environment.

In any response please courteously include my reference which is:

'Halal meat and poultry served to patients and staff - amount and policy'.

Thank you

......

1. Details of the organisation your concern is about
Organisation: Aneurin Bevan University Health Board. (ABUHB)
Contact name:   Rona Button 
Address:  
Rheolwr Gwasanaethau Corfforaethol - Rhyddid Gwybodaeth/Corporate Services Manager - Freedom of Information
Bwrdd Iechyd Prifysgol Aneurin Bevan/Aneurin Bevan University Health Board
Ystafell 041, Pencadlys, Ysbyty Sant Cadog, Ffordd y Lodj, Caerllion, Casnewydd, NP18 3XQ/Room 041, Headquarters, St Cadoc's Hospital, Lodge Road, Caerleon, Newport, NP18 3XQ
E-bost/E-mail: [email address]
Ffôn/Tel: Extension 55956 or (01633) 435956 (external) 

    
2. Your relationship with the organisation
     
Member of the public and ABUHB patient.
3. What is your concern?
That any organisation which serves food should readily tell those who use its services where its chicken and meat are sourced.
And this means tracing its history back to the slaughter of animals where all religious requirements are involved. Or those concerned with animal welfare. Especially organisations which serve vulnerable patients.
Only by checking the source of meat/poultry can an organisation know whether it is halal slaughtered (by slitting the animal's throat so that it dies slowly and in pain) .
And that is why the request asks for details any of halal slaughtered meat in its system, which is a different request from Halal labelled meals, which Aneurin Bevan University Health Board (ABUHB) seems to wish that I had made.
NB The distinction here is that many slaughter houses are now halal, to export to the Far East etc, but that this can only be determined by checking the Approved establishment identification mark, a legal requirement, which has to be present when meat is sold in the UK.

- Therefore ABUHB is either refusing to provide the data which would show this legal slaughter house ID requirement, or has been sourcing illegally provided meat/ poultry.

::::
Part of my argument to ABUHB...
However, you still seem to be stating that you do not check the source of the food that you serve to patients in your letter, - ( which, you recall, I specifically asked you not to provide).

I would remind you that this request asks you to provide ORIGINAL DATA on whether, or not, halal slaughtered meat has been provided to patients and that is knowingly - or unknowingly.

You will have no way of knowing whether or not the meat is halal, unless you have checked its source, which is what this request is about.

And this must be provided to you in the form of receipts, since it is illegal to sell meat, without providing the source code under EU regulations..

Government UK

Food labelling - what you must show
You must show the following information:
* the name of the food
* a ‘best before’ or ‘use by’ date (or instructions on where to find it)
* any necessary warnings
* net quantity information
* a list of ingredients (if there is more than 1)
* the name and address of the manufacturer, packer or seller
* the country of origin, if required
* the lot number or use-by date
* any special storage conditions
* instructions for use or cooking, if necessary

https://www.gov.uk/food-labelling-and-pa...

Approved establishment identification mark
https://www.food.gov.uk/sites/default/fi...

As the meat industry states:

‘Information about suppliers and customers means that if a significant food safety concern occurs, the food can be tracked backwards or forwards through the food chain. This information can be used to withdraw or recall food more quickly from the market and to target these actions to specific products’.

So the source slaughterhouse of the meat/ poultry has to be in the data that you hold on file. Otherwise AB has been illegally buying ‘meat/ poultry’ to patients from an completely unlabelled, unknown source.

Which can have severe consequences for patients.

=

However, since you have already admitted that there is ‘no policy’ (in one of your letters), on the choice of whether or not to eat halal meat for patients; as well as failing to check the source on the meat provided to them ( by implication today) , then the consequence of neglecting this duty that means that AB may well also have provided halal-slaughtered meat to Christians, Sikhs, Hindus and Jewish people etc.

==

Once again, you do not seem to have complied with the terms of the request, which states the original document receipts - redacted if need be, under FOIA.

And have only provided two ‘samples’

On these grounds:

The Health Board is unable to provide copies of invoices for meat
purchased as these would be exempt under Section 43 of the Freedom of Information Act. This information is regarded as commercial in confidence and cannot be disclosed.

I would remind you that Section 43 states:

Commercial interests.
(1)
Information is exempt information if it constitutes a trade secret.
(2)
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
(3)
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).

1. There is no special ‘trade secret’ to the buying of food. It cannot benefit any other company to know which meat AB buys.

Particularly as NHS tenders must be on public record.

2 Invoices cannot ‘prejudice the commercial interests’ of AB, or it’s suppliers, as they can be skilfully redacted, to leave the requested data.

- Costs can be removed, since they are not within the terms of the request.

The provision of meat goes out to tender, which should be on public record, unless as you seem to be stating, the meat given to AB patients lacks a legal ID source code.

And even if an intermediary is employed to handle the meat provision tender, then AB must have a copy on record, and the result and decision of the tender.

Since AB is legally responsible for the outcome of providing patients with unlabelled, or labelled food, from its sources.

Clearly AB must know the source because of the sensitive health and safety nature of feeding patients, plus religious requirements.

3. Doesn’t apply as the meat/ poultry invoices must exist.

As your response still does not provide the requested data, and you seem very unwilling to check your files for slaughter house sourcing, I will now forward this request to the Information Commissioner’s Office as a complaint.

:::

ABUHB continued to write letters, rather than supply the data requested, which would show whether meat/ poultry served is halal, or not.

ABUHB must have this detail on record, as it is a legal requirement to do so. Yet unreasonably refuses to divulge it.

It is therefore in the public interest to know this information as those in hospital should be allowed to determine what they want to eat, due to both religious and animal welfare reasons.

Something else. Please give details.
     
Please send us copies of relevant documents that support your concern.

https://www.whatdotheyknow.com/request/h...

My arguments as to why ABUHB should provide the data are also contained in the above request on WDTK.

4. What have you done to raise your concern with the organisation?

https://www.whatdotheyknow.com/request/h...
     
Please send copies of any documents you have showing how you raised your concern with the organisation.

https://www.whatdotheyknow.com/request/h...
5. What did the organisation say?
That it has no policy of telling patients how the meat/poultry it serves them has been slaughtered, allowing them to make their own decisions on whether to eat it, or not.
And it doesn't seem that it has ever considered the sourcing of its meat to be relevant of all its patients - except in the case of ready-made meals for Muslims. Yet the source information should readily be available on record, especially in case of food poisoning outbreaks. Doubly important for hospital patients.
My argument is also that no religion should be a chosen exception where the serving of food is concerned, as each religion has its own requirements.

PUBLIC interest
And as the public are 'captive' in hospital, they must have a stronger right to know what they are eating. So the public interest requirement should have been evaluated in ABHBU's response.

No SECTION 16 help and assistance.
ABHUB should have provided S16 help and assistance as to the definition of Halal PROVIDED MEAT/POULTRY , rather than write letters with containing its own point of view and so failing to understand my request - with the requirement of halal sourced meat/poultry , not halal ready made meals., which is how the request would have been framed if that was the only requirement.

ORIGINAL Documents
ABHUB didn't seem to read the request, which stated the request was for original documents


Please confirm or deny whether the requested information is held ( section (Section 1(1)(a) and consider whether information should be provided under section 1(1)(b), or whether it is subject to an exemption in Part II of the Act.



::::::::

Please consider the ICO's Decision on the provision original documents on file, rather than newly written letters of response.
https://ico.org.uk/media/action-weve-tak...

50. However, if the requester expresses a preference to inspect the original documents (or copies of those documents) then we would expect the authority to provide them with a reasonable opportunity to view the originals (or copies), where practicable. 

https://ico.org.uk/media/for-organisatio...
Nb This request does not require a letter, drafted by the External Affairs department, or any other written input by reputational defence employees - and purporting to be the response to a FOIA request.

https://www.whatdotheyknow.com/request/h...
     
Please send copies of any documents you have showing the organisation’s response to your concern.
https://www.whatdotheyknow.com/request/h...

6. Reference number
FOI 18366
Please tell us any reference number that the organisation has given you, eg account number, policy number etc.

Richard Bevan (Aneurin Bevan UHB - Executive Board), Aneurin Bevan University Health Board

Dear Sir/Madam

Further to your email below, I acknowledge receipt on behalf of Richard Bevan.

Richard is away from the office until Monday 29th October and will respond to your email upon his return.

Regards

Lucy Bennett for and on behalf of Richard Bevan
Richard Bevan
Ysgrifennydd y Bwrdd/Board Secretary
Bwrdd Iechyd Aneurin Bevan/Aneurin Bevan Health Board
Ffôn/Tel: 01633 435959
Please Note: My e-mail address is [email address]

http://twitter.com/aneurinbevanhb

https://www.facebook.com/AneurinBevanHea...

show quoted sections

Richard Bevan (Aneurin Bevan UHB - Executive Board), Aneurin Bevan University Health Board

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Dear Sir or Madam,
 
Thank you for your email received on 24 October, following receipt of my
response to your request for a further review.
 
I have as requested, further reviewed the information held with regard to
your request.  However, the information you are requesting is not held by
the Health Board, as it forms part of the contract arrangements within the
All Wales Procurement Framework, information on which is held by NHS Wales
Shared Services Partnership (NWSSP).  NHS Wales Shared Services
Partnership procures and sources goods and services for the NHS in Wales
via its procurement and supply arrangements.  As previously advised, you
will need to contact the NHS Wales Shared Services Partnership for this
information.  I should be grateful if you would find below a link to the
NHS Wales Shared Services Partnership web pages, where you can request the
information.
 
[1]http://www.nwssp.wales.nhs.uk/freedom-of...
 
However, you of course still have the right to contact the Information
Commissioner, details of which were provided in our original response.
 
Yours faithfully
 
Richard
 
Richard Bevan
Ysgrifennydd y Bwrdd/Board Secretary
Aneurin Bevan University Health Board/Bwrdd Iechyd Aneurin Bevan
Pencadlys/Headquarters
Ysbyty Sant Cadog/St Cadoc's Hospital
Ffôn/Tel:  01633 435959
Please Note:  My e-mail address is [2][email address]
 
[3]http://twitter.com/aneurinbevanhb
 
[4]https://www.facebook.com/AneurinBevanHea...
 
 
 
 

References

Visible links
1. http://www.nwssp.wales.nhs.uk/freedom-of...
2. mailto:[email address]
3. http://twitter.com/aneurinbevanhb
4. https://www.facebook.com/AneurinBevanHea...

Dear Richard Bevan (Aneurin Bevan UHB - Executive Board),

Thank you.

I have already made a request to the NHS Wales Shared Services Partnership.

You may like to consult the wdtk site for the response.

- Apparently they don’t have a clue as to where Wales NHS meat and poultry is sourced either.

Yours sincerely,

[Name Removed]

[Name Removed] (Account suspended) left an annotation ()

Case Reference Number FS50796699

Under investigation by the Information Commissioner’s Office :

Your ref: https://www.whatdotheyknow.com/request/h...

Your information request to Aneurin Bevan University Health Board

Thank you for your correspondence of 24/10/18 in which you make a complaint about the above public authority’s handling of your request for information.

Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.

Richard Bevan (Aneurin Bevan UHB - Executive Board), Aneurin Bevan University Health Board

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Dear [Name Removed],
 
I write further your complaint made to the ICO following the Health
Board’s responses to your requests for information.
 
The ICO in liaison with the Health Board as part of their investigation
has asked the Health Board to clarify the following in advance of a
decision notice being issued by them:
 
1       Halal chicken is purchased, as our current provider on the NHS
Procurement Framework uses halal meat and the Health Board can only
purchase from contracted suppliers.  There are two chicken breast products
which the Health Board may purchase (both of which are halal), one being
the type purchased, and the other which is on the bone and therefore not
regarded as suitable for patient use.
 
I can therefore confirm that it is highly likely that meals provided to
the Health Board’s patients and staff, which are made on site and contain
chicken breast meat, are made with halal chicken as this is the only type
of chicken available for purchase on the NHS Procurement Framework.  I can
also confirm that under the current legislation, there is no requirement
for the Health Board to state that the meals are made with halal chicken.
 
2       You requested copies of delivery notes pertaining to halal meat. 
The Health Board provided you with copies of two delivery notes confirming
that cooked chicken breast strips had been delivered to the Health Board. 
Although not labelled as such, the Health Board is aware that the chicken
delivered is halal poultry.
 
The Head of Facilities has advised that all hospital sites with a catering
unit have the delivery notes filed by supplier, in this case Castell
Howell, and the Head of Facilities has suggested that if you would like to
view any further delivery notes, this can be arranged by contacting Rona
Button using the contact details previously provided.  However, it is
suggested that there might be limited value to this exercise, as the
description on the notes is that cooked chicken breast strips were
delivered, but there is no reference to halal meat. 
 
I hope the above information is helpful to you.  If you have any queries,
I should be grateful if you would contact the ICO, as this information is
being provided as part their investigation process.
 
Thank you.
 
Richard
 
Richard Bevan
Ysgrifennydd y Bwrdd/Board Secretary
Aneurin Bevan University Health Board/Bwrdd Iechyd Aneurin Bevan
Pencadlys/Headquarters
Ysbyty Sant Cadog/St Cadoc's Hospital
Ffôn/Tel:  01633 435959
Please Note:  My e-mail address is [1][email address]
 
[2]http://twitter.com/aneurinbevanhb
 
[3]https://www.facebook.com/AneurinBevanHea...
 
 
 
 

References

Visible links
1. mailto:[email address]
2. http://twitter.com/aneurinbevanhb
3. https://www.facebook.com/AneurinBevanHea...

Thank you.

But I really don't know why it has taken so long for you to reply to this request, since AB must have been able to track the information to comply with food standards. Instantly.

To assure itself that it was complying with health standards. Especially after a food poisoning outbreak.

Which I pointed out early in the correspondence.

==

Plus I have had to involve the Information Commissioner’s Office, which has cost public money and ICO time - which, presumably, AB was quite happy to fritter away just to avoid providing the data.

I therefore await the public decision with interest.

==

Please note : The request is not limited to chicken.

It is on halal MEAT and poultry.

There is no mention of meat in your reply.

Please provide all the data requested. Or state why it is impossible for you to supply it.

==

As for the data you state you wish to provide ‘privately’.

The FoiAct is for organisations to provide information to ALL the public.

And that is why I have asked for the information on a public site - so that any religious patient at AB may know that they might be served with meat dedicated to another God. And animal lovers may choose to eat something else off the menu.

Yours sincerely,

[Name Removed]

[Name Removed] (Account suspended) left an annotation ()

Well someone is not telling the truth..

Health Boards and Trusts would be responsible for the individual
requisitions for goods and services under these agreements. Therefore,
Health Boards or Trusts would be responsible for the purchasing of goods
via these agreements.

NWSSP does have access to an All Orders Raised report which references the
Health Board or Trust and Cost Centre in question against the relevant
Contract(s).