On Wednesday I wrote to Sandwell and West Birmingham Hospitals NHS trust asking under what law or by-law they could fine smokers £50 for lighting up on the grounds.
It followed this report in the Birmingham Mail (Hospital bosses: If you smoke on our site, even in your car, we will fine you £50).
My email read:
Dear Sirs,
It has been reported that Sandwell and West Birmingham hospitals NHS trust is to fine people caught smoking on hospitals grounds. This will include people caught smoking in their own cars if they are parked on the relevant property.
'Patrols,' we are told, 'will be out and about dishing out penalties on two hospital sites.'
I would be grateful if you could advise me on the relevant law (or by-law) that allows Sandwell and West Birmingham hospitals NHS trust to issue fines to people caught smoking on the grounds of the hospitals, or in their own cars.
I look forward to an early response.
Your faithfully,
This afternoon I got this reply:
Dear Mr. Clark,
In relation to your recent query please find the below information. This information has also been put on our website.
Kind regards,
The Communications Team
Sandwell and West Birmingham NHS Trust
Enforcing our smokefree ban
We want and expect people to stop smoking on our sites. All of our staff are encouraged to ask smokers to stop smoking on site. Additionally we have smoking wardens and security officers on regular patrols.
We are enforcing our smokefree ban by fining people who contravene our smokefree site status. This fine is maximum of £50 and £30 if paid within 15 days of notification.
On being seen smoking on our grounds, smoking wardens will request that the individual stops smoking and explain our smokefree policy.
Should the individual refuse and persist in smoking, the warden will take the name and address of the individual and will check their identity. The Trust will then issue then with a letter with:
• The date, time and location of being seen smoking
• An invoice
• Information about how to appeal
• A discount to £30 if they pay within 15 days
• Information on how to pay
• The Trust will then continue to follow up notifications of fines to the individual’s address should they not pay within 29 days of receiving the letter.
The Trust employs directly smoking wardens and security staff plus an external provider, accredited by the Community Safety Accreditation Scheme (CSAS).
I have replied to that email as follows:
Dear Comms Team,
Thank you for your response. As you are no doubt aware, it doesn't answer my question.
I asked whether you could advise me of the relevant law (or by-law) that allows Sandwell and West Birmingham hospitals NHS trust to issue fines to people caught smoking on the grounds of the hospitals, or in their own cars.
In other words, under what law or by-law does Sandwell and West Birmingham hospitals NHS trust have the power to enforce a smoking ban and fine those who ignore it?
I would be grateful for an answer to that simple question.
Yours faithfully,
If there was a law or by-law that allow them to fine people for smoking on hospital grounds surely they would cite it?
If not, how can they be so confident they have the legal right to do so?
It beggars belief that the trust hasn't taken legal advice. Perhaps they'd like to share it with us?
Btw, I have raised the matter with the Birmingham Post but they're not interested.
No wonder local papers are dying on their arse if they won't follow up the most basic stuff like this.