The Health and Care Bill currently going through Parliament includes changes to the water fluoridation legislation in England – the Government is seeking views on the future water fluoridation consultation process.

If it becomes law, the Bill will allow the Secretary of State, instead of local authorities, to establish new water fluoridation schemes, or to vary or terminate existing water fluoridation schemes in England.

There will be a legal duty on the Secretary of State to undertake a formal public consultation before introducing any new water fluoridation schemes or before varying or terminating an existing scheme.

The Department of Health and Social Care has now launched a new consultation on the secondary legislation which will need to set out the process for consulting .

The Water Industry Act which provides the legal basis for water fluoridation schemes in England sets a target of 1 milligram of fluoride per litre of water for a water fluoridation scheme.

The latest water fluoridation: health monitoring report published on 21 March 2022 continues to show that water fluoridation is a safe and effective public health intervention to help reduce tooth decay.

Areas with water fluoridation schemes

The first schemes to add fluoride to public water supplies were introduced in the USA and Canada in 1945. Pilot schemes in the UK were introduced in the 1950s, followed by permanent schemes, starting with Birmingham in 1964.

Some 6 million people already live in areas with water fluoridation schemes, including many in parts of the North East, as well as the West and East Midlands. There are also water supplies in England, serving around a quarter of a million people, where fluoride is naturally at similar levels to those seen in water fluoridation schemes.

Under the current legislation local authorities have had responsibility for consulting on water fluoridation proposals. These have always been held at local level with individuals who would be directly affected by any water fluoridation proposals and bodies with an interest.

Subject to the successful passage of the Health and Care Bill, if new water fluoridation proposals were developed, the Government is proposing to maintain local consultation.

The consultation would only seek the views of individuals affected and bodies with an interest - the views of individuals not directly affected and bodies without an interest would not be considered.

Similarly, where proposals relate to varying or terminating existing schemes, views would be sought only from those people affected and bodies with an interest.

Deadline to submit responses to the consultation is 3 June 2022 – click here to access the consultation online