UK Health Security Agency ordered to disclose information on major E. coli O157 outbreak

It is expected that this will include further information in relation to the identity of the grower suspected as the source of the outbreak, which is believed to have been caused by a lettuce crop being contaminated with floodwater.

An as yet unnamed grower (Grower X) was identified as a source for the outbreak in a September 2024 report from the UKHSA, which also raised concerns over whether food safety standards were followed. 

The order from the ICO to disclose more information comes after repeated Freedom of Information (FOI) requests were submitted to the UKHSA by food safety campaigner Steve Nash following the outbreak, who raised a complaint with the ICO following the UKHSA’s failure to respond to his requests.  

The outbreak occurred in August to October 2022, with initial reports at the time indicating that roughly 200 people had been affected, making it one of the worst E. coli outbreaks since the 1980s.  

In December 2022, Mr Nash made an FOI request to the UKHSA which was refused under an exemption which allows authorities to withhold information they intend to publish at a later date.  

In January and February 2023, Mr Nash made further requests which were both denied. Mr Nash then complained to the ICO in February 2023.  

In June 2023, the ICO confirmed that it was upholding the UKHSA’s refusal, but on the understanding the UKHSA would publish the information requested within the next two months. 

However, the information was not published by the UKHSA despite repeated chasing by Mr Nash, who eventually submitted a new FOI request in July 2024. This included a request for further information about the number of people affected and whether there had been any deaths.  

Mr Nash’s second FOI request was also rejected by the UKHSA, under the same exemption that they intended to publish the information at a later date.  

Despite rejecting Mr Nash’s FOI requests, the UKHSA published some information about the outbreak in a co-written report in September 2024, which counted 259 E. coli cases stemming from the outbreak and 77 hospital admissions.  

It also identified the likely source of the outbreak as being lettuce leaves produced by an unnamed grower (Grower X), and that it occurred as a result of the crop being flooded with contaminated water shortly before harvest.  

The report also suggests that there was a failure to follow Food Standard Agency (FSA) guidance which advises that fruit and vegetables that are eaten raw should not be harvested for at least six months after flooding.  

Following the rejection of his second FOI request, Mr Nash lodged a further complaint with the ICO in December 2024.  

In March 2025, the ICO upheld Mr Nash’s complaint, saying that the UKHSA was no longer able to rely on the exemption to withhold information and was required to provide Mr Nash with the information within 30 days.  

Mr Nash is now expecting to receive the information requested, which includes further information in relation to the identity of Grower X as well as why the lettuce was still harvested and sold after the flooding.  

A further major outbreak of E. coli (O145 strain) was reported in May to June 2024, which resulted in 275 confirmed cases and 122 hospitalisations. It is thought that this outbreak also originated from a contaminated lettuce crop. 

Steven Nash said: 

“After much delay, I am now looking forward to the release of information relating to the E. coli outbreak in late 2022. This includes the extent and seriousness of the health problems suffered by those affected. This also includes further information in relation to the identity of the grower thought to be the source of the outbreak, and why the lettuce was still harvested and sold after the apparent recent flooding of the crop.” 

Leigh Day partner Sean Humber, who has been instructed by Mr Nash, said: 

“It is essential that the UKHSA discloses this further information in order to allow a proper consideration of whether current food safety law adequately protects the consumer from these kinds of outbreak, particularly in the context of these risks being only likely to increase as a result of climate change.  It is important to remember that there was a further outbreak of another strain of E. coli in May to June 2024, linked to contaminated lettuce in sandwiches, which affected over 275 people, at least 122 of whom were hospitalised with at least one death thought likely to be linked to the infection.”