FOI Tracker
Freedom of Information Requests
This page tracks all Freedom of Information requests submitted as part of The Heart Campaign Torbay's investigation into cardiac services in Devon.
Click any request to view details and download documents where available.
Last updated: 12th June 2026
Overdue
This request seeks the Royal College of Physicians' recommendations and reviews of cardiology services at RDE, particularly any reviews conducted after the 2020 report that identified 29 concerns.
This request asks whether relevant decision-makers were aware of the Royal College of Physicians review findings and the six critical issues identified.
Status: Submitted 28 November 2025. No acknowledgement or response received from either TSD or RDE. The statutory 20 working day deadline expired around 7 January 2026. See R4932-1 for the detailed follow-up request submitted 13 January 2026, which is also unanswered.
Full request text covers five areas:
- Awareness of the RCP investigation - earliest date each of the following became aware: Royal Devon University Healthcare NHS Foundation Trust; Torbay and South Devon NHS Foundation Trust; the Chief Executive of Torbay and South Devon NHS Foundation Trust; Professor Briggs. If awareness was gained through correspondence or meetings, copies of relevant documents requested.
- Inter-trust information sharing - whether information relating to the RCP investigation was shared between Royal Devon and Torbay and South Devon prior to the development of the Case for Change, including dates, form of communication, and copies of any records where the RCP investigation was referenced.
- Case for Change formulation - the date the Case for Change was first drafted; the date the 8-week "test and learn" proposal was first discussed; copies of early draft papers, options appraisals, or briefing documents; and whether decision-makers were aware of the RCP investigation at the time of drafting.
- Governance, risk, and assurance - whether the RCP investigation was recorded as a risk or dependency within Case for Change programme documentation, risk registers, assurance frameworks, or board papers. If not recorded, the documented rationale for its exclusion.
- Completeness of information - if any information is stated to be "not held", confirmation of whether it was ever held and subsequently deleted, and the applicable retention schedule.
Status: Response due 10 February 2026. Now significantly overdue - no response received from either TSD or RDE. The ICB's decision on 26 March 2026 not to progress the case for change programme does not resolve this request, which is directed at TSD and RDE and asks specifically about what decision-makers knew about the RCP investigation and when.
Distribution:
- To: d-icb.involve@nhs.net (ICB INVOLVE team), Steven Clark (NHS Devon ICB), Steve Darling MP
- CC: Caroline Voaden MP, Martin Wrigley MP
- Formal request: Challenge to be recorded in governance framework with written response within 7 working days
Timeline:
- 20 January 2026: Initial challenge to ICB about cath lab funding (see FOINHSD25/1415)
- 9 February 2026: Chase-up email to Steven Clark requesting outstanding answers
- 27 February 2026: Major escalation - Governance Failures Challenge sent to ICB INVOLVE team and MPs
- ~10 March 2026: Deadline passed - no response received from NHS Devon ICB
To: Steven Clark (NHS Devon ICB)
Date: 9 February 2026
Good afternoon Steven
I'm writing to follow up on the questions I initially raised on 13 January 2026, as I'm still awaiting your response. Specifically, the concerns centred around the following issues regarding Royal Devon University Healthcare NHS Foundation Trust (RDUH).
Given RDUH's publicly declared forecast deficit of £40m+, I would like to understand:
- How has the ICB assured itself that RDUH has the financial capacity to absorb additional cardiac workload from Torbay without further compromising its financial position or the quality and safety of care?
- What financial modelling or assessment has been carried out to evaluate the impact of any proposed service transfer on RDUH's budget and operational resilience?
- Has the ICB considered the risk that additional activity could push RDUH further into deficit, and if so, what mitigation is in place?
- How does the ICB reconcile the proposed transfer with its statutory duty to ensure financial sustainability across the system?
I would be grateful for a substantive response at your earliest convenience. Given the significance of the ongoing Case for Change discussions, clarity on these financial governance questions is essential before any proposals are advanced further.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
To: d-icb.involve@nhs.net, Steven Clark (NHS Devon ICB), Steve Darling MP
CC: Caroline Voaden MP, Martin Wrigley MP
Date: 27 February 2026
Dear Mr Govett,
Following my email of 9th February, I am writing as Chair of the Torquay Chamber of Commerce and Chair of the HEART Campaign to seek further clarity regarding the assumptions within the proposed draft Case for Change, particularly those relating to Royal Devon University Healthcare NHS Foundation Trust (RDUH) absorbing additional demand should services at Torbay Hospital be reduced.
Given RDUH's publicly declared forecast deficit of over £40 million, it is important for stakeholders to understand how the associated risks have been assessed and mitigated. To support constructive dialogue, I would be grateful for the ICB's assurance on the following points:
- Financial capacity - How has the ICB satisfied itself that RDUH can take on additional unfunded activity without compromising its financial stability?
- Operational capacity - What evidence demonstrates that RDUH has the beds, emergency resilience, and discharge performance to manage increased demand?
- Workforce - What modelling confirms that RDUH can safely staff any additional activity given current workforce pressures?
- Patient safety - How have the risks associated with longer travel times and ambulance delays been assessed for Torbay residents?
- System resilience - How does transferring risk from Torbay Hospital to a trust already under pressure strengthen the overall system?
- Governance - Has NHS England reviewed the Case for Change in light of RDUH's financial position, and is this risk captured in the programme risk register?
- Transparency - Why has RDUH's financial position not been clearly communicated in public engagement materials?
Given the significance of these issues, I request that this challenge is formally recorded within the governance framework and that written responses are provided within 7 working days of this email.
Thank you
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Status: Response deadline of ~10 March 2026 has passed with no formal response received from NHS Devon ICB. The ICB has not confirmed that this challenge has been recorded in the governance framework as requested. Note: the ICB's decision on 26 March 2026 not to progress the case for change programme does not constitute a response to the seven specific governance and financial questions raised here, which remain unanswered.
Awaiting Response
Questions RDE refused to answer:
- Why do 8 interventional cardiologists still require locum cover for sickness?
- What are the costs of running weekend sessions?
- Why are Torbay's waiting lists increasing due to RDE patient transfers - and why isn't this acknowledged?
- Why can't RDE publish waiting time data that Torbay provides transparently?
Response: RDE suggested writing to the ICB instead of responding directly.
Download Original Request (PDF)Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (ref: TSD10523, response received 27 May 2026 from Sarah Goss, Data Protection Lead)
The campaign's clarification questions (4 June 2026):
- What searches were undertaken to determine that the Trust does not hold the requested information?
- Whether the Trust holds any records, board papers, committee papers, business cases, service reviews, transformation plans, or meeting minutes relating to services that have ceased, been relocated, or significantly reduced at Torbay Hospital since 2016.
- Whether consideration was given to providing a partial response covering services operated directly by the Trust.
- Whether any part of the request could be answered from information held by the Trust, even if a complete list cannot be provided.
The campaign has also invoked Section 16 (advice and assistance), asking the Trust to explain what relevant information is held and how the request might be refined to obtain it.
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10523
Signed by: Sarah Goss, Data Protection Lead
Dear Susie Colley,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.
[The Trust reproduces the five-part request, then responds:]
We do not hold this information. As services are commissioned by NHS Devon ICB, NHS England or other commissioners (i.e. local authorities), we are unable to provide a complete list of all services that have ceased to operate at Torbay Hospital. It may be that services have been commissioned to another organisation.
An example of this is the Devon Sexual Health Service, which is provided within the borough of Torbay, but is commissioned by NHS England to another NHS Trust.
We believe that the best point of contact to provide a comprehensive response to your enquiry is NHS Devon ICB. Please see their contact details below:
NHS Devon ICB
2a Aperture House
Pynes Hill, Exeter, EX2 5AZ
Email: D-CCG.FOI@nhs.net
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team, Torbay and South Devon NHS FT
CC: Phil Keeling, Torre, Sally, Nicole, David, Andrew, John, Georgian
Reference: TSD10523
Dear Sarah Goss,
Thank you for your response to FOI request TSD10523.
I am seeking clarification regarding the statement that Torbay and South Devon NHS Foundation Trust "does not hold this information."
My request related specifically to services that have ceased to operate at Torbay Hospital, whether fully removed or significantly reduced in scope, since 2016.
While I understand that some services may be commissioned by NHS Devon ICB, NHS England, or other bodies, I am struggling to understand how the Trust would not hold any information relating to services that were previously delivered from Torbay Hospital, particularly where:
- The Trust was the provider of the service;
- Trust resources, staffing, wards, clinics, or facilities were affected by the change;
- The change was discussed at Trust Board meetings, committees, or executive meetings;
- Patients were redirected to alternative providers or locations.
Could you therefore please clarify:
- What searches were undertaken to determine that the Trust does not hold the requested information?
- Whether the Trust holds any records, board papers, committee papers, business cases, service reviews, transformation plans, or meeting minutes relating to services that have ceased, been relocated, or significantly reduced at Torbay Hospital since 2016.
- Whether consideration was given to providing a partial response covering services operated directly by the Trust.
- Whether any part of the request could be answered from information held by the Trust, even if a complete list cannot be provided.
Under Section 16 of the Freedom of Information Act, public authorities have a duty to provide advice and assistance to applicants where reasonably possible. If the Trust does not hold a complete list, I would be grateful if you could explain what relevant information is held and how the request might be refined to obtain it.
I look forward to your clarification.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10523
Date received by Trust: 26 April 2026
Dear Susie,
Thank you for your request for information. Your request was received on 26/04/2026 and we are managing this request under the terms of the Freedom of Information Act 2000.
A response to your request for information will be provided promptly and, in any event, no later than 27/05/2026.
The FOI Act defines a number of exemptions which may prevent the release of the information you have requested. The information will be assessed for these exemptions prior to us releasing the information to you. In addition to this, please note that there may be a cost associated to your request in line with section 12 of the Act.
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
To: Chris Balch (Trust Chair), Martin Beaman, Joe Teape (Trust CEO), Catherine Lissett
CC: Sally, Nicole, Torre, Anna Varle (BBC), Emma Ruminski (BBC), Guy Henderson (Reach plc), Jake Wallace (BBC), Jenny Kumah (BBC), Jim Parker (Clear Sky Publishing), John Ayres (BBC), Julia Peet (BBC), Julie Fisher (BBC), Rachel Tapper, Sam Blackledge (ITV), Zoe (Totnes Pulse), Andrew Kay (Bauer Media), Mark Hawkins (Rowcroft Hospice), David Simmonds MP, David Thomas (Torbay Council), Cat Johns (Torbay Council)
Subject: What services have been removed from Torbay in the last 10 years
Good afternoon Chair and Members of the Board,
I am writing to formally request a clear and comprehensive account of all clinical and support services that have been reduced, relocated, outsourced, or withdrawn from Torbay Hospital over the past ten years.
This request is not made lightly. Over the past decade, many in the community have perceived a gradual erosion of services, often without clear communication or accessible public records explaining when and why these decisions were taken. For a publicly funded institution, this lack of transparency raises serious concerns about accountability and public trust.
Specifically, I ask that the Board provide:
- A complete list of all services that have ceased to operate at Torbay Hospital, whether fully removed or significantly reduced in scope, since 2016.
- For each service, the date the decision was formally approved.
- The corresponding Board meeting at which each decision was discussed and/or ratified, including minutes or publicly available records.
- The stated rationale for each change, including any financial, clinical, or staffing considerations.
- Details of where these services have been relocated or how patients are now expected to access equivalent care.
It is essential that this information is presented in a clear and accessible format. Patients and residents rely on Torbay Hospital as a cornerstone of local healthcare provision, and they deserve to understand how and why its services have evolved.
If this information is already available in the public domain, I ask that you provide direct links or references. If not, I request that this letter be treated as a formal request for disclosure and responded to within the appropriate statutory timeframe.
I would also ask the Board to clarify what measures are in place to ensure that future service changes are communicated more transparently and with meaningful public engagement.
I look forward to your response and would ask that all efforts are made to supply the information within 7 working days please.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status:
The thread runs across four stages:
- 26 April 2026 — Campaign letter to the Trust Chair and Board, with wide distribution including local MP, Torbay Council, and regional press.
- 29 April 2026 — Trust acknowledged under reference TSD10523, treating the letter as a formal FOI with a statutory deadline of 27 May 2026.
- 27 May 2026 — Trust response: "We do not hold this information", on the basis that services are commissioned by NHS Devon ICB, NHS England, or local authorities. The campaign was redirected to NHS Devon ICB.
- 4 June 2026 — Campaign clarification request, challenging the "not held" response on the basis that the Trust holds provider records, Board papers, and committee minutes about its own service changes regardless of who commissioned them, and invoking the Section 16 duty to provide advice and assistance.
Where the request stands: The Trust's "not held" response addresses commissioning records but not the provider records the Trust holds about its own service changes. The campaign is pressing for clarification on what searches were undertaken and whether a partial response is possible. The card remains in Awaiting Response pending the Trust's reply. If the clarification is unsatisfactory, the campaign may escalate to a formal internal review.
Lodged with:
- Torbay and South Devon NHS Foundation Trust
- Royal Devon University Healthcare NHS Foundation Trust (holder of the Boots pharmacy contract and site)
- NHS Devon Integrated Care Board (ICB Executive Office)
- Observers copied: Keir Starmer MP (Prime Minister), James Murray MP, and members of the Health and Social Care Committee (Layla Moran MP, Andrew George MP, Danny Beales MP, Beccy Cooper MP, Josh Fenton-Glynn MP, Paulette Hamilton MP, Joe Robertson MP, Greg Stafford MP), plus Phil Keeling, Sally, Torre, Steve Darling MP, Andrew, Michael, David, Georgian, John
What the request seeks, in summary:
- Pharmacy activity and capacity: annual outpatient prescriptions dispensed by Boots at the Royal Devon Hospital each year since the contract began (said to be 2014); the maximum dispensing capacity of the current service; and assessments of current utilisation and spare capacity.
- Demand modelling: any modelling of increased patient numbers arising from the transfer of clinical services from Torbay, and from the centralisation of cancer, pathology, and cardiology services, and wider One Devon reconfiguration.
- Risk management and Board assurance: Board Assurance Framework entries, corporate and programme risk registers, strategic and service-reconfiguration risk assessments, and mitigation plans relating to the relocation of histopathology and cellular pathology to Gadeon House, the sustainability of acute services at Torbay, the transfer of activity between Torbay and Exeter, workforce and establishment changes across pathology, cardiology, surgery, oncology, diagnostics and pharmacy, outpatient pharmacy capacity at the RDE, and patient travel, accessibility, waiting times and resilience. Each risk to include score, owner, mitigating actions, review dates, and current status.
- Correspondence: any correspondence between Boots UK, RDE, TSD, and NHS Devon ICB concerning future pharmacy capacity requirements.
- Expansion plans: any plans to increase pharmacy staffing, dispensing facilities, premises, opening hours, or contract scope to accommodate increased demand.
- Patient impact assessments: any assessments considering prescription waiting times, parking pressures, travel times, and accessibility for elderly patients and for patients travelling from Torbay, Paignton, Brixham, Dartmouth, and the South Hams communities.
- The assurance challenge: if no such modelling or assessment exists, an explanation of how the four bodies can be assured pharmacy capacity will remain adequate as activity migrates from Torbay to Exeter.
From: Susie Colley (chair@tqcc.co.uk)
To: NHS Devon ICB Executive Office, Joe Teape, Trust FOI, RDE FOI
CC: Keir Starmer MP, James Murray MP, Layla Moran MP, Andrew George MP, Danny Beales MP, Beccy Cooper MP, Josh Fenton-Glynn MP, Paulette Hamilton MP, Joe Robertson MP, Greg Stafford MP, Andrew, Michael, David, Georgian, John, Phil Keeling, Sally, Torre, Steve Darling MP
Subject: FOI re Additional Questions Regarding Outpatient Pharmacy Capacity
Good afternoon,
Please provide copies of any reports, modelling, capacity assessments, business cases, correspondence, risk assessments or planning documents concerning the ability of the Boots outpatient pharmacy service at the Royal Devon and Exeter Hospital to accommodate additional patient activity originating from Torbay and South Devon.
Specifically, please provide:
- The annual number of outpatient prescriptions dispensed by Boots at the Royal Devon Hospital for each year since the contract commenced, allegedly in 2014.
- The maximum dispensing capacity of the current service.
- Any assessments of current utilisation levels and spare capacity.
- Any modelling undertaken regarding increased patient numbers arising from: transfer of clinical services from Torbay Hospital; centralisation of cancer services; centralisation of pathology services; centralisation of cardiology services; wider One Devon service reconfiguration proposals.
Risk Management and Board Assurance
Please provide copies of any current or historic:
- Board Assurance Framework (BAF) entries;
- Corporate Risk Register entries;
- Programme Risk Register entries;
- Strategic Risk Assessments;
- Service Reconfiguration Risk Assessments;
- Mitigation Plans;
relating to:
- a) the relocation of Histopathology and Cellular Pathology services from Torbay Hospital to Gadeon House, Exeter;
- b) the sustainability of acute services at Torbay Hospital;
- c) the transfer or potential transfer of clinical activity between Torbay Hospital and Royal Devon and Exeter Hospital;
- d) workforce recruitment, vacancy management, establishment reductions, recruitment freezes, or succession planning affecting pathology, cardiology, surgery, oncology, diagnostics or pharmacy services;
- e) outpatient pharmacy capacity at the Royal Devon and Exeter Hospital;
- f) patient travel times, accessibility, waiting times, and service resilience arising from service reconfiguration proposals associated with the One Devon programme.
Please include the risk score, risk owner, mitigating actions, review dates, and current status of each risk.
- Any correspondence between Boots UK, Royal Devon University Healthcare NHS Foundation Trust, Torbay and South Devon NHS Foundation Trust and NHS Devon Integrated Care Board concerning future pharmacy capacity requirements.
- Any plans to increase pharmacy staffing levels, dispensing facilities, premises, opening hours or contract scope to accommodate increased patient demand.
- Any patient impact assessments considering: waiting times for prescriptions; parking pressures; travel times; accessibility for elderly patients; accessibility for patients travelling from Torbay, Paignton, Brixham, Dartmouth and South Hams communities.
- Any risk assessments identifying whether increased activity from Torbay Hospital could adversely affect the ability of the Boots outpatient pharmacy service to provide timely dispensing services.
If no such modelling, assessment or planning has been undertaken, please explain how NHS Devon ICB, Royal Devon University Healthcare NHS Foundation Trust, Torbay and South Devon NHS Foundation Trust, and Boots UK can be assured that outpatient pharmacy capacity will remain adequate should clinical activity increasingly migrate from Torbay to Exeter.
Please provide copies of any current or historic risk register entries, Board Assurance Framework entries, programme risks, or mitigation plans relating to: relocation of pathology services to Gadeon House; sustainability of acute services at Torbay Hospital; transfer of clinical activity between Torbay and Exeter; outpatient pharmacy capacity at Royal Devon Hospital; patient travel impacts arising from service reconfiguration.
Many thanks
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status: Submitted 11 June 2026 to three bodies: Torbay and South Devon NHS FT, Royal Devon University Healthcare NHS FT, and NHS Devon ICB, with the Prime Minister and members of the Health and Social Care Committee copied as observers. The request focuses on whether the Boots outpatient pharmacy at the Royal Devon and Exeter Hospital can absorb the additional demand created if cancer, pathology, and cardiology activity migrates from Torbay to Exeter, and seeks the risk-register and Board Assurance Framework material that would show whether these risks have been formally identified. As the pharmacy contract and site sit with RDE, while the Gadeon House and Torbay sustainability risks sit with TSD and the ICB, the request spans all three organisations. Reference numbers and acknowledgements are awaited. The statutory deadline will be 20 working days from each body's receipt.
Under Review or Challenge
for angiogram
for angiogram
of angioplasty
What we asked for:
- Waiting times for angiogram, angioplasty, pacemaker insertion
- Weekend angiograms in private hospitals
- Cases referred from RDE to Torbay - and whether Torbay was paid
- How often Torbay locum cardiologists covered RDE staff shortages
Status: Internal review failed to address deficiencies. ICO investigation now formally confirmed and underway.
Download Original Request (PDF) Download Initial Response (PDF) Download Follow-up Response (PDF) Download Internal Review (PDF) Download ICO Complaint (PDF)What Was Requested:
Information about Edge Health Ltd's commission to undertake demand and capacity modelling across Devon's acute hospitals, referenced in the Peninsula Acute Sustainability Programme (PASP). Specifically:
- Commissioning authority - Who commissioned the work
- Scope and purpose - Which hospitals and specialties were included (explicitly asking if cardiology was modelled)
- Timescales - When work was conducted and forecast period
- Outputs and deliverables - Reports, presentations, findings
- Contract and costs - Contract value, date, procurement method
- Governance and oversight - Which boards reviewed findings, meeting papers/minutes
What NHS Devon Revealed (16 February 2026):
- Commissioned via: NHS England's Recovery Support Programme (RSP) on behalf of Peninsula Acute Provider Collaborative (PASP)
- Process: NHS Devon requested support from NHS England Southwest to identify Edge Health as existing provider
- Joint arrangement: Edge Health commissioned via joint working arrangement through NHS England's RSP
- Specification provided: "PASP - Scenario modelling 15.3.2024 v0.2" - 20-week project covering all 5 acute hospitals
- Contract costs: Still claims doesn't hold this information (contradicts NHS England's response)
What They're Still Withholding:
- Actual modelling outputs and findings
- Whether cardiology was explicitly included in scope
- Timescales and forecast periods used
- Reports, presentations, executive summaries
- Contract value and procurement details
- Board papers, minutes, governance documents
NHS Devon's Justification for Withholding:
Section 22 (Information intended for future publication):
- Report being incorporated into draft 5-year ICB Commissioning Intentions and Strategic Commissioning Plan
- "Would be detrimental to publish this report in isolation without wider context"
- No publication date provided - "NHS Devon is unable to provide a date/format when this report will be published"
Section 36 (Prejudice to effective conduct of public affairs):
- "ICB must be assured it has a safe space where it can conduct robust free and frank conversations"
- Need to "explore all possible scenarios with partners and clinicians"
- Claim that disclosure "will inhibit and hinder these conversations"
PASP Specification (Disclosed):
The specification document reveals the modelling project was:
- 20-week timeline (started March 2024)
- Covered: All 5 acute hospitals across Devon, Cornwall & Isles of Scilly
- Included: Demand and activity modelling, workforce modelling, travel modelling
- Deliverables: Static report, interactive model, workshop materials
- Used GIRFT expertise - Getting It Right First Time programme data and case studies
- Purpose: "Developing a sustainable model for acute services" - described as "exit criteria for Devon"
Good afternoon
Thank you for your response to my Freedom of Information request (FOINHSD25/1474).
I am writing to request an internal review of the decision, for the following reasons:
1. Incorrect application of Section 22 ("information intended for future publication")
Section 22 can only be applied when:
- There is a settled intention to publish, and
- Publication is planned for a specific or at least reasonably identifiable date, and
- The public interest in withholding outweighs the public interest in disclosure.
Your response states: "The information held by NHS Devon is intended for future publication… The publication date is still to be confirmed."
A publication date that is not set does not meet the legal test for a "settled intention" under Section 22. ICO guidance is explicit on this point: "a general intention to publish at some point in the future is insufficient; there must be a clear and specific intent to publish the information within a reasonable timeframe."
Therefore, the exemption is incorrectly applied unless NHS Devon can: identify what will be published, identify where, provide an approximate publication timeframe, and demonstrate a public interest test explaining why withholding is in the public interest.
2. NHS Devon's statement that NHS England holds Q1 and Q5 contradicts NHS England's own FOI decision
NHS Devon stated: "NHS Devon does not hold the information in response to questions 1 and 5… you may wish to have direct communication with NHS England."
However, NHS England has already responded under FOI-2510-2272157, stating clearly that: "NHS England does not hold this information."
This creates a clear contradiction. Under Section 1(1)(a) FOIA, the authority has a duty to confirm whether it does or does not hold information. Authorities cannot redirect applicants back and forth where each denies holding the data.
Given that commissioning and contracting of local modelling for PASP would logically fall within the remit of NHS Devon (the statutory system commissioner), the assertion that the ICB holds none of this information requires proper clarification.
3. The decision does not address each question individually
Even where Section 22 may apply to some outputs, it cannot logically apply to: dates of commission, procurement method, contract value, governance structures, oversight boards, the scope of modelling (e.g., whether cardiology was included). These are factual details describing process, not unpublished documents.
Summary of Requested Actions
- Conduct a full internal review
- Reassess the decision to apply Section 22 without a publication date
- Reassess the claim that NHS Devon does not hold Q1 and Q5
- Provide all information that is not legitimately covered by Section 22
- Provide a lawful public interest test if you maintain the exemption
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Status: Initial response claimed "does not hold information" - challenged 25 November 2025. Internal Review received 16 February 2026 partially reversed decision - NHS Devon now admits it DOES hold information about commissioning authority and provided specification document, but is withholding modelling outputs, findings, contract costs, and governance documents using Section 22 (no publication date given) and Section 36 ("safe space" argument). The specification reveals this was a major 20-week project covering all Peninsula hospitals. Campaign successfully forced NHS Devon to admit holding information and disclose specification, but core modelling data remains hidden.
Download Internal Review Response (PDF) Download PASP Specification (PDF)Background:
After NHS England confirmed it "does not hold information about who authorised Edge Health" and directed the request to NHS Devon ICB as the commissioning authority, this FOI requested:
- Authorising individuals - Names and job titles who approved commissioning
- Dates of approval - When authorisation was given
- Contractual documentation - Contract, purchase order, business case, approval papers, procurement route
- Correspondence - Internal NHS Devon correspondence about decision; correspondence with Edge Health about scope
- Costs - Total cost, invoices, payment records
NHS Devon's Response (16 February 2026) - What They Revealed:
- Process: NHS Devon requested support from NHS England Southwest to identify suitable provider
- Selection: Edge Health identified as existing NHS England provider
- Arrangement: Commissioned via "joint working arrangement" through NHS England's Recovery Support Programme (RSP)
- Approval date: "Resource confirmed in place July 2024"
- Cost to NHS Devon: Nil - "covered by RSP"
- Specification: PASP Scenario modelling document (same as FOINHSD25/1474)
NHS Devon's Claims of "Information Not Held":
- No contract, agreement, purchase order, or call-off documentation
- No business case, approval papers, or decision reports
- No procurement route documentation
- No internal correspondence about decision to appoint Edge Health
- No invoices or payment records
ICO Complaint - Grounds for Investigation:
-
Implausible "information not held" claims
NHS Devon asserts it holds no procurement documentation, contractual records, internal correspondence, decision-making material, or funding arrangement documentation. The ICO has repeatedly ruled that blanket assertions of "information not held" require clear justification. NHS Devon provided none. -
Failure to demonstrate adequate searches (Section 1 breach)
The authority did not describe searches undertaken, identify systems checked, explain search terms used, or confirm whether relevant staff were consulted. The response gives the impression that no meaningful search was conducted at all. -
Breach of duty to advise and assist (Section 16 breach)
NHS Devon did not explain why it holds some information but not other related records, clarify its governance responsibilities, or provide meaningful assistance in understanding the division of responsibilities between NHS Devon and NHS England. Simply redirecting to NHS England is not sufficient to discharge the Section 16 duty. -
Lack of transparency around commissioning and governance
NHS Devon provides no explanation of why it retains no documentation, whether it received deliverables from Edge Health, whether it participated in meetings or oversight, or whether it was consulted during commissioning. -
Evasive response inconsistent with normal public-sector practice
It is not standard practice for a public body to be involved in a programme, know who authorised it, know when it commenced, know the funding source — yet hold no documentation, correspondence, or records. This raises concerns about inadequate record-keeping, failure to retain information, potential non-compliance with statutory obligations, and reluctance to disclose information. -
ICO Action Requested:
- Investigate the adequacy of NHS Devon's searches
- Require NHS Devon to conduct fresh, properly documented searches
- Require NHS Devon to provide a compliant response
- Assess whether NHS Devon breached Sections 1 and 16 of the FOI Act
- Consider whether NHS Devon's record-keeping practices comply with public-sector standards
The Circular Redirection Pattern:
| Question | NHS England Says | NHS Devon Says |
|---|---|---|
| Who authorised Edge Health? | "Contact NHS Devon" | "We don't hold internal correspondence - contact NHS England" |
| Contract documentation? | "We don't hold this" | "We don't hold this - contact NHS England" |
| Business case/approval papers? | "We don't hold this" | "We don't hold this - contact NHS England" |
Status: Response received 16 February 2026. NHS Devon claims it doesn't hold contracts, business case, approval papers, or internal correspondence despite being the commissioning authority. Formal complaint submitted to ICO 23 December 2025 on six grounds: implausible "information not held" claims, failure to demonstrate adequate searches, breach of duty to advise and assist, lack of governance transparency, evasive response inconsistent with normal practice, and inadequate record-keeping. Awaiting ICO determination.
Download Response (PDF) Download PASP Specification (PDF)Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (refs: TSD10299 and TSD10421, final response issued 20 May 2026, internal review requested 20 May 2026)
Grounds of the internal review challenge (submitted 20 May 2026):
- Section 21 reliance is insufficient. The Trust has directed the campaign to broad external repositories (bidstats.uk and the Trust's Board meetings page) without identifying the precise documents, sections, or data points relied upon. Section 21 applies only where information is reasonably accessible in the form requested. The Trust must either provide the relevant information directly or identify precise document references.
- Section 43(2) (commercial interests) requires reconsideration. The Trust has not demonstrated specific and likely prejudice. There is strong public interest in transparency regarding a major publicly funded digital transformation programme. Similar NHS EPR procurements routinely disclose significant levels of financial and contractual information without identifiable commercial harm. Disclosure of aggregate values, approved variations, and programme-level cost increases would not necessarily reveal commercially sensitive operational details. The Trust is asked to provide a fuller public interest test, clarify which specific information is considered commercially sensitive, and consider partial or redacted disclosure where possible.
- Section 12 (cost limit) refusal appears to be issued in error. The Trust's explanation for refusing correspondence with NHS England or the ICB refers to "individual patient records," which has no relevance to the actual request for capital spend correspondence. The campaign requests clarification on whether the refusal was issued in error, what searches were actually undertaken, how the cost estimate was calculated, and whether the request could be refined to fall within the cost limit. Correspondence of this nature would reasonably be expected to exist within executive, finance, digital, programme, or board-level records and would therefore be searchable by keyword and date range.
- Section 22 (future publication) requires further explanation. The Trust is asked to clarify the expected publication date, whether the information already exists in final or draft form, and why withholding is reasonable given the strong public interest in current transparency over significant capital expenditure and programme affordability.
- FBC redactions require a schedule. The Trust has applied Sections 43(2), 42, and 40(2) to redactions within the Full Business Case. The campaign is asking for a schedule or index of redactions indicating which exemption applies to each withheld section, with confirmation that all reasonably severable non-exempt information has been disclosed. The Trust is also asked to reconsider whether all redacted financial information genuinely engages Section 43(2), particularly where the information relates to historic approvals, aggregate programme values, governance, or public expenditure.
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10421
Signed by: Sarah Goss, Data Protection Lead
Dear Susie Colley,
We acknowledge receipt of your email dated 20/05/2026. As requested, we are carrying out an internal review of our decision not to disclose the information requested. A response to your request for an internal review will be sent to you promptly and in any event no later than 18/06/2026.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
If you are unhappy with the way in which we have handled your request, please contact the Data Protection and Freedom of Information Lead in the first instance. If you wish to make a formal complaint, you should write to our Complaints Manager at Torbay and South Devon NHS Foundation Trust, First Floor Bowyer Building, Torbay Hospital, Torquay TQ2 7AA or by email to tsdft.feedback@nhs.net
If you are not content with the outcome of your complaint or the internal review, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner will only make a decision once you have exhausted the complaints and/or internal review process provided by us. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or through this link https://ico.org.uk/global/contact-us/
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
Belmont Court, Torbay Hospital, TQ2 7AA
From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team and Complaints Manager, Torbay and South Devon NHS FT (tsdft.feedback@nhs.net)
CC: John Govett, Mark Hackett, NHS Devon Involve, James Murray MP, Joe Teape, Cat Johns, Martin Beaman, David Thomas, Andrew, John, Georgian, David, Judith, Sally, Torre, Phil Keeling, Nicole, Pat
Reference: TSD10421
Subject: FOA: Complaints Manager
Good afternoon,
1. Challenge to the Section 43(2) Commercial Interests Exemption
Please explain why you have refused "any contract variations, change notices, or cost uplifts agreed since contract signature." Please explain how disclosure of the number, value and dates of contract variations would prejudice commercial interests when the underlying contract award has already been publicly announced; whether the Trust conducted a specific prejudice test for each variation or applied a blanket exemption; whether consideration was given to partial disclosure such as releasing variation dates, high-level descriptions, and aggregate value of variations while withholding only genuinely commercially sensitive pricing details; and whether Epic was consulted regarding disclosure and, if so, whether their representations formed part of the Trust's public interest assessment.
2. Require a Public Interest Test
Under Section 43(2) the Trust must conduct a public interest balancing exercise. Please provide the factors considered in favour of disclosure and those considered in favour of withholding, the weighting applied to each factor, and any internal guidance relied upon. Many trusts only provide a summary; the underlying assessment often reveals weaknesses.
3. Challenge to the Section 12 Cost Limit Response
Regarding the statement "The only way of extracting this information would be to identify each individual patient, obtain their medical records...", this appears unrelated to the question about correspondence with NHS England or the ICB regarding approval, restriction, or prioritisation of EPR capital spend. There is no obvious connection between EPR capital funding correspondence and patient records. Please explain why locating that correspondence would require examination of individual patient records, and identify the business areas searched, the record systems searched, the estimated number of documents captured, and the methodology used to calculate the Section 12 estimate.
4. Provide a Section 12 Calculation
Please provide the breakdown used to calculate the Section 12 refusal, including estimated hours for locating, retrieving and extracting information, staff grades involved, and assumptions underpinning the estimate.
5. Challenge to the Section 22 Future Publication Exemption
Please provide the current approved budget and latest forecast outturn cost. Under Section 22 the Trust must genuinely intend to publish the information. Please confirm the exact document in which the information will be published, the expected publication date, whether a draft publication schedule existed when the request was received, and whether the information was substantially complete at that time. If a genuine publication plan cannot be demonstrated, the Section 22 decision is vulnerable.
6. Clarify the "Nationally Mandated Digital Infrastructure" Answer
As the Trust answered in the affirmative, please confirm which specific national programme designation applies to the Epic EPR programme; whether the programme forms part of NHS England's Frontline Digitisation Programme; whether it benefits from any exemption, flexibility or prioritisation within NHS capital allocation processes; and whether any EPR expenditure falls outside the Trust's normal capital controls.
7. CDEL Treatment
The statement that EPR-related capital expenditure does not count against the Trust's CDEL is unusual, as many NHS capital projects ultimately impact system capital allocations. Please explain the accounting and funding mechanism through which this is achieved, and identify the funding source, the accounting treatment, and any NHS England approvals supporting this treatment.
8. Redaction Schedule
Please provide a redaction schedule for the Full Business Case identifying each redaction, the page number, the exemption applied, and a brief explanation of why the exemption applies. These exemptions may have been applied too broadly.
9. The Audit Position
The latest forecast outturn cost and variance against budget was answered "The latest forecast is currently being audited." Please confirm the forecast outturn cost under audit, the date it was submitted for audit, the expected completion date, and whether any material concerns have been identified by auditors regarding programme affordability or funding.
10. Potential Internal Review Grounds
If an internal review is required, the following require clear answers: the apparent mismatch between the Section 12 patient-record explanation and the actual question asked; whether Section 43(2) has been applied too broadly to contract variations and programme costs; whether sufficient evidence exists to support the Section 22 future publication exemption; whether the Trust has properly considered partial disclosure rather than blanket withholding; and whether the public interest in a major publicly funded EPR programme outweighs the claimed commercial prejudice. The reasoning behind a possible internal review is predominantly the Section 12 response, which appears unrelated to the information requested and may simply be an erroneous or copied-and-pasted refusal rationale.
The Heart Campaign requests that the questions posed are accurate, transparent and substantiated. In the event that these cannot be clarified, an internal review will be instigated.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10421
Format: Cover letter (4 pages) plus Full Business Case attachment (196 pages, marked "CONFIDENTIAL - COMMERCIALLY SENSITIVE - DO NOT FORWARD", dated September 2024 V7.0)
Dear Ms Colley,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.
1. Contract Value and Scope
- (a) Total contract value with Epic: Section 21 - directed to https://bidstats.uk/tenders/2025/W04/839319787
- (b) Contract start date and duration: Section 21 - directed to the same bidstats.uk link
- (c) Breakdown of total expected programme cost (licensing, implementation, training, hardware, third-party): "Please refer to the attached Full Business Case"
- (d) Contract variations, change notices, or cost uplifts: Refused under Section 43(2) - "relates to commercially sensitive contractual and financial arrangements, including pricing and negotiation matters." Public interest test concludes "the Trust's ability to manage contracts effectively and secure value for money for the NHS" outweighs transparency.
2. Payment Profile and Commitments
- (a) Full payment schedule, (b) capital expenditure to date by financial year, (c) revenue expenditure to date, (d) outstanding contractual commitments, (e) forecast remaining spend: All directed to "the attached Full Business Case"
3. Funding Sources and Restrictions
- (a) Breakdown of funding sources (PDC, internal capital, ICS allocations, NHSE programme funding): "Please refer to the attached Full Business Case"
- (b) Whether funding streams are ring-fenced specifically for EPR: "Yes."
- (b)(i) Details of conditions attached to ring-fenced funding: "N/A"
- (b)(ii) If not ring-fenced, whether funds could be reallocated: "Please refer to the attached Full Business Case"
4. Capital Regime and Constraints
- (a)(i) Whether EPR capital expenditure counts against the Trust's CDEL: "No."
- (a)(ii) Whether it counts against the ICS capital envelope: "Please refer to the attached Full Business Case"
- (b) Details of capital expenditure limits or penalties applied by NHS England: "N/A"
- (c) Correspondence with NHS England or the ICB on EPR capital spend: Refused under Section 12(1). The Trust's stated reason references "individual patient records" and estimates that "this process would, combined with the time taken to provide information relevant to other parts of your request exceed the appropriate limit." The cost limit cited is £450 (2.5 working days at NHS rate).
5. Programme Status and Risk
- (a) Current total approved budget: Refused under Section 22 - "contained within the Trust's Accounts, published annually on our website." Link provided: torbayandsouthdevon.nhs.uk publications page.
- (b) Latest forecast outturn cost and variance against budget: Refused under Section 22 - "The latest forecast is currently being audited."
- (c) Go-live date(s): "03 April 2026."
- (d) Identified financial risks to programme delivery: "Please refer to appendix DD1 of the Full Business Case attached."
6. Governance and Oversight
- (a) Business cases: "Please refer to the Full Business Case attached"
- (b) Board or committee papers on programme affordability, funding arrangements, financial risks or mitigations: Refused under Section 21 - directed to https://www.torbayandsouthdevon.nhs.uk/about-us/board-meetings/
- (c) External approvals required: "Please refer to the Full Business Case attached"
Final question on whether EPR is classified as nationally mandated digital infrastructure benefiting from central spending flexibility or exemption from capital controls: "Yes."
Note on FBC redactions: The Trust states the Full Business Case has been redacted under Section 43(2) (commercial interests). Withheld information includes "supplier pricing and cost breakdowns, financial assumptions and affordability thresholds, contractual arrangements and risk allocation." Further information has been withheld under Section 42 (legal professional privilege) and Section 40(2) (personal data). The Trust states "the objectives of transparency and accountability are met through the release of high level strategic, governance, and assurance information, without exposing commercially sensitive detail." No schedule of redactions has been provided to indicate which exemption applies to each redacted section.
Yours sincerely,
Freedom of Information Team
Torbay and South Devon NHS Foundation Trust
To: Complaints Manager, Torbay and South Devon NHS Foundation Trust, First Floor Bowyer Building, Torbay Hospital, Torquay TQ2 7AA
CC: Phil Keeling, Torre, Sally, Nicole
Date: 20 May 2026, 17:20
Dear Freedom of Information Team,
I am writing to request an internal review of the Trust's response to FOI reference TSD10421 concerning the Epic Electronic Patient Record (EPR) programme.
I appreciate the information provided; however, I believe several elements of the response have either been incorrectly applied under the Freedom of Information Act 2000 or require further clarification.
Section 21 - Information Reasonably Accessible
The Trust has relied on section 21 by directing me to external websites, including Bidstats and Board papers. I would ask the Trust to reconsider whether this satisfies its obligations under FOIA.
Section 21 applies only where information is reasonably accessible to the applicant in the form requested. Referring me to broad external repositories without identifying the precise documents, sections, or data points requested does not appear sufficient.
In particular:
- The Bidstats link does not appear to provide a complete response to the requested contract scope, financial commitments, or lifecycle costs.
- The Board Meetings page contains a substantial volume of material and does not identify which specific papers address programme affordability, funding arrangements, or financial risks.
Please either provide the relevant information directly or identify the precise documents and page references relied upon.
Section 43(2) - Commercial Interests
The Trust has withheld contract variations, cost uplifts, pricing structures, and related programme financial information under section 43(2).
I request reconsideration of this exemption on the following grounds:
- The Trust has not demonstrated specific and likely prejudice arising from disclosure.
- There is a strong public interest in transparency regarding a major publicly funded digital transformation programme involving substantial NHS expenditure.
- Similar NHS EPR procurements routinely disclose significant levels of financial and contractual information without identifiable commercial harm.
- Disclosure of aggregate values, approved variations, and programme-level cost increases would not necessarily reveal commercially sensitive operational details.
Please provide a fuller public interest test, clarification of which specific information is considered commercially sensitive, and consideration of partial disclosure or redacted disclosure where possible.
Section 12 - Cost of Compliance
The response states that correspondence with NHS England or the ICB regarding approval, restriction, or prioritisation of EPR capital spend cannot be provided because compliance would exceed the cost limit.
However, the explanation provided appears unrelated to the request itself and refers to "individual patient records," which do not appear relevant to this FOI request.
I therefore request clarification regarding whether the section 12 refusal was issued in error, what searches were actually undertaken, how the cost estimate was calculated, and whether the request could be refined to fall within the cost limit.
At minimum, I would expect correspondence of this nature to exist within executive, finance, digital, programme, or board-level records and therefore be searchable by keyword and date range.
Section 22 - Future Publication
The Trust has refused parts of the request under section 22 on the basis that information will be published in future accounts.
Please clarify the expected publication date, whether the information already exists in final or draft form, and why withholding is reasonable given the strong public interest in current transparency over significant capital expenditure and programme affordability.
Redactions within the Full Business Case
The Trust states that material has been withheld under sections 43(2), 42, and 40(2).
Please provide a schedule or index of redactions indicating which exemption applies to each withheld section, and confirmation that all reasonably severable non-exempt information has been disclosed.
I would also ask the Trust to reconsider whether all redacted financial information genuinely engages section 43(2), particularly where information relates to historic approvals, aggregate programme values, governance, or public expenditure.
I look forward to receiving the outcome of the internal review within the statutory timeframe.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: TSD10299 - FOI Extension of Time
Trust contact: foi.tsdft@nhs.net
Reference: TSD10299 (covers the refined request of 25 March 2026)
Dear Susie,
Request for Information
Thank you for your request for information which we received on 25/03/026. We can confirm that the Trust does hold the Cost and due diligence of EPIC falling within the terms of your request.
The Freedom of Information Act obliges us to respond to requests promptly and in any case no later than 20 working days after receiving your request.
When a qualified exemption is potentially applicable and the public interest test becomes relevant, the Act permits an extension of the response period beyond 20 working days. In such cases, a comprehensive reply must be issued within a timeframe that is considered reasonable given the specific circumstances.
We aim to make all decisions within 20 working days, including cases where we need to consider where the public interest lies in respect of a request for exempt information. In this case, however, we have not yet reached a decision on where the balance of public interest lies.
In your case, we estimate that it will take an additional 20 working days to take a decision on where the balance of public interest lies. We plan to let you have a response by 20/05/2026. If it appears that it may take longer to reach a conclusion, we will keep you informed.
The specific exemption(s) which apply in relation to your request is/are:
- Under Section 43 (2) of the Act, a public authority may refuse to disclose information if it would, or would likely to, prejudice the commercial interests of any person, including the public authority holding it. Commercial interest can be defined as the ability of a party to successfully participate in a commercial activity, such securing contracts for the provision of goods or services.
- Disclosure of information under the Freedom of Information Act has the effect of placing it in the public domain. I must therefore disregard who has asked for the information and am required to consider the effect of releasing the information to the public at large.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: TSD10421 - FOI Extension of Time
Trust contact: foi.tsdft@nhs.net
Reference: TSD10421 (covers the extended financial request of 29 March 2026)
Dear Susie,
Request for Information
Thank you for your request for information which we received on 29/03/2026. We can confirm that the Trust does hold Electronic Patient Record (EPR) programme falling within the terms of your request.
The Freedom of Information Act obliges us to respond to requests promptly and in any case no later than 20 working days after receiving your request.
When a qualified exemption is potentially applicable and the public interest test becomes relevant, the Act permits an extension of the response period beyond 20 working days. In such cases, a comprehensive reply must be issued within a timeframe that is considered reasonable given the specific circumstances.
We aim to make all decisions within 20 working days, including cases where we need to consider where the public interest lies in respect of a request for exempt information. In this case, however, we have not yet reached a decision on where the balance of public interest lies.
In your case, we estimate that it will take an additional 20 working days to take a decision on where the balance of public interest lies. We plan to let you have a response by 20/05/2026. If it appears that it may take longer to reach a conclusion, we will keep you informed.
The specific exemption(s) which apply in relation to your request is/are:
- Under Section 43 (2) of the Act, a public authority may refuse to disclose information if it would, or would likely to, prejudice the commercial interests of any person, including the public authority holding it. Commercial interest can be defined as the ability of a party to successfully participate in a commercial activity, such securing contracts for the provision of goods or services.
- Disclosure of information under the Freedom of Information Act has the effect of placing it in the public domain. I must therefore disregard who has asked for the information and am required to consider the effect of releasing the information to the public at large.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
Yours sincerely,
Kind regards,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
To: Joe Teape (Trust CEO), with Martin, Chris, Sally, Torre, Phil, Nicole
Date: 29 March 2026, 22:29
Good evening
I am writing to request information under the Freedom of Information Act 2000 regarding the Trust's Electronic Patient Record (EPR) programme, specifically the implementation of the Epic system.
This request relates to financial disclosures referenced in your 2024/25 Annual Report and Accounts.
Please provide the following:
1. Contract Value and Scope
- a) The total contract value with Epic (including all contracted modules and services)
- b) The contract start date and duration
- c) A breakdown of total expected programme cost, including:
- Software licensing
- Implementation and configuration
- Training and change management
- Hardware and infrastructure
- Third-party consultancy or system integration support
- d) Any contract variations, change notices, or cost uplifts agreed since contract signature
2. Payment Profile and Commitments
- a) The full payment schedule over the life of the contract
- b) Total capital expenditure incurred to date on the EPR programme (by financial year)
- c) Total revenue expenditure incurred to date (if applicable)
- d) Total outstanding contractual commitments as of the most recent reporting date
- e) Forecast remaining spend to programme completion
3. Funding Sources and Restrictions
- a) A breakdown of funding sources for the EPR programme, including:
- Public Dividend Capital (PDC)
- Internal capital
- System (ICS) allocations
- National/NHSE programme funding
- b) Confirmation of whether any of these funding streams are ring-fenced specifically for the EPR programme
- c) If ring-fenced, details of the conditions attached to that funding
- d) If not ring-fenced, confirmation of whether funds could be reallocated or withheld due to financial performance or capital regime constraints
4. Capital Regime and Constraints
- a) Confirmation of whether EPR-related capital expenditure counts against:
- The Trust's Capital Departmental Expenditure Limit (CDEL)
- The Integrated Care System capital envelope
- b) Details of any capital expenditure limits, controls, or penalties applied by NHS England that may affect the EPR programme
- c) Any correspondence with NHS England or the Integrated Care Board regarding approval, restriction, or prioritisation of EPR capital spend
5. Programme Status and Risk
- a) Current total approved budget for the EPR programme
- b) Latest forecast outturn cost and variance against budget
- c) Go-live date(s) and any changes to the delivery timeline
- d) Any identified financial risks to programme delivery, including risks related to funding availability or capital constraints
6. Governance and Oversight
- a) Copies of any business cases (outline, full, or updated) for the EPR programme
- b) Board or committee papers (or extracts) discussing:
- Programme affordability
- Funding arrangements
- Financial risks or mitigations
- c) Details of any external approvals required (e.g. NHS England, DHSC)
If any of this information is exempt from disclosure, please specify the exemption(s) applied and provide partial disclosure where possible.
I would prefer to receive this information in electronic format.
Please also confirm whether any part of the EPR programme is classified as nationally mandated digital infrastructure and whether it benefits from central spending flexibility or exemption from capital controls.
Thank you
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
To: tsdft.foi@nhs.net
Date: 25 March 2026, 09:17
Good morning Mr Teape,
I am writing to request information under the Freedom of Information Act 2000 regarding the procurement and approval of the Electronic Patient Record (EPR) system (Epic) by Torbay and South Devon NHS Foundation Trust.
To assist with cost limits under Section 12 of the Act, I have limited the scope of my request to specific documents, date ranges, and final approved materials.
Please provide the following:
1. Governance and decision-making
- The exact date(s) on which the Trust Board approved:
- a) The Outline Business Case (OBC)
- b) The Full Business Case (FBC)
- c) The selection of Epic as the preferred supplier
- Copies of the relevant Trust Board minutes and papers only (excluding sub-committees), limited to meetings held between 1 January 2020 and 31 December 2025, where:
- The OBC or FBC was approved, and/or
- Epic was approved as the preferred supplier
2. Financial scrutiny
- Trust Board papers and minutes only (not Finance or Audit Committees), within the same date range (2020-2025), where:
- The total programme cost was presented for approval
- Affordability was considered
- Any final affordability assessment or summary included within the approved business case or Board papers
3. Total cost and payment profile
- The total expected lifetime cost of the EPR programme, where this is already recorded in existing documents
- The contract duration and high-level payment profile (e.g. annual or phased costs), where held
- A high-level summary of funding sources (e.g. NHS England vs Trust funding), where already documented
4. Pilot / testing
- Confirmation of whether a pilot, phased rollout, or formal evaluation was conducted prior to full approval
- If no internal pilot was undertaken, a brief summary of the external evidence or deployments relied upon, where recorded in business case or Board papers
5. Risk and impact
- Relevant risk summaries (not full risk registers) relating to:
- Financial risk
- Operational disruption
- Workforce/training impact
- Where these are included in:
- The OBC/FBC, or
- Trust Board papers within the specified date range
If any of this information is already publicly available, please provide direct links to the specific documents.
If any part of this request is considered likely to exceed the cost limit, I would be grateful if you could advise how it may be further refined, in accordance with your duty to provide advice and assistance under Section 16 of the Act.
If exemptions are applied, please provide the remaining information and explain the basis for any exemptions.
I look forward to your response within the statutory timeframe.
regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Elected Governor of Torbay Hospital
To: tsdft.foi@nhs.net
Date: 24 March 2026, 20:42
Good evening
I am writing to request information under the Freedom of Information Act 2000 regarding the procurement and approval of the Electronic Patient Record (EPR) system (Epic) by Torbay and South Devon NHS Foundation Trust.
Please provide the following:
1. Governance and decision-making
- The exact date(s) on which the Trust Board approved:
- a) The Outline Business Case (OBC) for the EPR
- b) The Full Business Case (FBC) for the EPR
- c) The selection of Epic as the preferred supplier
- Copies of the relevant Board and/or Committee minutes and papers where these decisions were discussed and approved
2. Financial scrutiny
- Any Board, Finance Committee, or Audit Committee papers or minutes where the cost of the EPR programme (including the £36.7m-£55.4m contract) was discussed, challenged, or approved
- Documentation setting out the affordability assessment and impact on the Trust's financial position
3. Total cost and payment profile
- The total expected lifetime cost of the EPR programme, including (but not limited to):
- Software and licensing
- Implementation and infrastructure
- Staff training and backfill
- Ongoing maintenance and support
- The annual payment profile and duration of the contract (including any extension options)
- Confirmation of what proportion of costs will be funded by:
- a) Central/NHS England funding
- b) The Trust's own budget
4. Pilot / testing
- Whether any pilot, phased rollout, or formal evaluation of the Epic system was conducted by the Trust prior to full commitment
- If not, what evidence or external deployments were relied upon to justify the decision
5. Risk and impact
- Copies of the risk register entries, impact assessments, or business case sections relating to:
- Financial risk
- Operational disruption during implementation
- Workforce/training impact
If any of this information is already publicly available, please provide direct links to the specific documents.
If parts of this request are considered exempt, please provide the remaining information and explain the basis for any exemptions applied.
I look forward to your response within the statutory 20 working days.
Thank you
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Elected Governor of Torbay Hospital
Status: Three submissions to Torbay and South Devon NHS FT, which the Trust split into two separate FOIs (TSD10299 and TSD10421). The refined request of 25 March was logged as TSD10299 (Section 16 advice and assistance, narrowed to Trust Board papers only, defined date range 2020-2025, risk summaries rather than full registers). The extended financial request of 29 March was logged as TSD10421 (drawing directly on the 2024/25 Annual Report, asking specifically about CDEL treatment, ring-fenced funding conditions, PDC vs internal capital breakdown, payment profile by financial year, and central spending flexibility). The initial request of 24 March is presumably absorbed into TSD10299. On 21 April 2026 the Trust issued separate extension notices for both references, invoking the public interest test against Section 43(2). On 20 May 2026, the day of the extended deadline, the Trust issued its substantive response to TSD10421, applying five separate exemptions (Section 21, Section 43(2), Section 12(1), Section 22, and Sections 42/40(2) for FBC redactions). The campaign submitted a comprehensive internal review request the same day at 17:20, challenging each exemption in turn. Key disclosures from the Trust's response: EPR funding is ring-fenced; the EPR does not count against the Trust's CDEL allocation; the go-live date is 3 April 2026; and part of the EPR programme is classified as nationally mandated digital infrastructure benefiting from central spending flexibility or exemption from capital controls. The internal review is now underway. The status of TSD10299 (the refined request of 25 March 2026) is currently unclear and may have been consolidated under TSD10421.
Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (ref: TSD10396, final response issued 20 May 2026 by Jamie Whaling, Associate Director of Legal Services and Acting Data Protection Officer)
Grounds of the internal review challenge (submitted 6 June 2026):
- Each category of information should have been assessed individually rather than collectively. The Trust has applied Section 36 across all five questions in the request without consideration of partial disclosure.
- Factual information can be disclosed. The internal review specifically identifies the date the Section 75 Recovery Plan was first presented; dates of escalation to the Board; dates of inclusion on the Board Assurance Framework; finalised committee reports and minutes; and factual financial monitoring information. None of these inherently engages Section 36's "safe space" rationale.
- Reasonably severable information should be released through redaction of material genuinely considered exempt, rather than blanket withholding.
- The public interest test has not given sufficient weight to the public interest in transparency concerning Adult Social Care finances, Section 75 governance arrangements, and the management of public funds.
- The "safe space" and "inhibition" arguments cannot apply to historic records identifying the earliest recognition of financial imbalance and the need for recovery action.
- Procedural questions on the qualified person's opinion: the date on which the opinion was obtained; whether the opinion considered each category of information separately; and whether any information was considered for partial disclosure.
Stated next step: In the event that the internal review upholds the refusal, the Heart Campaign will issue a complaint to the Information Commissioner's Office.
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10396
Cover email signed by: Jamie Whaling, Associate Director of Legal Services and Acting Data Protection Officer
Substantive response signed by: Freedom of Information Team
Dear Ms Colley,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.
[The Trust's response then reproduces the campaign's original 29 March 2026 request in full before providing the substantive answer below.]
Trust position:
The Trust has carefully considered your request. Whilst we hold information within scope, we are unable to release the requested information as it is exempt under Section 36 of the Freedom of Information Act 2000.
Section 36 is a qualified exemption which applies where, in the reasonable opinion of a qualified person, disclosure of the information would or would be likely to have the effects set out in the Act. The Trust sought and obtained a formal opinion from the Trust's Chief Executive Officer, who is a qualified person for the purposes of Section 36(5) of the Act. The qualified person's opinion was that disclosure of the requested information would be likely to:
- Inhibit the free and frank provision of advice (Section 36(2)(b)(i));
- Inhibit the free and frank exchange of views for the purposes of deliberation (Section 36(2)(b)(ii)); and
- Otherwise prejudice the effective conduct of public affairs (Section 36(2)(c)).
This opinion is supported by the live and sensitive nature of the issues covered by the request, including ongoing financial pressures, recovery planning, and partnership working with the local authority under Section 75 arrangements.
As Section 36 is a qualified exemption, the Trust has considered whether the public interest in disclosure outweighs the public interest in maintaining the exemption.
Public interest factors in favour of disclosure:
The Trust recognises that there is a public interest in:
- Transparency and accountability in relation to the use of public funds;
- Enabling public understanding of financial pressures and how they are identified and managed; and
- Allowing scrutiny of governance arrangements and decision-making within Adult Social Care and Section 75 partnerships.
Public interest factors in favour of maintaining the exemption:
However, the Trust considers that there is a stronger public interest in:
- Preserving a safe space for senior officers, Board members, and partners to discuss sensitive financial risks candidly while issues remain live;
- Ensuring that officers and partners can provide honest, comprehensive advice and challenge without concern that preliminary views or draft proposals will be disclosed prematurely;
- Protecting effective joint working with partner organisations, including the local authority, where trust and confidentiality are essential to resolving complex issues; and
- Avoiding confusion or misinterpretation arising from the disclosure of draft, incomplete, or evolving information, which could divert time and resources away from addressing the underlying financial challenges.
The qualified person concluded that disclosure would be likely to inhibit frank discussion and advice now and, in the future, undermining the quality of decision-making and prejudicing the Trust's ability to conduct its affairs effectively.
While the Trust acknowledges the value of openness and accountability, it has concluded that, in this case, the public interest in maintaining the exemption outweighs the public interest in disclosure. Releasing the requested information would be likely to cause real and substantive harm to effective governance, partnership working, and financial recovery activity.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
If you are unhappy with the way in which we have handled your request, please contact the Data Protection and Freedom of Information Lead in the first instance. If you wish to make a formal complaint, you should write to our Complaints Manager at Torbay and South Devon NHS Foundation Trust, First Floor Bowyer Building, Torbay Hospital, Torquay TQ2 7AA or by email to tsdft.feedback@nhs.net
If you are not content with the outcome of your complaint or the internal review, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner will only make a decision once you have exhausted the complaints and/or internal review process provided by us. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or through this link https://ico.org.uk/global/contact-us/
Yours sincerely,
Freedom of Information Team
Torbay and South Devon NHS Foundation Trust
Cover email from Jamie Whaling, Associate Director of Legal Services and Acting Data Protection Officer (20 May 2026 15:14): "Dear All, We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is attached." This is the first response on the tracker signed by Legal Services rather than the Data Protection Lead.
From: Susie Colley (chair@tqcc.co.uk)
To: Data Protection and Freedom of Information Lead, Torbay and South Devon NHS Foundation Trust
CC: John Govett, Mark Hackett, Joe Teape, Martin Beaman, Phil Keeling, Torre, Sally, Nicole, Cat Johns, Andrew, John, David, Georgian
Reference: TSD10396
Dear Data Protection and Freedom of Information Lead,
FOI Reference: TSD10396
I request an internal review of the decision to withhold the requested information under section 36 of the Freedom of Information Act 2000.
While I acknowledge that section 36 may apply to certain information, I am concerned that the exemption appears to have been applied on a blanket basis across all requested material without sufficient consideration of partial disclosure.
I ask the reviewer to consider:
- Whether each category of information was assessed individually rather than collectively.
- Whether factual information can be disclosed, including:
- the date the Section 75 Recovery Plan was first presented;
- dates of escalation to the Board;
- dates of inclusion on the Board Assurance Framework;
- finalised committee reports and minutes;
- factual financial monitoring information.
- Whether reasonably severable information can be released through redaction of material genuinely considered exempt.
- Whether the public interest test has given sufficient weight to the significant public interest in transparency concerning Adult Social Care finances, Section 75 governance arrangements, and the management of public funds.
- Whether the "safe space" and inhibition arguments remain applicable to historic records identifying the earliest recognition of financial imbalance and the need for recovery action.
I would also be grateful if the review could confirm:
- the date on which the qualified person's opinion was obtained;
- whether the opinion considered each category of information separately; and
- whether any information was considered for partial disclosure.
In the event that the internal review upholds the refusal, The Heart Campaign will issue a complaint to the Information Commissioner's Office (ICO).
Based on the wording of the refusal, the overarching assessment of your decision is that the strongest argument is that the Trust has not adequately justified withholding all of the requested material, particularly factual records and historic documents.
I look forward to receiving the outcome of the internal review.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: TSD10396 - FOI Extension of Time
Trust contact: foi.tsdft@nhs.net
Reference: TSD10396
Dear Susie,
Request for Information
Thank you for your request for information which we received on 29/03/2026. We can confirm that the Trust does hold Section 75 arrangements and associated financial pressures in Adult Social Care falling within the terms of your request.
The Freedom of Information Act obliges us to respond to requests promptly and in any case no later than 20 working days after receiving your request.
When a qualified exemption is potentially applicable and the public interest test becomes relevant, the Act permits an extension of the response period beyond 20 working days. In such cases, a comprehensive reply must be issued within a timeframe that is considered reasonable given the specific circumstances.
We aim to make all decisions within 20 working days, including cases where we need to consider where the public interest lies in respect of a request for exempt information. In this case, however, we have not yet reached a decision on where the balance of public interest lies.
In your case, we estimate that it will take an additional 20 working days to take a decision on where the balance of public interest lies. We plan to let you have a response by 20/05/2026. If it appears that it may take longer to reach a conclusion, we will keep you informed.
The specific exemption(s) which apply in relation to your request is/are:
- Section 12(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
Note on the changed exemption: The extension notice of 21 April 2026 cited Section 12(1) (cost limit) as the potentially applicable exemption. The final response of 20 May 2026 applied Section 36 instead. Section 36 (qualified person opinion on inhibition of frank discussion) and Section 12 (cost of compliance) operate on entirely different grounds. The Trust has not explained the change.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
To: Joe Teape (Trust CEO), with Martin, Chris, Sally, Phil, Torre, Nicole, Cat, David, Anne-Marie, Jim
Date: 29 March 2026, 23:02
Good Evening
Having looked at the Accounts for the TBH it would appear necessary to obtain further information therefore under the Freedom of Information Act 2000, please provide the following information relating to the Section 75 arrangements and associated financial pressures in Adult Social Care:
1. Section 75 Recovery Plan
- The date on which the Section 75 Recovery Plan was first presented to the Business Development Committee
- Copies of the initial version of the Recovery Plan, and any subsequent revised versions presented during 2024/25
2. Committee Papers and Minutes
- All agenda papers, reports, and minutes of the Business Development Committee where the Section 75 Recovery Plan was discussed, reviewed, or approved during 2023/24 and 2024/25
3. Earliest Identification of Financial Pressure
- The earliest internal report, briefing, or risk register entry (including Board Assurance Framework entries) that identifies:
- a material mismatch between income and expenditure within the Section 75 / Adult Social Care arrangements, or
- a requirement for recovery, mitigation, or transformation action
4. Financial Monitoring Reports
- Monthly or periodic budget monitoring reports for Adult Social Care / Section 75 arrangements from April 2023 to March 2025, including any exception reports highlighting overspends or cost pressures
5. Escalation and Risk Classification
- The date on which the financial position was formally escalated to:
- the Board, and/or
- inclusion on the Board Assurance Framework as a financial sustainability risk
- Copies of the relevant BAF entries and any supporting documentation
Please provide the information in electronic form. Where documents are withheld, please specify the exemption(s) relied upon and provide any reasonably severable material.
If the request exceeds cost limits, please prioritise: (1) the earliest report identifying the issue, and (2) the first presentation of the Section 75 Recovery Plan.
For the avoidance of doubt, this request seeks to identify the earliest point at which the financial imbalance was recognised internally as requiring intervention, rather than routine monitoring.
Thank you
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Elected Governor of Torbay Hospital
Status:
The thread runs across four key stages:
- 29 March 2026 — Campaign FOI submitted to Joe Teape and others, drawing on disclosures in the Trust's 2024/25 Annual Report and Accounts and seeking to identify when financial pressures within the Section 75 partnership with Torbay Council were first recognised.
- 21 April 2026 — Trust extension notice from Sarah Goss, citing Section 12(1) as the potentially applicable exemption and pushing the deadline to 20 May 2026.
- 20 May 2026 — Trust final response from the FOI Team. Section 12 has been dropped. The Trust now applies Section 36 as a blanket refusal across the entire request, citing all three available subsections (advice, deliberation, conduct of public affairs). The qualified person opinion was provided by CEO Joe Teape. The cover email was signed by Jamie Whaling, Associate Director of Legal Services, the first response on the tracker from Legal Services rather than the Data Protection Lead.
- 6 June 2026 — Campaign internal review request submitted, challenging the blanket application of Section 36 and identifying specific historic factual records that should be disclosable.
Where the request stands: The Trust has refused all requested information including factual historic records that do not engage the "safe space" rationale. The internal review is now underway. If the Trust upholds the refusal, the Heart Campaign has stated it will escalate to the Information Commissioner's Office.
Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (ref: TSD10513, final response issued 27 May 2026)
What the Trust answered, by question:
- Formal programme and business case documentation: Refused under Section 22 (future publication). The full business case "will be published for the Trust Board" with a link to the Board meetings page.
- Explicit plans for service relocation or consolidation: Partial documents disclosed with redactions under Section 40(2) and Section 43(2). The Trust's public interest reasoning under Section 43(2) refers to "proposed arrangements for Gadeon House", which is from a different programme of work.
- Underlying activity and demand data: Redirected to the Model Hospital benchmarking platform. The Trust did not address whether local Torbay pathology activity datasets were also used.
- Modelling, assumptions, and outputs: Redirected to Model Hospital for the modelling basis. Further information "is included in the Business Case and is exempt under Section 22".
- Clinical risk and impact evidence: "We are in the process of completing our clinical risk assessments for this activity." Further information "is included in the Business Case and is exempt under Section 22".
- Carter-based efficiency claims: "We do not hold this information."
- Governance, decision-making, and assurance: Refused under Section 12 (cost limit). The Trust estimates the work to locate and review board papers and minutes from 2018 to present across multiple committees would exceed £450 (18 hours). Section 16 advice offered: refine to a shorter date range or a single committee.
- External direction, correspondence, and challenge: Refused under Section 12 (cost limit). The Trust estimates that locating, retrieving and reviewing the requested external correspondence across multiple email accounts, shared mailboxes, and document management systems would exceed the cost limit. Section 16 advice offered: limit to one organisation (e.g. NHS England) or a defined date range.
- Commercial sensitivity and public interest: Not directly answered. The Trust applied Section 43(2) in Question 2 with public interest reasoning that referred to "proposed arrangements for Gadeon House".
- Format of response: Not directly answered. No data or models provided in original electronic format.
Grounds of the internal review challenge (submitted 6 June 2026):
- Section 22 application is unsupported. The Trust has not specified the anticipated publication date or the Board meeting at which the FBC is expected to be presented. A search of the Board meetings page does not locate the document. Section 22 also appears to have been applied to underlying material (modelling assumptions, financial models, sensitivity analyses, impact assessments, risk-related material) that contributes to the FBC but is not itself necessarily intended for publication.
- Clinical risk and impact documentation may already be held in draft. If risk assessment work is underway, the Trust may hold draft clinical risk assessments, preliminary risk registers, workshop outputs, hazard logs, QIA drafts, EqIA drafts, or interim risk documentation. The internal review asks whether such documents are held and can be disclosed subject to redaction.
- Section 43(2) application is generic. The refusal notice does not identify the specific commercial interests that would be prejudiced, which parties' commercial interests are affected, how disclosure would create the claimed prejudice, or why that prejudice is considered likely. The reference to "proposed arrangements for Gadeon House" in the public interest assessment appears unrelated to the pathology reconfiguration subject matter and may have been included in error.
- Question 3 response does not engage local datasets. The Model Hospital redirect does not address whether local operational datasets were used in developing the business case, whether local workload, referral, transport, demand or utilisation datasets are held, or whether such datasets can be disclosed.
- Section 12 cost estimates are unsubstantiated. The refusal notices do not explain the number of records considered, the estimated hours attributed to locating, retrieving and extracting the information, or the basis on which the Section 12 estimates were calculated. Trust Board papers are routinely published and indexed; the cost estimate for identifying pathology-related Board papers is therefore questionable.
- Section 16 advice is generic rather than specific. The Trust suggests narrowing scope but does not identify what information may be available within the cost limit. The campaign asks for more specific guidance on how the requests could be refined so that meaningful information can be disclosed.
Stated next step: The internal review request will form the basis for an ICO complaint if the matter is not resolved at internal review stage.
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10513
Signed by: Freedom of Information Team
Dear Ms Colley,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.
1. Formal Programme and Business Case Documentation
Under Section 22 of the Freedom of Information Act we are not obliged to provide you with information if it is our intention to publish the information within a reasonable time frame. The full business case will be published for the Trust Board, all Board papers are available on the Trust's website: https://www.torbayandsouthdevon.nhs.uk/about-us/board-meetings/
2. Explicit Plans for Service Relocation or Consolidation
Please find attached documents relating to the Peninsula Pathology Network and potential transfers of pathology activity from Torbay. Please note information included within the documentation which is not relating to the potential or planned transfer of pathology activity, laboratory designations within Devon or role of Torbay as an Essential Service Laboratory (ESL) has been redacted as beyond the scope of your request.
Further information has been redacted under section 40(2) of the Freedom of Information Act, where disclosure would identify personal data, and section 43(2), where disclosure would be likely to prejudice commercial interests including ongoing negotiations.
We recognise the public interest in openness and accountability around the use of public funds and contractual arrangements affecting public services. Disclosure would support transparency in decision-making and help the public understand the basis on which the Trust is considering the proposed arrangements for Gadeon House.
However, there is a stronger public interest at this time in withholding the information under section 43(2) of the Freedom of Information Act, as the contract remains subject to ongoing negotiation. Disclosure of negotiating positions, financial assumptions, pricing information, or other commercially sensitive details would be likely to prejudice the commercial interests of the Trust and/or the other parties involved by undermining the Trust's ability to secure best value and conduct negotiations fairly and effectively.
On balance, the public interest currently favours maintaining the exemption until negotiations have concluded.
3. Underlying Activity and Demand Data (Raw Where Held)
Modelling is based on the Model Hospital which is available on the following weblink: https://open.model.nhs.uk/compartments/c9fce30a-6d8a-4aa3-ad1d-fd2bad6a7cfc
4. Modelling, Assumptions, and Outputs
Modelling is based on the Model Hospital which is available on the following weblink: https://open.model.nhs.uk/compartments/c9fce30a-6d8a-4aa3-ad1d-fd2bad6a7cfc
Further information is included in the Business Case and is exempt under section 22 of the Freedom of Information Act, as it is intended for publication within a reasonable timeframe. The full business case will be published for the Trust Board, all Board papers are available on the Trust's website: https://www.torbayandsouthdevon.nhs.uk/about-us/board-meetings/
5. Clinical Risk and Impact Evidence
We are in the process of completing our clinical risk assessments for this activity.
Further information is included in the Business Case and is exempt under section 22 of the Freedom of Information Act, as it is intended for publication within a reasonable timeframe. The full business case will be published for the Trust Board, all Board papers are available on the Trust's website: https://www.torbayandsouthdevon.nhs.uk/about-us/board-meetings/
6. Carter-Based Efficiency Claims
We do not hold this information.
7. Governance, Decision-Making, and Assurance
We believe complying with this request would exceed the appropriate cost limit. Your request seeks full minutes, board papers, appendices, decision logs, highlight reports, and risk registers relating to pathology reconfiguration across multiple governance forums (including Trust Board, Finance and Investment Committee, Quality/Clinical Governance Committees, and Pathology Programme or Network Boards) over a period from 2018 to the present.
To respond in full would require the Trust to identify and review a very large volume of meetings and associated papers across multiple committees and programmes; conduct manual searches across several systems and archives spanning more than six years; and review each document to determine relevance.
We estimate that the work required to locate, retrieve, and review this volume of material would significantly exceed the £450 cost limit (equivalent to 18 hours of staff time) set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.
In accordance with section 16 of the Act, we may be able to assist you if you are willing to refine your request. For example, limiting the request to a shorter date range or specifying one committee or board rather than multiple groups.
8. External Direction, Correspondence, and Challenge
We believe complying with this request would exceed the appropriate cost limit. Your request seeks a wide range of external correspondence, directives, targets, instructions, independent reviews, gateway reviews, and external assurance reports relating to pathology consolidation and Carter implementation, involving multiple external bodies over an unspecified period.
To respond in full would require the Trust to conduct extensive searches across multiple email accounts, shared mailboxes, and document management systems to identify and review large volumes of correspondence and assurance material to determine relevance.
We estimate that the time required to locate, retrieve, review, and redact this information would significantly exceed the £450 cost limit (equivalent to 18 hours of staff time) prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.
In accordance with section 16 of the Act, we would be happy to assist you in refining your request so that it may fall within the cost limit. For example, you could limit the request to a specific organisation (e.g. NHS England only) or restrict the request to a defined date range.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
Yours sincerely,
Freedom of Information Team
Torbay and South Devon NHS Foundation Trust
From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team, Torbay and South Devon NHS FT
CC: John Govett, Mark Hackett, James Murray MP, Andrew, David, John, Georgian, Joe Teape, Martin Beaman, Mark, Phil Keeling, Sally, Torre, Nicole
Reference: TSD10513
Good evening, Freedom of Information Team,
Thank you for your response to my request under reference TSD10513.
I am writing to request an internal review of several aspects of the Trust's handling of this request and the application of exemptions under the Freedom of Information Act 2000.
Application of Section 22 - Information Intended for Future Publication
The Trust has relied upon section 22 to withhold the Full Business Case and related information. However, the response does not specify the anticipated publication date or the Board meeting at which the Full Business Case is expected to be published. Indeed a search has been made of the Board Meetings and the Business case could not be located in the event that the relevant document has been published, please attach the relevant document in your response.
Please clarify:
- The date on which publication is anticipated.
- The specific Board meeting at which the Full Business Case is expected to be presented.
- Whether the intention to publish existed at the time my request was received.
In addition, section 22 appears to have been applied not only to the Business Case itself but also to underlying information including modelling assumptions, financial models, sensitivity analyses, impact assessments and risk-related material.
I request that the Trust reconsider whether these underlying documents are themselves intended for publication, as information used to inform a future publication is not automatically exempt under section 22 merely because it contributes to a document that will be published at a later date.
Clinical Risk Assessments and Supporting Documentation
In response to Question 5, the Trust states that clinical risk assessments are currently being completed.
If risk assessment work is already underway, I would be grateful if the Trust could clarify whether any of the following are currently held:
- Draft clinical risk assessments.
- Preliminary risk registers.
- Workshop outputs.
- Hazard logs.
- Quality Impact Assessment drafts.
- Equality Impact Assessment drafts.
- Any interim risk documentation relating to pathology reconfiguration.
If such documents are held, I request that the Trust reconsider whether they can be disclosed, subject to any necessary redactions.
Application of Section 43(2) - Commercial Interests
I would ask that the Trust reviews the application of section 43(2).
The refusal notice refers generally to commercial prejudice arising from disclosure but does not clearly identify:
- The specific commercial interests that would be prejudiced.
- Which parties' commercial interests are affected.
- How disclosure of the redacted information would create the claimed prejudice.
- Why that prejudice is considered likely.
I also note that the public interest test refers to "proposed arrangements for Gadeon House". As my request concerns pathology reconfiguration, this reference appears unrelated to the subject matter of the request.
I would be grateful if the Trust could confirm whether the public interest assessment was specifically undertaken for the pathology information withheld under this request and whether the reference to Gadeon House was included in error.
Response to Question 3 - Activity and Demand Data
My request sought the underlying datasets used in planning and modelling, including test volumes, workload classifications, demand patterns and referral flows.
The response instead directs me to Model Hospital benchmarking information.
While Model Hospital may have informed the analysis, it does not answer whether local operational datasets were also used.
Please clarify:
- Whether local Torbay pathology activity datasets were used in developing the business case.
- Whether local workload, referral, transport, demand or utilisation datasets are held.
- If held, whether these datasets can be disclosed in whole or in part.
Application of Section 12 - Governance Records
The Trust has refused Question 7 on the basis that compliance would exceed the appropriate cost limit.
However, the response does not explain the estimate relied upon in reaching that conclusion.
I would therefore request that the Trust provide:
- The estimated number of records considered.
- The estimated hours attributed to locating, retrieving and extracting the information.
- The basis on which the section 12 estimate was calculated.
In addition, Trust Board papers are routinely published and indexed. It is therefore unclear why identifying pathology-related Board papers would necessarily exceed the cost limit.
I would ask the Trust to consider whether partial disclosure or a narrower search could reasonably have been undertaken.
Application of Section 12 - External Correspondence
Similarly, Question 8 was refused under section 12.
I would ask the Trust to reconsider whether a more targeted search could be conducted, particularly given that pathology reconfiguration is a defined programme of work.
Section 16 Duty to Provide Advice and Assistance
Finally, I ask that the review consider whether the Trust has fully complied with its duty under section 16 of the Act.
Whilst the response suggests narrowing the scope of Questions 7 and 8, the advice provided is relatively general and does not identify what information may be available within the cost limit.
I would welcome more specific guidance as to how the requests could be refined so that meaningful information can be disclosed.
Given the significant public interest in pathology reconfiguration, including potential impacts on emergency care, critical care, maternity services, surgery, workforce arrangements and public expenditure, I believe there is a strong case for maximum transparency regarding the evidence base informing these proposals.
Clearly these requests will form the basis if this matter later proceeds to the Information Commissioner's Office.
I look forward to the outcome of the internal review.
Yours sincerely,
Ms Colley
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
To: Joe Teape (Trust CEO), Chris (Chair), Martin, Phil Keeling, Torre, Nicole, Sally, Mark
Subject: Freedom of Information Act 2000 Request - Pathology Reconfiguration - Torbay and South Devon (Forensic Request)
Date: 27 April 2026, 21:37
Good evening
I am writing to request detailed information under the Freedom of Information Act 2000 regarding any actual or proposed reconfiguration of pathology services affecting Torbay Hospital and the wider Torbay and South Devon system.
This request specifically seeks recorded information, underlying datasets, modelling outputs, and formal governance materials, not summaries.
1. Formal Programme and Business Case Documentation
Please provide:
- a) Any Strategic Outline Case (SOC), Outline Business Case (OBC), or Full Business Case (FBC) relating to pathology service reconfiguration, consolidation, or networking involving Torbay.
- b) Any programme documentation produced under or aligned with the One Devon Programme that references pathology services.
- c) Any options appraisal documents (including longlists/shortlists), including scoring matrices, weighting criteria, and ranking outputs.
2. Explicit Plans for Service Relocation or Consolidation
Please provide all recorded information that confirms, discusses, or models:
- The potential or planned transfer of pathology activity from Torbay to:
- University Hospitals Plymouth NHS Trust (Derriford)
- Royal Devon University Healthcare NHS Foundation Trust (Exeter)
- Any "hub" laboratory designation(s) within Devon
- The proposed or assumed role of Torbay as an Essential Service Laboratory (ESL) or otherwise
This should include scenario modelling where Torbay activity is split across more than one receiving site.
3. Underlying Activity and Demand Data (Raw Where Held)
Please provide the actual datasets (not summaries) used in planning and modelling, including:
- Test volumes by discipline (biochemistry, haematology, microbiology, histopathology, etc.)
- Classification of workload into "hot" (urgent) vs "cold" (routine) activity
- Time-stamped demand data sufficient to understand diurnal variation and peak demand
- Referral patterns and inter-site sample flows
If full datasets cannot be disclosed due to size, please provide extracts sufficient to demonstrate structure and analytical use.
4. Modelling, Assumptions, and Outputs
Please provide:
- a) All financial models (including spreadsheets) used to estimate:
- Cost per test before and after reconfiguration
- Workforce changes and skill-mix assumptions
- Capital investment requirements (automation, estate, logistics)
- Net present value (NPV), internal rate of return (IRR), or equivalent metrics
- b) All operational models, including:
- Turnaround time modelling (baseline vs proposed)
- Sample transport/logistics modelling (including assumed transit times and failure rates)
- Capacity modelling for any proposed hub site(s)
- c) The explicit assumptions underpinning these models (e.g. % automation, staffing ratios, courier frequency, failure tolerances).
- d) Sensitivity analyses, scenario testing, or downside risk modelling.
5. Clinical Risk and Impact Evidence
Please provide:
- Clinical risk assessments relating to loss or reduction of on-site services at Torbay
- Impact assessments for A&E, ICU, maternity, and surgical pathways
- Any modelling of delayed turnaround times and associated clinical risk
- Equality Impact Assessments (EqIA) and Quality Impact Assessments (QIA)
6. Carter-Based Efficiency Claims
In relation to the Carter recommendations and the "hub and spoke" model:
- All local analyses estimating efficiency savings attributable to pathology networking
- Any post-implementation reviews, benefits realisation reports, or variance analyses
- Evidence demonstrating whether projected savings have been achieved, are on track, or have not materialised
7. Governance, Decision-Making, and Assurance
Please provide full minutes, board papers, and appendices (not summaries) from:
- Trust Board meetings
- Finance and Investment Committees
- Quality / Clinical Governance Committees
- Any Pathology Programme Boards or Network Boards
where pathology reconfiguration has been discussed (from 2018 to present).
Please include:
- Decision logs
- Highlight reports
- Risk registers (including programme risks relating to pathology reconfiguration)
8. External Direction, Correspondence, and Challenge
Please provide:
- Correspondence with NHS England and NHS Devon Integrated Care Board relating to pathology consolidation
- Any instructions, targets, or directives tied to Carter implementation
- Any independent reviews, gateway reviews, or external assurance reports
9. Commercial Sensitivity and Public Interest
If you consider any information exempt under Section 43 (commercial interests) or Section 36 (prejudice to effective conduct), please:
- Apply exemptions narrowly to specific redacted elements rather than whole documents
- Provide the remainder of the material
- Include the full public interest test justification
Given the significant implications for patient safety, access to urgent diagnostics, and public expenditure, there is a strong public interest in disclosure of the underlying evidence base.
10. Format of Response
I request that:
- Data and models are provided in their original electronic formats (e.g. Excel rather than PDF where held)
- Documents include appendices and embedded data where available
If any part of this request is held by another organisation, please transfer it as appropriate under Section 44 or advise accordingly.
Thank you please respond within 7 working days.
regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status:
The thread runs across three key stages:
- 27 April 2026 — Campaign forensic FOI submitted to Trust CEO Joe Teape and Chair Chris Balch with a campaign-stated 7-working-day deadline of 6 May 2026, timed to land before the public Board of Directors meeting on 7 May 2026 at which the histopathology relocation decision was confirmed. The statutory FOIA deadline was 26 May 2026.
- 27 May 2026 — Trust final response, applying layered exemptions across the ten request areas. The Trust has admitted it does not hold Carter-based efficiency analyses (Question 6) and that clinical risk assessments are still being completed (Question 5). Section 22 (future publication) is used for the FBC and underlying material. Section 12 (cost limit) is used for the full governance trail and external correspondence. Section 43(2) and Section 40(2) are applied as redactions in Question 2 with public interest reasoning that refers to "proposed arrangements for Gadeon House" (a different programme of work).
- 6 June 2026 — Campaign internal review request submitted, challenging each exemption and asking for specific procedural information: the anticipated publication date for Section 22, the basis of the Section 12 cost estimates, the specific commercial interests engaged by Section 43(2), and whether draft clinical risk documentation is held.
Where the request stands: The Trust has provided some information but applied a complex pattern of exemptions across most of the request. The internal review is now underway. If the Trust upholds the refusals, the Heart Campaign has stated this matter will be escalated to the Information Commissioner's Office.
Responses Received
What the ICB has confirmed:
- The Joint Committee on 26 March 2026 decided to bring the cardiology case for change into the five-year commissioning plan and neighbourhood health model
- The case for change programme will not be progressed as a standalone programme at this time
- There are no plans to change where cardiology services are delivered "right now"
- The ICB states it will keep local people, staff and stakeholders informed as plans develop
- A new "lived experience group" is being created for people with long-term conditions including heart conditions
What the ICB has not confirmed:
- That the threat to Torbay's cardiac services is permanently withdrawn
- Any commitment to maintain emergency cardiac services at Torbay Hospital beyond the immediate term
- How the five-year commissioning plan will treat cardiology service configuration across Devon
- What triggered the decision to absorb the programme rather than progress it - whether this was a response to campaign pressure, financial pressures, or other factors
From: NHS Devon Integrated Care Board, Freedom of Information Office
To: Susie Colley, Chair
Date: 8 April 2026
Re: FOINHSD26/1566 and FOINHSD25/1493
Thank you for your request under the Freedom of Information Act 2000.
NHS Devon Integrated Care Board (ICB) is confirming in accordance with Section (1)(a) of the Act, whether it holds the information requested and (b) is supplying it unless otherwise specified.
Please see below the most up to date information held in response to your Freedom of Information requests, FOINHSD26/1566 and FOINHSD25/1493.
At our Joint Committee on 26 March 2026, we decided to bring the case for change for cardiology and cardiovascular services into our wider health and care planning as part of our five-year commissioning plan and the neighbourhood health model.
We will not progress the case for change programme at this time.
Over the past year we have seen real improvements in access, performance and prevention. With the NHS Long Term Plan, the Devon health and care strategy and our commissioning five-year plan now in place, our focus is on delivering these system-wide priorities.
This allows us to look at the whole picture - how we prevent heart and wider health problems, diagnose them earlier, and support people closer to home.
Taking this joined-up approach will help ensure services continue to meet the needs of our communities in the future.
We know people care deeply about their local heart services. There are no plans to change where cardiology services are delivered right now.
We are committed to keeping local people, staff and stakeholders informed and involved as our plans develop.
Yours sincerely,
Libby Ryan-Davies
Chief Strategic Planning and Commissioning Officer
NHS Devon
This statement, included by the ICB in the response as context, was made six days before the Joint Committee decision of 26 March 2026.
"Next week, our board will be asked to consider a recommendation to bring the case for change for cardiology and cardiovascular services into our wider health and care planning, including our five-year commissioning plan and the neighbourhood health model we are beginning to implement.
"This would allow us to look at the whole picture - how we prevent heart and wider health problems, diagnose them earlier, and support people closer to home, alongside the care provided in hospital.
"Taking this joined-up approach will help ensure services are sustainable for the future and continue to meet the needs of our communities.
"We know people care deeply about their local heart services, so we want to be clear about what's being proposed. No decisions have been made at this stage, and there are no plans to change where cardiology services are delivered right now.
"We are committed to keeping local people, staff and stakeholders informed and involved as our plans develop."
Also included by the ICB in the response. Signed by Libby Ryan-Davies as Chief Strategic Planning and Commissioning Officer.
The letter confirmed the ICB was finalising plans to develop future pathways for cardiovascular disease, cardiology and cardiac surgery services across Devon, with a draft case for change planned for wider patient and public engagement between January and March 2026. That engagement did not proceed on the originally stated timetable.
The letter stated explicitly: "The draft case for change does not contain any proposals for 'change' or 'closure', and a case for change doesn't automatically lead to service changes for NHS services." The campaign noted at the time that this framing was not consistent with the content of the proposals that had already been shared with clinicians and MPs.
The letter committed to sharing the updated case for change with local authority Overview and Scrutiny Committees, the Heart Campaign and wider stakeholders before a clinical validation exercise led by the NHS Devon Chief Medical Officer. Neither the wider sharing nor the clinical validation exercise had taken place before the programme was absorbed into the five-year plan.
Status: Response received 8 April 2026. The ICB has formally confirmed it will not progress the case for change as a standalone programme, following a Joint Committee decision on 26 March 2026. The programme has been absorbed into the five-year commissioning plan and neighbourhood health model. However, the response uses qualified language throughout ("at this time", "right now") and does not provide any long-term assurance about Torbay's cardiac services. This response also covers FOINHSD25/1493 (Case for Change timeline and SRO absence) - see that card for background. The Internal Review challenge submitted 9 December 2025 on FOINHSD25/1493 was never answered on its merits.
Download ICB Response Letter (PDF)Requested waiting times for cardiac procedures carried out at RDE from 1 July 2025.
Outcome: NHS Devon does not hold this information. Request referred to RDE (see RDF3688-25).
Download Document (PDF)Asked where cardiac services finances go and whether there is money available to refurbish catheterization laboratories.
Key finding: Funds held in central budget. Expenditure budgets aim to cover costs of activity less any agreed efficiency targets.
- October 2025: Trust CEO stated funding was "earmarked" pending approval in January, implying ICB involvement
- September-October 2025: NHS Devon ICB confirmed they received no request from Torbay
- 20 January 2026: Formal challenges submitted to both organisations
- Before 26 Jan 2026: Trust confirmed business case being updated, but no timescales provided
- 26 January 2026: Campaign responded highlighting staff retention crisis - delay risks clinician exodus and de facto closure by attrition
- 26 January 2026: Partnership offer made offering fundraising support
- 29 January 2026: HVAC failure risk escalated - immediate threat to cath lab capacity
- 3 February 2026: Formal structured request sent with 7-day deadline for funding position, timeline, and costs
- 16 February 2026: Trust CEO responded confirming funding and timeline
- 8-9 March 2026: CRITICAL - Both cath labs failed over the weekend
- 7 March 2026: Escalated to Trust CEO requesting incident details
- 10 March 2026: Escalated to Medical Director (CEO on leave) - Specific patient case documented: Patient from Teignmouth requiring urgent cardiac intervention - Torbay requested RDE transfer, RDE declined, patient sent to Derriford Plymouth instead
- 10 March 2026: Five urgent questions raised about contingency arrangements, transfer protocols, and incident review
- 12 March 2026: Trust Deputy CEO responded via Comms - confirmed both labs failed, admitted SOPs for diverts were inadequate, committed to strengthening cross-site protocols. Did not address the specific patient case or RDE refusal allegation.
The Contradiction:
- Trust CEO (17 October 2025): Provisional sum earmarked in draft capital programme, approval expected January. Implied ICB involvement in funding.
- ICB Acting CEO: "NHS Devon is not aware of a request received from Torbay and South Devon NHS Foundation Trust to approve funding to refurbish two cath labs"
- Trust CEO (before 26 Jan 2026): Confirmed business case being updated for capital funding
- Trust CEO (16 Feb 2026): Funding confirmed through Trust capital programme. National bid unsuccessful. 18-month timeline to completion.
- ACTUAL OUTCOME (8-10 March 2026): Both cath labs failed over weekend. Patient from Teignmouth requiring urgent cardiac intervention - Torbay requested RDE transfer, RDE declined, patient sent to Derriford Plymouth instead. All warnings proven correct. Concrete evidence of patient harm from longer travel times.
- Trust incident response (12 March 2026): Trust states RDE "offered support" - directly contradicting the documented patient case. Two formal FOIs now submitted to establish the factual record (RDF4139-26 and divert log request).
Critical Risks Identified:
- Staff retention: Prolonged uncertainty risks exodus of experienced cardiologists. Once lost, expertise cannot be replaced - predetermining service closure by attrition. "ICB may win by default."
- HVAC failure: Shared air-conditioning system at risk of near-term failure. Would cause sudden total loss of cath lab capacity affecting both Torbay and RDE patients, with >£600k annual income loss. UPDATE 7 MARCH 2026: BOTH CATH LABS HAVE FAILED.
- Manufacturer support ends June 2026: Cannot guarantee repairs from June 2026. Creates 15-month uncertainty window before replacement completed September 2027.
- System resilience breakdown: RDE allegedly declined to provide support during Torbay's cath lab failure despite regularly receiving assistance from Torbay when RDE labs are over capacity.
Good evening Mr Teape
I am writing to formally challenge the current lack of clarity regarding the funding position for the cardiac catheter laboratory refurbishment.
In the email dated the 17th October 2025, you stated that a provisional sum had been earmarked within the Trust's draft capital programme and that approval was expected in January. We are now well beyond that point, yet no definitive confirmation has been provided.
Furthermore, in an email from the Acting CEO/Chief Strategic Commissioning and Planning Officer (the Integrated Care Board) Ms Ryan-Davies confirming "that NHS Devon is not aware of a request received from Torbay and South Devon NHS Foundation Trust to approve funding to refurbish two cath labs". This directly contradicts the implication that external approval or funding was required. In the absence of any such request, it is reasonable to conclude that either the Trust has not pursued the refurbishment despite having funding available, or that the position previously set out was inaccurate.
This situation is unacceptable, particularly given the clinical significance of the cardiac catheter laboratory and the need for transparency in capital decision-making.
I therefore require a clear and unequivocal response to the following:
- Has the Trust's capital programme been formally approved, and if so, on what date?
- Is funding for the cardiac catheter laboratory refurbishment approved within that programme?
- If funding is not approved, please explain precisely why, and confirm whether any request has been made to the ICB.
- If no request has been made, please explain the rationale for that decision.
- If funding is approved, what is the confirmed allocation and delivery timetable?
If a clear position cannot be provided, please advise what steps are now being taken to resolve the discrepancy between the Trust's statements and the ICB's position, and when a definitive decision will be communicated.
Given the seriousness of this matter, I would expect a direct and timely response addressing each point above.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Hi Steven
Sorry to bother you again but would it be possible for you to get back to me re the answers from LRD before our next meeting on Monday 26th.
As discussed on the 12th January we are seeking urgent clarification regarding the funding position for the cardiac catheter laboratory refurbishment at Torbay Hospital.
I understood from Mr Teape in October 2025 that the ICB may be involved in funding the refurbishment. However, I have now been advised that the ICB is not aware of any capital funding request from the Trust in relation to this scheme. This sits in direct contrast to the position communicated by the Trust, which stated in October that a provisional sum had been earmarked within its draft capital programme, with approval expected in January.
As matters stand, there is no clear or consistent account of where responsibility for this decision lies, nor whether funding is available, requested, or withheld. This lack of transparency has led to significant concern locally.
I should also make you aware that a major public demonstration is now being planned as part of a campaign to obtain clear answers from the ICB and the Trust. A meeting is scheduled with the Police to plan how this can be done in a peaceful and safe manner. The purpose of this campaign is not to generate conflict, but to bring common sense and transparency to the table and to avoid further unnecessary and damaging publicity for the NHS locally.
Before matters escalate further, I am therefore requesting a clear and definitive response from the ICB addressing the following:
- Has the ICB received any formal or informal request from Torbay Hospital NHS Trust for capital funding for the cardiac catheter laboratory refurbishment?
- If no request has been received, does the ICB consider that the Trust has the ability to fund this scheme from its own approved capital resources?
- If a request is required, what specific information is outstanding and what steps are necessary to enable a decision to be made?
- What action is the ICB now taking to resolve the conflicting positions being communicated publicly?
A clear response at this stage would be a constructive step towards resolving this issue and could help prevent further escalation and reputational damage.
Given the circumstances, I would appreciate a prompt and direct reply.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Good evening Mr Teape
Thank you for your response confirming that teams are updating the business case in relation to capital funding for the cardiac catheter laboratories.
While we appreciate that this work is ongoing, I am writing to express serious concern about the impact that continued uncertainty is having on staff morale and retention within the cardiology service.
There is a growing and very real risk that prolonged delay, without clear timescales or reassurance about the Trust's commitment to maintaining cardiology services at Torbay, will result in the loss of experienced cardiologists and specialist staff. Once lost, this expertise will be extremely difficult to replace and would, in effect, predetermine the outcome of any future decision-making — regardless of the eventual conclusions of the business case.
In other words, if clinicians leave due to uncertainty and deteriorating morale, the ICB may "win" by default, not through a considered, evidence-based process, but through attrition. That outcome would be deeply damaging for staff, patients, and public confidence.
In this context, may I ask:
- When the updated business case for capital funding is expected to be completed and reviewed;
- Whether interim assurances can be given to cardiology staff regarding the Trust's intention to retain and support the service at Torbay; and
- What steps are being taken now to stabilise morale and prevent the loss of key clinical personnel while system-level decisions remain unresolved.
The Heart Campaign remains keen to work constructively with the Trust, but time is now a critical factor. Delay carries tangible risks that cannot be remedied retrospectively.
I would welcome an early update and, if possible, a meeting to discuss how these risks can be mitigated in the immediate term.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Dear Mr Teape,
I am writing on behalf of the Heart Campaign to follow up on an issue that is central to the future of cardiology services at Torbay Hospital.
We have not yet received an update on whether the Trust has secured, or identified, the necessary capital funding to refurbish the cardiac catheter laboratories. As you will appreciate, the condition and viability of the cath labs are clearly integral to the continuation of local cardiology services and to maintaining safe, effective patient care.
In the interests of transparency and mutual collaboration, we would welcome clarity on:
- Whether funding for cath lab refurbishment has been identified within the Trust or wider system; and
- If not, whether alternative options are being actively explored.
The Heart Campaign is keen to work constructively with the Trust. If the primary barrier to refurbishment is access to capital funding, we would be willing to explore whether the campaign could play a role in supporting or contributing to fundraising efforts, subject of course to understanding the scale, scope, and feasibility of what would be required.
We raise this not as a challenge, but in a genuine spirit of partnership, recognising the shared objective of safeguarding high-quality cardiology services for the Torbay population.
We would appreciate an update at your convenience and would welcome the opportunity for further discussion if helpful.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
To: Joe Teape (Trust CEO), Libby Ryan-Davies (ICB Deputy CEO)
CC: Martin Wrigley MP
Importance: High
Good Afternoon
Thank you for confirming the intention to proceed with refurbishment of the cath labs.
I need to formally flag that the current condition of the Cath labs represents an immediate and escalating clinical risk.
While the Cath labs can be refurbished independently, the air-conditioning system is shared across the Hetherington block. A safe and sustainable solution requires a single, coordinated HVAC refurbishment to support both cath labs.
Senior cardiologists advise that failure of the existing HVAC system is a realistic near-term risk. If this occurs, there is a credible risk of sudden loss of cath lab capacity, rather than a controlled or phased degradation. This would have significant impact on urgent and elective cardiac services.
In this context, a two-year delivery timeframe is not clinically viable without either accelerated delivery of the shared HVAC works or robust interim mitigation.
For assurance on patient safety and service continuity, clarity is urgently required on:
- Interim mitigation or contingency arrangements should the shared HVAC system fail
- Whether the Hetherington block HVAC works can be prioritised or fast-tracked
- Confirmation of approved capital funding, scope, and senior responsible ownership
- How this risk is being formally recorded and reviewed through executive and Board governance
Lastly, if the Cath labs fail then neither NDD Hospital patients or RDE could be treated and hence the Trust could lose a significant income (currently >£600k).
Consequently there is substantial evidence to support both a clinical and economic argument to refurbish now.
Given the potential for unplanned service failure, I recommend this is reviewed as a matter of urgency at executive and Board level.
I am available to discuss at short notice.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
To: Joe Teape (Trust CEO), Libby Ryan-Davies (ICB Deputy CEO), J. Govett
Subject: Urgent: Cath Lab Replacement - Funding Position, Timeline and System Risk
Deadline: 16 February 2026 (7 working days)
Good evening Mr Teape, Ms Ryan-Davies, Mr J.Govett.
Further to my email of 29 January and my discussion with Mr J Teape yesterday, the 4th Feb, I am writing in my capacity as Chair of the Heart Campaign and on behalf of the Torbay business community through the Chamber of Commerce.
The purpose of this email is to request clarity on the replacement of the Torbay Hospital cardiac catheter laboratories, and specifically:
- Whether a funded replacement programme is in place
- The timescale for delivery
- The level of clinical and system risk should the current labs fail or become unavailable
As you will appreciate, this is not simply an internal equipment issue. If Torbay were to lose cath lab capacity, the wider catchment would face increased time-to-definitive treatment for acute cardiac events, with inevitable impact on outcomes. This is a system resilience and patient safety issue, not just a local operational concern.
To enable constructive support locally, could you please provide the following in writing within the next 7 working days (16th February):
A) Replacement plan and timeline
- Confirmation of the Trust's intended plan for cath lab replacement (one lab / both labs)
- The current timeline and key milestones
- Any contingency plan should one lab fail before replacement is completed
B) Capital requirement
- The total estimated capital cost for the replacement programme (headline figure)
- Whether this includes enabling works, installation, commissioning and any associated estates works
C) Funding position
- The amount of funding already secured
- The current funding gap (if any)
- Whether this scheme is in the ICB capital programme and/or submitted for national capital funding
If the Trust and ICB are not currently able to confirm the above, then I would be grateful for a clear statement of what information is outstanding and when it will be available.
Given the potential patient safety implications, I would appreciate a response by 16th February 2026. [7 working days from today].
Once we have the confirmed position and the headline figures, we can consider what support the local community and business sector may be able to offer in terms of advocacy and assistance in unlocking the appropriate funding routes.
regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
From: Joe Teape (Chief Executive)
Date: 16 February 2026
for replacement
date
risk level
guaranteed repairs
Funding Confirmed:
- Programme funded through Trust core capital programme for 2026/27 and 2027/28
- Total cost: Approximately £5.7m (includes new air handling, installation, commissioning, estates works)
- Budget context: £14.3m total capital for entire organisation - cath labs represent 40% of Trust's capital budget
- National funding bid FAILED: Estates Safety Fund 2026-2031 bid unsuccessful "due to high demand"
- Other priorities competing for capital: Cancer aseptic pharmacy (essential for chemotherapy), LINACs (radiotherapy), diagnostic equipment
Timeline:
- Design phase: Starting shortly, minimum 6 months legally and clinically required for safety-critical facilities
- Design completion: September 2026
- Full replacement: September 2027 (18 months from now)
- Subject to: Ratification through internal governance process
Risk Level - Trust Confirms HIGH:
"The level of risk is high, which is why replacing both cardiac catheter labs has been prioritised within our capital programme."
Critical Warning - Manufacturer Support Ends June 2026:
- Manufacturer has notified Trust they cannot guarantee repair support from June 2026
- Equipment will not automatically "stop working or become unsafe" at that point
- But repairs "may still be possible but cannot be guaranteed"
- This "increases the level of uncertainty over time"
Contingency Plans:
- Trust has experienced failures in past - team acted quickly to rectify and maintain service
- Developing strengthened mitigations through governance routes
- Working with manufacturer to understand different fixes for different failure scenarios
- Reviewing internal escalation plans
- Assessing how to maintain safe service if one lab unavailable
- Mobile unit under consideration if both labs fail simultaneously (though unlikely)
- Financial contingency built into capital programme
System-Wide Impact Acknowledged:
"We fully recognise the important role the labs play in supporting the wider system. Any sustained loss of capacity would have a direct impact on patient flows, pathways and system performance."
Key Constraint - National CDEL Cap:
Trust explains Capital Departmental Expenditure Limit (CDEL) is the national cap on NHS capital spending. Every capital pound counts towards this single national limit. "The NHS is legally required not to exceed this limit." Even if a trust has cash or can borrow, spending still counts towards CDEL and may not be permitted if national limit is close to being breached.
To: Joe Teape (Trust CEO), Libby Ryan-Davies (ICB Deputy CEO)
Date: 7 March 2026
Good evening Mr Teape,
I am writing to request immediate clarification regarding a serious matter that has been brought to my attention concerning the recent failure of both cardiac catheterisation labs at Torbay Hospital.
I have been informed that, during this incident, the Royal Devon and Exeter Hospital declined to provide support to Torbay's cardiology service. This is particularly troubling given that RDE reportedly requests - and receives - regular assistance from Torbay when their own cath labs are over capacity and patients require urgent treatment.
If accurate, this raises significant concerns about patient safety, inter-hospital cooperation, and the wider operational resilience of cardiology services across our region - especially since Torbay's cath labs are considered "terminal" and in need of replacement.
To understand the gravity and implications of this situation, I request confirmation of the following:
- Whether this event occurred as described
- The date and time of the incident
- How many patients were affected
- What actions were taken to manage patient care
- The clinical outcomes for those patients
- The reasoning provided by RDE for declining assistance, if applicable
This information is essential for reassurance that appropriate protocols were followed and that patient welfare was not compromised. I would appreciate a prompt and transparent response.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Governor of Torbay Hospital
To: Chris Balch (Medical Director), Joe Teape (Trust CEO)
CC: Steve Darling MP, David Thomas (Torbay Council), Steve Race MP, Steven Clark (NHS Devon ICB)
Date: 10 March 2026 18:21
Good evening Mr Balch
I am writing to you as a matter of urgency regarding concerns raised over the weekend about the availability of emergency cardiology services at Torbay Hospital.
I wrote to the Chief Executive on Saturday but understand he is currently on annual leave and given the seriousness of the situation I felt it appropriate to bring this directly to your attention.
We have received reports that a patient from Teignmouth requiring urgent cardiac intervention was to be taken to Torbay Hospital over the weekend by ambulance, but this was not undertaken as both "cath" laboratories were not operational at the time. Allegedly, it has further been suggested that cardiology staff at Torbay sought to transfer the patient to the Royal Devon and Exeter Hospital but that this request was declined, resulting in the patient being transferred to Derriford Hospital in Plymouth.
As you will appreciate, this raises significant concerns regarding resilience in emergency cardiac services and the contingency arrangements in place when the catheter laboratories at Torbay are unavailable.
The HEART campaign has already highlighted ongoing concerns that the current cath lab equipment at Torbay is ageing and increasingly unreliable. We understand the laboratories have been described as effectively "terminal" and prone to breakdowns, which is why discussions have been taking place about the urgent need for replacement facilities.
Considering the reported incident this weekend, I would be grateful if the Trust could urgently clarify:
- whether both catheter laboratories at Torbay Hospital were unavailable at the time
- what contingency arrangements are in place when the labs are not operational
- whether a request was made to transfer the patient to the Royal Devon and Exeter Hospital
- who is responsible for accepting or declining such transfers within the regional cardiac network
- whether any review of the incident is now taking place
While we fully respect patient confidentiality, reassurance regarding the resilience of emergency cardiac services at Torbay Hospital is clearly in the public interest.
Given the level of concern locally, I would appreciate a response at the earliest opportunity.
regards,
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Elected Governor of Torbay Hospital
From: Jane Harris, Associate Director of Communications and Partnerships (on behalf of Adel Jones, Deputy CEO and Chief Operating Officer)
To: Susie Colley (Heart Campaign Chair)
CC: Steve Darling MP, Martin Wrigley MP, Steve Race MP
Date: 12 March 2026, 17:17
Dear Ms Colley
Thank you for taking the time to write and for setting out your concerns so clearly. I recognise the important role you play in advocating for people with heart conditions and I understand why any suggestion of disruption to local cardiology services would be concerning.
Both of Torbay Hospital's cardiac catheterisation labs did experience a short, unplanned outage recently due to technical issues. These issues have since been resolved and services are currently operating as normal.
During the period of disruption, cardiology clinical teams worked together across Devon to agree appropriate support arrangements, in line with established clinical protocols. However having reviewed the incident carefully, we have identified a need to strengthen the standard operating procedures for cardiology diverts with the senior management teams to ensure that cross-site support across Devon is improved and I have agreed with Chief Executives across Devon that I will take this forward at pace.
Both University Hospitals Plymouth NHS Trust and Royal Devon University Healthcare NHS Foundation Trust offered support as part of these arrangements over the weekend period. I can confirm that no patient was left without appropriate clinical oversight or escalation.
Thank you again for raising these concerns. We value constructive engagement with patient representatives and campaign groups, and we remain committed to working closely with partners to ensure safe, resilient cardiology services for our population.
Yours sincerely
Adel Jones
Deputy Chief Executive and Chief Operating Officer
Torbay and South Devon NHS Trust
- How long "short" actually was - the duration of the outage is not stated
- Whether PPCI was available to Torbay catchment patients during the outage window
- What happened to the specific patient from Teignmouth documented in accordion 9 - the response does not address the alleged RDE refusal or the Plymouth transfer
- "Appropriate clinical oversight or escalation" is not confirmation that emergency cardiac intervention was accessible
- Why the Comms Director responded on behalf of the Deputy CEO, to emails addressed to the CEO and Chair - neither Joe Teape nor Prof Chris Balch responded directly
Status: Trust Deputy CEO (Adel Jones) responded 12 March 2026, confirming both cath labs simultaneously failed over the weekend of 8-9 March due to unplanned technical issues and are now restored. Trust acknowledged existing SOPs for managing cath lab diverts were inadequate and has committed to strengthening cross-site protocols "at pace." However, the response does not confirm the duration of the outage, whether PPCI was available to Torbay catchment patients during the window, or the clinical outcome for the patient documented in accordion 9 (transferred to Plymouth after RDE declined). Response sent by Comms Director Jane Harris on behalf of Adel Jones - neither Trust CEO Joe Teape nor Chair Prof Chris Balch responded directly to emails addressed to them. Two formal FOIs now submitted to establish the factual record: RDF4139-26 (transfer handling, four organisations) and a divert log request (three organisations), both due 14 April 2026. £5.7m replacement programme confirmed (16 Feb) but completion not until September 2027. Manufacturer support ends June 2026.
Download Original FOI Response (PDF)for "next steps"
for SRO details
(original or revised)
What we asked for:
- Information about the SRO's "temporary unplanned absence"
- Original and revised timelines for the Case for Change
- Internal risk assessments mentioning delays
- Confirmation of interim SRO arrangements
What NHS Devon revealed (8 December 2025):
- NHS Devon confirmed it holds part of the requested information
- Next steps to be considered at 29 January 2026 Board meeting
- Refused to provide SRO absence details citing Section 40(2) (personal information)
- Did not confirm whether documented timelines exist
Status: Initial response received 5 December 2025 (clarified 8 December). Internal Review submitted 9 December 2025. The Internal Review was never answered on its merits. On 8 April 2026, the ICB issued a combined response to FOINHSD25/1493 and FOINHSD26/1566 confirming the case for change programme will not be progressed at this time, following a Joint Committee decision on 26 March 2026. The specific questions about programme timelines and the SRO absence remain unanswered. See FOINHSD26/1566 for the full text of the ICB's 8 April response.
Download Original Response (PDF) Download Internal Review Request (PDF)Jan 2023 - Oct 2025
cardiologists
to Torbay since Oct 2023
This request sought information about cath lab capacity and utilization rates, weekend elective cardiology procedures, consultant staffing levels, and patient transfers between RDE and other hospitals.
Key finding: RDE cath labs are "fully utilised during weekdays" - they are running weekend sessions to manage demand.
Download Document (PDF)What Was Requested:
- Commissioning Authority - Which NHS organisation commissioned Edge Health; who initiated or requested the modelling
- Scope and Purpose - Which hospitals and specialties were included; explicit confirmation whether cardiology was modelled
- Timescales - When work was conducted; forecast period covered
- Outputs and Deliverables - Reports, forecasts, capacity models, presentations produced
- Contract and Costs - Contract date, value, reference number, procurement method
- Governance and Oversight - Which boards reviewed findings; minutes, papers, summaries
NHS England's Response (17 November 2025):
"NHS England does not hold this information."
NHS England explicitly directed the request to:
NHS Devon Integrated Care Board - "responsible for the majority of NHS budget and services in Devon"
Status: Response received 17 November 2025. NHS England confirmed it does not hold information and explicitly directed request to NHS Devon ICB as the organisation "responsible for the majority of NHS budget and services in Devon." This triggered subsequent FOI requests to Devon ICB (FOINHSD25/1474, FOINHSD25/1520, and FOI-2510-2272157 NHSE:0679333).
Key Findings from SWASFT Response (26 January 2026):
- Zero thrombolysis capability in South Devon - medication only carried in Portland and Isles of Scilly
- No paramedic training for over 10 years - not part of current education programmes
- Zero administrations 2022-2025 - no crews have carried medication in South Devon
- No dedicated specialist ECG interpretation service - crews cannot routinely access cardiology advice
- RD&E has no advice line - only PPCI activation function available
- 75-minute threshold - SWASFT guidelines require critical care support if PPCI cannot be reached within 75 minutes (not 120)
The NICE Compliance Trap:
NICE guidelines (CG167 and NG185) are unequivocal: where primary PCI cannot be delivered within 120 minutes, prehospital thrombolysis MUST be available to prevent avoidable delays to reperfusion and reduce avoidable harm. Moving emergency cardiology from Torbay to Exeter creates a choice:
- Option 1: Expose patients to call-to-balloon times exceeding NICE thresholds = foreseeable and avoidable harm
- Option 2: Reintroduce prehospital thrombolysis = paramedic retraining, clinical governance, competency assessment, audit, significant cost and risk
The Diagnostic Uncertainty Problem:
Being taken to Torbay means borderline cases get expert cardiology eyes within ~15 minutes. Extending travel time to Exeter means diagnostic uncertainty persists for 43+ minutes. This directly contradicts the HSSIB findings that crews already struggle with borderline STEMI diagnosis.
For the attention of Ms Libby Ryan-Davies
Good evening Ms Ryan-Davies
I am writing further to confirmation from the ambulance service, in response to a query raised via the heart campaign, that pre-hospital thrombolysis is no longer provided by paramedics in this region, with the exception of the Isles of Scilly and Portland.
NICE guidance on acute coronary syndromes (including CG167 and NG185) is unequivocal that patients with ST-elevation myocardial infarction (STEMI) must receive reperfusion therapy within defined national time standards. NICE is also clear that where timely access to primary PCI cannot be achieved, pre-hospital thrombolysis should be available in order to prevent avoidable delays to reperfusion and reduce avoidable harm, including excess mortality and long-term cardiac damage.
Against this backdrop, I am seeking clarification on how the ICB has assured itself that the proposed merger of cardiology services between Torbay and Exeter would not result in foreseeable and avoidable harm to patients.
If service reconfiguration leads to call-to-balloon times that exceed NICE-recommended thresholds for patients in the Torbay catchment area, and no effective pre-hospital thrombolysis pathway is in place, this would represent a known and predictable failure to meet national standards of care. The clinical consequences of delayed reperfusion in STEMI are well established, and any resulting increase in morbidity or mortality would be both foreseeable and avoidable.
Can you therefore confirm:
- How the ICB has assured itself that the proposed service changes would not expose patients to increased risk of avoidable harm due to delayed reperfusion;
- Whether the absence of a pre-hospital thrombolysis pathway has been formally risk-assessed against NICE standards;
- Whether the potential need to reintroduce pre-hospital thrombolysis has been explicitly considered, costed, and incorporated into planning; and
- How accountability for any failure to meet NICE-recommended time standards has been addressed within the ICB's governance framework.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
FAO the Information Governance Team
Good evening
Thank you for clarifying that thrombolysis is no longer routinely practised, following the successful transition to PPCI.
In light of ongoing discussions about future cardiology provision at Torbay, I wanted to ask whether SWAST has had any engagement with the ICB regarding the potential implications for reperfusion pathways, including whether re-introduction of thrombolysis has been considered should access to timely PPCI change.
I would also be grateful to understand whether any preliminary consideration has been given to the training, clinical governance, and operational arrangements that would be required to support thrombolysis safely, noting NICE guidance on acute coronary syndromes (CG167 and NG185), which emphasises the importance of timely reperfusion via primary PCI, or thrombolysis where PPCI cannot be delivered within recommended timeframes.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
To: SWASFT Information Governance
CC: Joe Teape (Trust CEO), Libby Ryan-Davies (ICB Deputy CEO), Steven Clark (ICB), ICB Executive Office, Steve Darling MP
Subject: Query re thrombolysis provision and ambulance crew training (Torbay pathway resilience)
Dear Nicole
Further to your concise answers in your email of the 26.01.2026 would you be able to furnish us with additional information please?
My understanding is that ambulance crews are no longer licensed/authorised to administer thrombolysis to patients in Torbay Hospital catchment area. Given the time-critical nature of acute coronary syndromes, I would be grateful if you could confirm whether this is correct and, if so, the rationale and timeline for that change.
Current position
Can you confirm whether any ambulance clinicians in your service are currently able to administer thrombolysis in the prehospital setting within the Torbay Hospital catchment area?
Impact on heart attack care
- What is the current pathway for patients with suspected STEMI / time-critical heart attack when catheter lab access is delayed or unavailable?
- What mitigations are in place for patients in rural or remote areas where transport times are longer?
Planning and resilience
- Has the service, or the local ICB, considered the option of retraining crews (or a defined cohort of clinicians) to administer thrombolysis if required for system resilience?
- Has the ICB asked the ambulance service to explore this option as part of contingency planning?
Training, timeline, and cost
- How long it would take to retrain and sign off clinicians (or specialist teams)?
- How many staff would realistically need training to provide safe coverage?
- Who would be responsible for funding training, governance, and ongoing competency?
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and The Heart Campaign
Status: SWASFT response received 26 January. ICB challenged same day on NICE compliance and patient safety implications. Initial follow-up sent to SWASFT 27 January asking about ICB consultation. Comprehensive follow-up sent 5 February with detailed questions on current licensing/authorisation, rationale for change, STEMI pathways when cath lab delayed, rural area mitigations, whether ICB requested contingency planning, and retraining costs/timelines. Awaiting responses on whether contingency planning for thrombolysis reintroduction has been explored and what system resilience options exist if cardiac services change.
Download Original Request (PDF) Download SWASFT Response (PDF)Organisations requested to respond:
- Royal Devon University Healthcare NHS Foundation Trust (ref: RDF4140-26, acknowledged 13 March 2026, no substantive response yet)
- Torbay and South Devon NHS Foundation Trust (ref: TSD10426, response received 21 April 2026 - see below)
- South Western Ambulance Service NHS Foundation Trust (responsible for transport and clinical handover decisions, awaiting response)
Information requested:
- The full site-to-site divert log for the date of the outage, including:
- Timestamp of divert activation
- Units placed on divert
- Time the divert was lifted
- All attempted transfer requests
- Responses from each receiving hospital
- Notes or escalation actions
- Any SWAST clinical triage notes relating to the Teignmouth patient transfer on the same date, with personal identifiers removed
- Any cross-trust communications relating specifically to the acceptance or refusal of that patient
All answers requested with reference to official documented records, not narrative accounts.
Trust response details:
- Trust reference: TSD10426
- Response date: 21 April 2026, 12:53
- Signed by: Sarah Goss, Data Protection Lead
- Exemption applied: Section 40(2) FOIA, by virtue of Section 40(3)(a)(i)
- Reason given: "Disclosure would be likely to identify the individual concerned, breaching the first data protection principle"
- Public interest test: Not applied (Trust treats Section 40(2) as an absolute exemption)
Grounds for potential internal review challenge:
- The original request was specifically structured to separate operational records (divert log, transfer requests and responses, escalation actions) from any potentially identifying clinical information
- SWAST clinical triage notes were explicitly requested with personal identifiers removed, which is a redaction request rather than a request for identifiable data
- Section 40(2) cannot reasonably apply to timestamps of divert activation, units placed on divert, time the divert was lifted, or escalation pathway records that contain no personal data
- The Trust has not addressed each of the three items separately and has not provided a reasoned explanation of why partial disclosure is not possible
- The Trust has not engaged the duty under Section 16 (advice and assistance) to suggest how the request might be refined to enable partial disclosure
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: TSD10426 - FOI Final Response
Trust contact: foi.tsdft@nhs.net
Reference: TSD10426
Dear Susie,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested.
A copy of the information is below:
REQUEST
I am requesting the full divert log relating to the unplanned outage of Torbay Hospital's cardiac catheterisation laboratories.
Please provide:
- Torbay and South Devon FT (originating site)
- RD&E (potential receiving site)
- SWAST (responsible for transport and clinical handover decisions)
- The Site-to-Site Divert Log for the date of the outage, including:
- Timestamp of divert activation
- Units placed on divert
- Time the divert was lifted
- All attempted transfer requests
- Responses from each receiving hospital
- Notes or escalation actions
- Any SWAST clinical triage notes relating to the Teignmouth patient transfer on the same date, with personal identifiers removed
- Any cross-trust communications relating specifically to the acceptance or refusal of that patient
This information is vital to understanding the operational processes followed and ensuring transparency regarding emergency cardiac service provision.
Trust response:
We have carefully considered your request and have concluded that to disclose this information would be likely to identify the individual concerned, breaching the first data protection principle. We believe that it is likely that the information may exempt under section 40(2) of the Freedom of Information Act by virtue of section 40(3)(a)(i).
S40(2) is described as "Any information to which a request for information relates is also exempt information if -
(a) it constitutes personal data which do not fall within subsection (1) and
(b) either the first or the second condition below is satisfied
S40(3) provides that -
"The first condition is -
(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene -
(i) any of the data protection principles, or
(ii) Section 10 of that Act (right to prevent processing likely to cause damage and distress)
Section 1 of the Data Protection Act 1998 defines personal data as information which relates to a living individual who can be identified (a) from that data
This exemption is an absolute exemption that is not subject to the public interest test.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
If you are unhappy with the way in which we have handled your request, please contact the Data Protection and Freedom of Information Lead in the first instance. If you wish to make a formal complaint, you should write to our Complaints Manager at Torbay and South Devon NHS Foundation Trust, First Floor Bowyer Building, Torbay Hospital, Torquay TQ2 7AA.
If you are not content with the outcome of your complaint or the internal review, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner will only make a decision once you have exhausted the complaints and/or internal review process provided by us. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or through this link https://ico.org.uk/global/contact-us/
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
Belmont Court, Torbay Hospital, TQ2 7AA
Status: Torbay and South Devon NHS FT response received 21 April 2026 from Sarah Goss, Data Protection Lead, under reference TSD10426. The Trust has refused disclosure in full on Section 40(2) grounds, treating the entire request as personal data without distinguishing between the operational divert log and the clinical triage notes. The Trust's blanket exemption is a candidate for internal review on the grounds set out above. Substantive responses from RDE (under reference RDF4140-26) and SWASFT remain awaited as separate organisations not bound by this Trust response. SWASFT's response is likely to be particularly significant as the ambulance service holds dispatch and handover records that are independent of either hospital's account.
Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (ref: TSD10012)
Subject as logged by the Trust: "Frailty versus Cardiac Virtual wards comparison issues"
Status: Submitted 3 November 2025 to tsdft.foirequests@nhs.net. The Trust requested an extension on 2 November 2025, with a revised response date of 9 December 2025. Substantive response received 9 December 2025. Full response content to be added to this card when available.
Organisations requested to respond:
- Royal Devon University Healthcare NHS Foundation Trust (ref: RDF4139-26, acknowledged 13 March 2026, no substantive response yet)
- Torbay and South Devon NHS Foundation Trust (ref: TSD10425, response received 21 April 2026 - see below)
- South Western Ambulance Service NHS Foundation Trust (awaiting response)
- NHS Devon Integrated Care Board (awaiting response)
Information requested:
- Whether a transfer request was made for a patient from Teignmouth requiring emergency cardiology intervention during the outage, including the date and time of the request
- Whether that transfer request was declined by RDE, and if so the role (not name) of the individual who made the decision
- The clinical or operational rationale recorded for accepting or declining the transfer
- The escalation pathway followed, including internal clinical discussions, cross-trust communications, ICB involvement, and application of SOPs for emergency cardiology diverts
- Whether alternative receiving centres were contacted and the responses given by each
All answers requested with reference to the official incident log, divert record, and internal communications. No personal data requested.
Trust response details:
- Trust reference: TSD10425
- Response date: 21 April 2026, 12:48
- Signed by: Sarah Goss, Data Protection Lead
- Exemption applied: Section 40(2) FOIA, by virtue of Section 40(3)(a)(i)
- Reason given: "Disclosure would be likely to identify the individual concerned, breaching the first data protection principle"
- Public interest test: Not applied (Trust treats Section 40(2) as an absolute exemption)
Grounds for potential internal review challenge:
- Question 2 explicitly asked for the role of the decision-maker, not the name. Roles such as "on-call cardiologist", "executive on-call", or "bed manager" are organisational positions, not personal data. Section 40(2) cannot reasonably apply to position titles.
- Question 4 asked about escalation pathways, application of SOPs, and ICB involvement. These are organisational and procedural records, not personal data about an individual patient.
- Question 5 asked which alternative receiving centres were contacted and what responses were given. The names and responses of NHS Trusts are not personal data.
- The Trust has applied a blanket refusal across all five questions without distinguishing between elements that may engage Section 40(2) and elements that clearly do not.
- The Trust has not engaged the duty under Section 16 (advice and assistance) to suggest how the request might be refined to enable partial disclosure.
- This is the second blanket Section 40(2) refusal from the Trust on the same day for related requests (TSD10425 and TSD10426), suggesting a pattern rather than a request-by-request analysis.
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: TSD10425 - FOI - Final Response
Trust contact: foi.tsdft@nhs.net
Reference: TSD10425
Dear Susie,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested.
A copy of the information is below:
REQUEST
I am submitting this Freedom of Information request regarding the recent unplanned outage of the cardiac catheterisation laboratories at Torbay Hospital and the subsequent handling of emergency cardiology transfers.
Please provide the following information:
- Was a transfer request made for a patient from Teignmouth requiring emergency cardiology intervention during the outage? Please confirm the date and time of the request.
- Was this transfer request declined by the Royal Devon and Exeter Hospital (RD&E)? If yes, please specify the role not the name of the individual who made the decision, such as:
- On-call cardiologist
- On-call operational/flow manager
- Executive on-call
- Bed manager
- Any other relevant role
- Please provide the clinical or operational rationale recorded for accepting or declining the transfer.
- Please provide the escalation pathway followed, including any:
- internal clinical discussions
- cross-trust communications
- involvement of the ICB
- application of standard operating procedures for emergency cardiology diverts
- Please confirm whether any alternative receiving centres were contacted, and the responses given by each.
I request that all answers reference the official incident log, divert record, and internal communications.
Trust response:
We have carefully considered your request and have concluded that to disclose this information would be likely to identify the individual concerned, breaching the first data protection principle. We believe that it is likely that the information may exempt under section 40(2) of the Freedom of Information Act by virtue of section 40(3)(a)(i).
S40(2) is described as "Any information to which a request for information relates is also exempt information if -
(a) it constitutes personal data which do not fall within subsection (1) and
(b) either the first or the second condition below is satisfied
S40(3) provides that -
"The first condition is -
(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene -
(i) any of the data protection principles, or
(ii) Section 10 of that Act (right to prevent processing likely to cause damage and distress)
Section 1 of the Data Protection Act 1998 defines personal data as information which relates to a living individual who can be identified (a) from that data
This exemption is an absolute exemption that is not subject to the public interest test.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
If you wish to discuss any of the above, please contact us, quoting the FOI reference number above.
If you are unhappy with the way in which we have handled your request, please contact the Data Protection and Freedom of Information Lead in the first instance.
If you are not content with the outcome of your complaint or the internal review, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner will only make a decision once you have exhausted the complaints and/or internal review process provided by us. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or through this link https://ico.org.uk/global/contact-us/
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
Belmont Court, Torbay Hospital, TQ2 7AA
Status: This request directly tests the contradiction between the Trust's claim that RDE "offered support" and the documented patient case in which a transfer to RDE was allegedly declined and the patient sent to Plymouth. The four organisations' responses, or failure to respond consistently, will establish the factual record. To date, only Torbay and South Devon NHS FT has issued a substantive response, received 21 April 2026 from Sarah Goss, Data Protection Lead, under reference TSD10425. The Trust has refused disclosure in full on Section 40(2) grounds, including questions about decision-maker roles, escalation pathways, SOP application, and alternative receiving centres, none of which inherently constitute personal data. This is the second blanket Section 40(2) refusal from the Trust on the same day for related requests (the divert log under TSD10426 was refused on identical grounds), suggesting a pattern rather than a request-by-request analysis. The Trust's blanket exemption is a candidate for internal review on the grounds set out above. Substantive responses from RDE (under reference RDF4139-26), SWASFT, and NHS Devon ICB remain awaited as separate organisations not bound by this Trust response.
Organisation requested to respond:
- Torbay and South Devon NHS Foundation Trust (ref: TSD10532, response received 19 May 2026 from Sarah Goss, Data Protection Lead)
The Trust's answers in full:
- Hourly charge rates for weekend agency nursing: £31.29 to £38.51
- Breakdown: amount to nurse £26.60 to £32.73; agency fees, commissions or other costs £4.69 to £5.78
- Shifts at or above £90/hour: N/A (number, hours, and cost all answered N/A)
- Total agency nurses and hours for weekend shifts (April 2026): 648 nurses, 7,037 hours
- Total weekend agency expenditure (April 2026): £225,140
- Frequency of agency use for weekend shifts (April 2026): 242 (the Trust did not specify what this figure counts)
- Policies or rationale comparing agency use against enhanced pay for substantive staff: N/A
The campaign's follow-up questions (4 June 2026):
The campaign has asked for clarification on several matters, in particular the relationship between any past workforce reductions and the current reliance on agency staff:
- Whether nursing, clinical support, or patient-facing posts were reduced through voluntary redundancy, voluntary severance, recruitment freezes, or non-replacement of vacancies during the period in which agency nurses were subsequently engaged
- What assessment was undertaken to determine whether retaining substantive staff would have represented better value than reducing permanent staffing and subsequently engaging agency workers
- Whether any cost-benefit analysis compared voluntary redundancy payments against subsequent agency expenditure
- Whether the "N/A" to Question 7 means no such documents exist, or that they exist but were not identified within the search scope
- What the figure of 242 represents (shifts, bookings, requests, or another measure)
- Details of executive approvals, expenditure controls, agency reduction targets, and the total agency nursing expenditure for the full financial year to date (not limited to weekends)
- Whether the Trust has undertaken any review, audit, risk assessment, or Board-level discussion of agency dependency, workforce sustainability, vacancy levels, and patient care continuity risks
From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10532
Signed by: Sarah Goss, Data Protection Lead
Dear Susie Colley,
Request for Information
We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.
Please provide the following for the current financial year to date:
1. The hourly charge rates paid for agency nursing staff for weekend shifts. Where multiple rates apply, please provide the range and typical rates.
£31.29 / £38.51
2. A breakdown of these hourly charge rates, including:
- The amount paid directly to the nurse: £26.60 / £32.73
- Agency fees, commissions, or other associated costs: £4.69 / £5.78
3. Confirmation of whether any agency nursing shifts have been filled at or above £90 per hour. If so:
- The number of such shifts: N/A
- The total hours worked at this rate (or above): N/A
- The total cost incurred at this rate (or above): N/A
4. The total number of agency nurses engaged for weekend shifts, and the total number of hours worked.
Based on April 2026: 648 nurses worked weekend shifts. Total number of hours: 7,037
5. The total expenditure on agency nursing staff for weekend cover.
Based on April 2026: £225,140
6. The frequency of agency nurse usage for weekend shifts.
Based on April 2026, 242
7. Any recorded policies, business cases, or documented rationale comparing the use of agency staff versus offering enhanced pay or incentives to substantive staff for weekend shifts.
N/A
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting.
Yours sincerely,
Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust
From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team, Torbay and South Devon NHS FT
CC: Phil Keeling, John, Georgian, David, Torre, Sally, Nicole
Reference: TSD10532
Dear Ms Goss,
Thank you for your response to FOI request TSD10532.
Having reviewed the information provided, I would be grateful if you could clarify several matters arising from the response, as some aspects appear incomplete and raise further questions regarding workforce planning and expenditure.
The Trust has confirmed that during April 2026 alone:
- 648 agency nurses worked weekend shifts.
- 7,037 agency nursing hours were worked at weekends.
- Total expenditure on weekend agency nursing cover was £225,140.
- Agency charge rates ranged from £31.29 to £38.51 per hour.
Given the substantial reliance on agency nursing staff, I would be grateful for clarification on the following points:
Workforce Planning and Voluntary Redundancy
The Trust has previously undertaken voluntary redundancy programmes as part of workforce and financial management measures.
Please explain:
- a) Whether any nursing, clinical support, or patient-facing posts were reduced through voluntary redundancy, voluntary severance, recruitment freezes, or non-replacement of vacancies during the period in which agency nurses were subsequently engaged.
- b) What assessment was undertaken to determine whether retaining substantive staff would have represented better value for money than reducing permanent staffing levels and subsequently engaging agency workers.
- c) Whether the Trust conducted any cost-benefit analysis comparing the costs of voluntary redundancy payments and subsequent agency expenditure.
- d) Why agency nurses were required in such significant numbers if substantive staffing capacity had previously been reduced.
Use of Enhanced Rates for Existing Staff
Question 7 of my request sought policies, business cases, or documented rationale comparing agency usage against enhanced payments or incentives for substantive staff. The response provided states "N/A".
Please clarify whether: a) No such documents exist; or b) Such documents exist but were not identified within the scope of the search.
If no documents exist, please confirm whether any formal assessment was undertaken before deciding to incur agency expenditure rather than offering enhanced rates, overtime incentives, retention payments, bank shifts, recruitment initiatives, or other measures to existing staff.
Frequency of Agency Usage
The response states "Based on April 2026, 242" in relation to frequency of agency nurse usage. Please clarify what the figure of 242 represents (number of shifts, occasions agency staff were booked, requests for agency cover, or some other measure).
Agency Staffing Controls
Please provide details of: a) any executive approvals, expenditure controls, or governance arrangements required before agency nursing staff can be engaged; b) whether the Trust has set agency reduction targets or workforce substitution plans; c) the total agency nursing expenditure for the financial year to date, not limited to weekends.
Financial and Patient Safety Considerations
Given the scale of agency utilisation identified, please confirm whether the Trust has undertaken any review, audit, risk assessment, or Board-level discussion concerning the financial impact of agency dependency; workforce sustainability; the relationship between vacancy levels and agency expenditure; and any risks to continuity of patient care arising from reliance on temporary staffing. If such reports exist, please provide copies or relevant extracts.
I would be grateful if this correspondence could be treated either as a request for clarification of the original response or as a new Freedom of Information request where appropriate.
My overarching concern is if the Trust was reducing its workforce through voluntary redundancy, severance, vacancy freezes, or non-replacement of posts, what analysis demonstrated that paying agency nurses for more than 7,000 weekend hours in a single month represented better value for public money than retaining substantive staff?
Thank you for your assistance, clearly in the event of an unsatisfactory response the Heart Campaign will be requesting an internal review.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
To: Chris Balch (Trust Chair), Martin Beaman, Joe Teape (Trust CEO)
CC: Sally, Nicole, Torre, Anna Varle (BBC), Emma Ruminski (BBC), Guy Henderson (Reach plc), Jake Wallace (BBC), Jenny Kumah (BBC), Jim Parker (Clear Sky Publishing), John Ayres (BBC), Julia Peet (BBC), Julie Fisher (BBC), Rachel Tapper, Sam Blackledge (ITV), Zoe (Totnes Pulse), Andrew Kay (Bauer Media), Mark Hawkins (Rowcroft Hospice), David Simmonds MP, David Thomas (Torbay Council), Cat Johns (Torbay Council), Miles
Date: 30 April 2026, 22:20
Good evening Mr Balch
I am writing to request information under the Freedom of Information Act 2000 regarding the use and cost of agency nursing staff.
It has been suggested that agency nurses may be used to cover weekend staffing gaps at rates of up to £90 per hour. I request clarification of this point through the provision of recorded information.
Please provide the following for the current financial year to date:
- The hourly charge rates paid for agency nursing staff for weekend shifts. Where multiple rates apply, please provide the range and typical rates.
- A breakdown of these hourly charge rates, including the amount paid directly to the nurse and agency fees, commissions, or other associated costs.
- Confirmation of whether any agency nursing shifts have been filled at or above £90 per hour. If so: the number of such shifts, the total hours worked at this rate (or above), and the total cost incurred at this rate (or above).
- The total number of agency nurses engaged for weekend shifts, and the total number of hours worked.
- The total expenditure on agency nursing staff for weekend cover.
- The frequency of agency nurse usage for weekend shifts.
- Any recorded policies, business cases, or documented rationale comparing the use of agency staff versus offering enhanced pay or incentives to substantive staff for weekend shifts.
For the avoidance of doubt, I am requesting recorded information held by the organisation.
If any part of this request exceeds the appropriate cost limit, please provide the information up to that limit and advise how the request may be refined.
I look forward to your response within 20 working days.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Status:
The thread runs across three stages:
- 30 April 2026 — Campaign FOI submitted to Trust Chair Chris Balch and CEO Joe Teape, with wide distribution including local MP, Torbay Council, and regional press.
- 19 May 2026 — Trust response from Sarah Goss with the quantitative figures. The £90/hour rate the campaign was investigating was answered "N/A" (no weekend shifts at or above that rate). Question 7, on whether the Trust holds any documented comparison between agency use and enhanced pay for substantive staff, was answered "N/A".
- 4 June 2026 — Campaign clarification request, pressing on the relationship between any past workforce reductions and the current reliance on agency staff, the meaning of the "N/A" answers, what the figure of 242 counts, and whether the Trust holds any audit or Board-level discussion of agency dependency. The campaign asked that this be treated as a clarification or, where appropriate, a new FOI, and signalled it will request an internal review if the response is unsatisfactory.
Where the request stands: The original FOI has had a substantive answer, which is why it sits in Responses Received. The 4 June clarification is awaiting a Trust reply. If the Trust treats it as a new FOI and refuses, or if the clarification is unsatisfactory, the campaign has signalled it will escalate to internal review.
Correspondence on Record
This section captures substantive email correspondence that is not yet a formal numbered FOI but where the campaign has put matters on record. Items here may graduate to a numbered FOI, or move to "Responses Received" if a substantive response arrives.
Testable claims made by NHS Devon in the 14 April email:
- PPCI relocation: "There are no proposals to move PPCI" set out in the One Plan for Devon, the ICB's five-year commissioning intentions, or the Devon Health and Care Strategy. Worth FOI request for any internal papers, board discussions, options appraisals or clinical reviews referencing PPCI relocation.
- Lead Provider model: Not in the One Plan for Devon but included in the Devon Health and Care Strategy. Testable via the Strategy text and any implementation papers, particularly any application to cardiology pathways.
- Torbay Hospital NHP scheme: Wave 2, construction 2033 to 2035, cost "above £500 million", final scope pending full business case. Testable via FOI for current business case status and correspondence with DHSC on the timetable.
- Histopathology relocation to Gadeon House Exeter: Trust Board has approved relocation of routine histopathology, with time-critical and urgent work remaining at Torbay through a permanent Acute Services Laboratory. To be confirmed at TSD Board of Directors public meeting on 7 May 2026.
- "No underwritten guarantee": ICB has refused on the record to provide a guarantee that Torbay Hospital will not be downgraded, citing that the NHS cannot provide guarantees of that nature.
- £14.2 million ED redevelopment: Stated completion 2026.
- Cath lab refurbishment: Listed by ICB as a Trust capital priority. Directly relevant to FOINHSD25/1415.
- Pre-election engagement pause: ICB stated they cannot attend public meetings during the pre-election period but will engage local communities fully and openly after the 7 May local elections. Worth tracking whether engagement actually happens.
From: INVOLVE (NHS DEVON ICB - 15N) d-icb.involve@nhs.net
To: Susie Colley (chair@tqcc.co.uk), Steve Darling MP, INVOLVE (NHS Devon ICB)
CC: Kevin Dixon, David Thomas (Torbay Council), Cat Johns (Torbay Council), Torre and Upton, Nicole Amil, phil.keeling1961
Importance: High
Dear Susie,
Following the meeting last night, I thought it would be helpful to resend the specific responses to your pre-meeting questions that you asked us to provide, please see below. We also want to signpost you to where our One plan for Devon details and useful documents, including our Frequently Answered Question (FAQs) sections, are online.
We understand personal contact details for NHS Devon colleagues are going to be shared following the meeting, please can we ask that you publish our Involve inbox (d-icb.involve@nhs.net) as the main contact email address for the ICB, as previously agreed.
This will ensure emails are directed to the most appropriate colleague for response. I note from your email dated 9 April 2026 you included a Joseph Govett and used the wrong email address for Mark Hackett, this highlights the importance of using the Involve Inbox as a single point of contact.
Any emails received personally by colleagues will be directed to this inbox with a co-ordinated response provided.
Kind regards
NHS Devon
The email then quoted the earlier ICB response of 13 April 2026 (15:11) which contained the substantive answers to the campaign's pre-meeting questions:
We welcome the opportunity to respond, as we are concerned that some of the information currently circulating does not reflect the content of the One Plan for Devon.
We would also like to clarify the role of the NHS Devon Integrated Care Board (ICB) and the Torbay and South Devon NHS Foundation Trust.
The NHS works as a partnership locally, with the ICB planning and commissioning services across Devon, and NHS Trusts run hospital services day-to-day. We work closely together to make sure services are safe, sustainable and meet local needs.
The One Plan for Devon sets out the overall direction for health and care over the next five years. It does not include specific decisions about individual hospital services but does recognise that delivering sustainable services across Devon will not be possible without transformation.
Where any future changes are proposed, these would be led by clinical teams and involve local people before any decisions are made.
ICBs and trusts all have legal duties to involve the public in their decision-making, these are outlined in the One Devon People and Communities Framework which was co-developed with partners across Devon.
The main duties on NHS bodies are set out in the National Health Services Act 2006, as amended by the Health and Care Act 2022:
- section 13Q for NHS England
- section 14Z45 for integrated care boards
- section 242(1B) for NHS trusts and NHS foundation trusts
Q1. What is meant by the "Lead Provider model" in the five-year plan?
The Lead Provider model is not mentioned in the One Plan for Devon but is included in the Devon Health and Care Strategy.
The Lead Provider model is a commissioning and contracting approach, not a service change.
It means one NHS organisation may be asked to take overall responsibility for coordinating a pathway of care (for example, elective care or community services), working with other providers as partners.
This is intended to:
- Improve coordination of care
- Reduce fragmentation
- Improve outcomes and patient experience
It does not predetermine:
- Which services are delivered and where
- The closure, relocation or reduction of services
Any changes to services would require separate proposals and public involvement.
Q2. Can the ICB confirm there are no relocation plans to move Primary Percutaneous Coronary Intervention (PPCI) to Exeter?
There are no proposals to move PPCI set out in:
- The One Plan for Devon
- The ICB's five-year commissioning intentions
- The Devon Health and Care Strategy
If any such proposal were ever to be developed, it would require formal clinical review and full public involvement.
Q3. What does "New Hospital" mean in the Devon New Hospital Programme (NHP) appendix?
The reference to a "New Hospital" relates to the national New Hospital Programme, which is focused on:
- Replacing or refurbishing unsafe or ageing hospital buildings
- Addressing issues such as reinforced autoclaved aerated concrete (RAAC)
- Improving the physical condition of hospitals
Torbay Hospital is in wave two of the national New Hospital Programme. Following a national review of the programme in early 2025, the timetable for main construction associated with the Torbay scheme moved to between 2033 and 2035.
The scheme is expected to involve a significant redevelopment of the existing hospital site. Current estimates suggest a total cost above £500 million, but the final scope, cost and funding position will only be confirmed once the full business case process has been completed and approved nationally.
While work continues nationally on the longer-term programme, Torbay and South Devon NHS Foundation Trust is exploring all other funding avenues available to manage estates risks and invest in the site. This includes the £14.2 million redevelopment of the Emergency Department, which is due to be completed this year.
Alongside this, the Trust is progressing other capital schemes on the Torbay Hospital site through national funding, including the refurbishment of day theatres, expansion of Oral and Maxillofacial Surgery services as well as several priority schemes through its own capital allocation such as the refurbishment of the cardiac catheterisation laboratories and aseptic pharmacy (chemotherapy).
In addition, essential infrastructure works are being taken forward to address known issues associated with the ageing estate and to keep services safe and operational while longer-term plans are developed.
North Devon District Hospital (Royal Devon University Healthcare NHS Foundation Trust) is in wave three of the New Hospital Programme. Construction is due to begin between 2035 and 2038 and involves a major site modernisation.
Derriford Hospital (University Hospitals Plymouth NHS Trust) is wave one of the New Hospital Programme for a specific project, a new Emergency Care Building. Construction has begun on this project and is due to be completed in 2028/29.
Q4. Can the ICB provide an underwritten guarantee that the hospital will not be downgraded?
The NHS cannot provide an "underwritten guarantee" of this nature, however, we can be clear that our One Plan for Devon does not include proposals to downgrade hospitals, remove services, or make specific changes to individual hospital services.
Any substantial service change would require transparent public involvement.
Local people can sign up for official NHS Devon updates, to receive the latest information and invites to engagement opportunities.
Q5. Are histopathology services being moved?
NHS England Estates Safety funding has been awarded to Torbay and South Devon NHS Foundation NHS Trust to address long-standing infrastructure risks in histopathology at Torbay Hospital. Histopathology is a clinical support service which is central to high-quality patient care.
As a result, the Trust Board has approved a long-term solution for routine histopathology to move to a bespoke new laboratory at Gadeon House in Exeter, once the new facility is ready. Time critical and urgent pathology work will remain on the Torbay Hospital site through a permanent Acute Services Laboratory.
This will be confirmed at the Board of Directors meeting in public on 07 May 2026 where further detail, including how turnaround times, service quality and clinical support will be maintained, will be shared.
Q6. Are there plans to reduce A&E opening hours to Monday-Friday?
Changes to A&E times are not included in the One Plan for Devon.
Torbay Hospital is currently undergoing a significant £14.2 million redevelopment of its Emergency Department (A&E) to increase capacity, improve patient care environments, and reduce waiting times. The project is designed to address challenges posed by an aging infrastructure, with the full redevelopment scheduled for completion in 2026.
Q7. Is maternity being moved to Exeter?
There are no proposals in the One Plan for Devon to re-locate maternity services.
Closing statement from the ICB:
As you would expect, the NHS routinely reviews services as part of future planning to ensure safety, quality and sustainability.
The NHS is founded on values of respect and open communication, and NHS Devon ICB has a statutory responsibility to involve and engage the public in decisions about healthcare planning. Any proposals for service change would require:
- Formal clinical development
- Public involvement and engagement
- Clear decision-making processes
Operational matters are led by individual NHS Trusts and are considered through their own governance and public processes.
Thank you for providing these questions to us to answer and we would respectfully ask you to help us in countering unsubstantiated claims or information. If there are additional specific concerns you are aware of, we would welcome the opportunity to respond clearly and transparently.
As previously stated, we remain fully committed to public engagement, and while we cannot attend public meetings during the pre-election period, we will be engaging local communities fully and openly (after 7 May local elections).
Local people can sign up for official NHS Devon updates, to receive the latest information and invites to engagement opportunities, which includes the recruitment into a new lived experience group.
We look forward to continuing constructive engagement.
Yours sincerely,
NHS Devon Integrated Care Board (ICB)
Aperture House, Pynes Hill, Rydon Lane, Exeter, EX2 5AZ
The email was unsigned beyond the corporate name "NHS Devon Integrated Care Board (ICB)".
From: Susie Colley (chair@tqcc.co.uk)
To: NHS Devon ICB
Dear Sir/Madam,
I am writing in response to your recent communication.
While I note your explanation that a generalised email inbox is used for outgoing correspondence, it is not acceptable that emails are issued without any form of identification or signature. This approach lacks transparency and makes it impossible to determine who is responsible for the content, decisions, or advice being provided.
For matters of accountability, professionalism, and effective communication, it is essential that all correspondence clearly identifies the sender, at a minimum including a name, role, and department. Without this, it creates unnecessary confusion and undermines confidence in the process.
I would therefore ask that:
- Future emails include a named contact and appropriate signature; and
- You clarify who authored the previous correspondence so that I can address any follow-up appropriately.
I look forward to your prompt response and to improved clarity in future communications.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status: ICB email of 14 April 2026 received and on file. Campaign reply of 25 April 2026 challenges the practice of unsigned correspondence and requests identification of the author of the previous email. No response received from NHS Devon ICB. The ICB's substantive Q&A answers contain eight specific factual claims that are now on the public record and testable via future FOI requests if required.
Sent to:
- Catherine "Kate" Lissett, Chief Medical Officer, Torbay and South Devon NHS Foundation Trust
The campaign's analysis of the Trust's 2 June response identifies the following gaps:
1. Clinical consultation
The Trust states: "Clinical service leads were briefed" and "the pathology clinical service lead was engaged throughout."
This is not the same as formal consultation. What remains unclear is:
- Which consultant groups were consulted?
- On what dates?
- Were written responses sought?
- Were concerns recorded in meeting minutes?
- How many clinicians supported versus opposed the proposal?
- What specific objections were raised?
If a significant number of clinical leaders expressed concerns, the response appears to acknowledge that questions were raised but does not disclose the nature, extent or strength of those concerns.
2. Concerns raised by clinicians
This is probably the most evasive answer. The original questions asked whether concerns were raised regarding safety, workforce, logistics, transport, turnaround times, recruitment, resilience, and future service implications.
Rather than answering "yes" or "no", the Trust states "Our staff have raised many questions" and "The issues you raise are central to the work and are being addressed..."
That does not tell readers whether those risks were identified, how serious they were assessed to be, whether any were considered unacceptable, or whether any clinicians advised against relocation.
3. Options appraisal
The Trust confirms an options appraisal existed and was presented on 19 March 2026. However, the response does not explain:
- What options were considered
- The scoring methodology
- Who undertook the appraisal
- Whether retaining pathology at Torbay was fully costed
- Why refurbishment was rejected
- Whether temporary modular facilities were considered
- Whether clinicians participated in scoring
Merely saying an appraisal occurred does not demonstrate that the process was balanced.
4. Timing of the decision
The Trust's timeline suggests:
- Options appraisal: 19 March 2026
- CEO email to pathology staff: 20 March 2026
- Business case: 25 March 2026
- CEO and Chair approval under urgent decision-making arrangements: 26 March 2026
- All staff informed: 5 May 2026
- Board meeting in public: 7 May 2026
This raises a governance question: if staff were informed of a "preferred option" on 20 March, before the business case was considered on 25 March and before public Board discussion in May, at what point was the decision effectively made, and what opportunity existed for clinicians or staff to influence the outcome after 20 March?
5. "No proposals at this time"
The Trust states: "There are no further Board approved proposals for other service moves from Torbay Hospital at this time." But it also states: "We continue to work with partners through the Peninsula Pathology Network to explore options for a more resilient and sustainable regional pathology model."
In effect, the Trust is distinguishing between active strategic planning and formally approved proposals. That distinction may be technically correct, but it does not answer whether consolidation beyond cellular pathology is being actively explored.
6. Major service change
The Trust's argument is that because urgent and time-critical services remain on site, this is not a major service change. That is an assertion rather than an explanation. The unanswered questions are:
- What proportion of current pathology activity will move?
- What proportion of staff will move?
- What impact assessment has been undertaken on clinical pathways?
- What advice was sought regarding whether this constituted a substantial service variation?
- Were local authority scrutiny committees consulted?
These are legitimate governance questions that the Trust's response does not address.
Related material on the tracker:
- The forensic Pathology Reconfiguration FOI of 27 April 2026 (Section 2: Awaiting Response) requests the underlying evidence base for the pathology consolidation programme, including business cases, raw activity data, financial and operational modelling, and clinical risk assessments. The Trust's 19 May and 2 June responses confirm much of what the FOI is seeking but do not provide the underlying documentation. The FOI deadline was 26 May 2026.
- The One Plan for Devon thread (Section 5: Correspondence on Record) records the 14 April 2026 ICB confirmation that "the Trust Board has approved a long-term solution for routine histopathology to move to a bespoke new laboratory at Gadeon House in Exeter, once the new facility is ready." This is now corroborated by the Trust's own substantive responses.
- The NHF and Trust Strategy thread (Section 5: Correspondence on Record) records the Trust CEO's commitment that "no element of the NHF, or any other national policy, is being relied upon to justify changes to urgent, emergency, inpatient, or tertiary cardiac provision." The Gadeon House correspondence is now the documented test case of how the Trust handles strategic activity in the absence of formal proposals.
To: Catherine Lissett
CC: Phil Keeling, Torre, Sally, Nicole, Andrew, Georgian, David, John
Date: 4 June 2026, 12:55
Good afternoon Ms Lissett,
Thank you for your response.
Having reviewed your answers, I remain unclear on several points because a number of the responses describe processes and ongoing work but do not address the substance of the questions asked.
In relation to clinical consultation, you state that clinical leaders and pathology colleagues were briefed and had opportunities to provide feedback. Please could you clarify:
- Which consultant groups and clinical leaders were consulted?
- On what dates did these discussions take place?
- Were concerns formally recorded in minutes, reports or consultation feedback?
- What specific concerns were raised regarding safety, workforce sustainability, transport and logistics, turnaround times, recruitment, resilience and future service implications?
- Were any clinicians opposed to the proposed relocation and, if so, how were those concerns considered within the decision-making process?
Regarding the options appraisal presented in March 2026, please could you provide further detail on:
- The options considered.
- The appraisal methodology and scoring criteria used.
- Whether refurbishment or redevelopment at Torbay Hospital was fully costed and assessed.
- Whether clinicians were involved in the appraisal and scoring process.
- The reasons why alternative options were discounted.
Your response confirms that an options appraisal was presented on 19 March 2026 and a business case considered on 25 March 2026, yet pathology staff were informed of a preferred option on 20 March 2026. Please explain what opportunity remained for staff and clinicians to influence the decision after the preferred option had been identified.
I would also be grateful if you could clarify the statement that there are "no further Board-approved proposals" beyond cellular pathology. While I appreciate the distinction you draw between strategy and formal proposals, you also state that work continues through the Peninsula Pathology Network to explore a more resilient and sustainable regional pathology model. Please therefore confirm what services are included within that work, what scenarios are being considered, and whether any modelling has been undertaken regarding future consolidation of pathology services beyond cellular pathology.
Finally, to assist understanding of the decision-making process, please advise whether the following documents can be provided:
- The March 2026 options appraisal.
- The March 2026 business case.
- Relevant risk assessments and risk registers.
- Clinical feedback summaries.
- Equality and Quality Impact Assessments.
- Minutes or reports recording consultant and clinical leader feedback.
I look forward to your response.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: Catherine Lissett, Chief Medical Officer, Torbay and South Devon NHS Foundation Trust (catherine.lissett@nhs.net)
To: Susie Colley (chair@tqcc.co.uk)
Subject: FW: Request for Clarification Regarding Gadeon House and Peninsula Pathology Network
Dear Mrs Colley
Further to your email of 19 May 2026 requesting clarification, I will answer the specific questions you asked in the order you set them out. You may also find it helpful to read the published papers for the Board meeting held in public on 07 May 2026: Board, governors and annual members meetings
For completeness and because this correspondence may be shared publicly, I have included at the end of this email the published extract from the papers for the Board meeting held in public on 07 May 2026.
1) The "time-limited opportunity": what it was and why decisions were taken at pace
The issue we were addressing was a defined estates safety risk affecting our cellular pathology (histopathology) accommodation at Torbay Hospital, including ventilation and formalin exposure risks that cannot be safely mitigated over the longer term. In January 2026, we were advised that ring-fenced NHS England Estates Safety Funding capital was available to address this, but only if an affordable, deliverable solution could be implemented within the financial year and all expenditure was completed by 31 March 2026.
Were consultants formally consulted prior to these decisions being made?
Our engagement focused on the clinical leaders and colleagues directly involved in, or impacted by, cellular pathology. Pathology colleagues were briefed on the options and had the opportunity to provide feedback. Clinical service leads (including consultant specialty leads for relevant areas) were briefed, and the pathology clinical service lead was engaged throughout.
Were any concerns raised by clinicians regarding safety, workforce impact, transport/logistics, turnaround times, recruitment, resilience, or future service implications?
Our staff have raised many questions. The issues you raise are central to the work and are being addressed through the design of the model and ongoing risk management. Maintaining service quality, turnaround times and clinical support for patients remains a core requirement. Work is now starting with cellular pathology colleagues to co-design the service model for the new laboratory.
Were any formal option appraisals undertaken comparing refurbishment/redevelopment at Torbay Hospital against relocation to Exeter?
Yes. An options appraisal was presented to the Executive Committee on 19 March 2026, and a detailed business case was considered on 25 March 2026. As outlined in the Chief Executive's report to the Board in May 2026, an earlier plan to address this through a new on-site asset linked to enabling works for the New Hospitals Programme did not progress in 2024, leaving an urgent requirement to secure a safe and sustainable solution.
At what point were the Board, clinicians, and staff informed that relocation to Gadeon House had become the preferred option?
The preferred option was considered through the Executive Committee in March 2026 (19 March options appraisal; 25 March business case). The Board were briefed regularly by the Chief Executive, including through formal meetings and governance. Clinical service leads were verbally briefed through their regular fortnightly meetings, as were the Medical Staffing Committee through their regular meetings. Pathology colleagues (cellular pathology, blood science and microbiology) received a personal email from Joe Teape, Chief Executive, on 20 March 2026, setting out the options appraisal and preferred option. Regular fortnightly meetings take place between cellular pathology colleagues, the Chief Executive, Chief Medical Officer and other leads to ensure we continue to listen and understand concerns, provide regular briefings and agree actions together. The most recent meeting was last Wednesday (20 May 2026), when discussions included arranging visits for colleagues to Gadeon House and a forthcoming service model design session. Confirmation to all staff was shared on 05 May 2026 through the Chief Executive, ahead of the Board meeting in public on 07 May 2026.
"No proposals at this time": clarifying what is (and is not) agreed
You have noted that lease arrangements, secured capital funding, governance approvals and planning activity indicate active development. In this case, those steps relate to a specific, agreed programme to address an estates safety risk in cellular pathology. As set out in the Chief Executive's report, the agreed programme comprises:
- an initial relocation of cytology services to release capacity on the Torbay site to enable immediate mitigation of safety risks
- a planned move of routine cellular pathology into fit-for-purpose laboratory accommodation at Gadeon House within an estimated 12-18 months.
It is important to be clear that urgent and time-critical pathology services will continue to be delivered safely from Torbay Hospital through an on-site Acute Service Laboratory while routine elements transition in a phased and managed way.
Royal Devon University Healthcare NHS Foundation Trust is separately progressing its own lease arrangements with Torbay Council (the freeholder) for other floors in Gadeon House for the relocation of some of its pathology services.
You asked whether we have developed medium or long-term strategic modelling, draft proposals or planning assumptions for the consolidation of pathology or diagnostic services beyond cellular pathology. In parallel with the specific cellular pathology programme above, we continue to work with partners through the Peninsula Pathology Network to explore options for a more resilient and sustainable regional pathology model, while maintaining appropriate local service delivery. However, beyond the cellular pathology programme described above, there are no further Board-approved proposals for other service moves from Torbay Hospital at this time.
I understand your concern about the language of proposals. Strategy describes direction and priorities; it is not, in itself, a set of agreed proposals. A proposal is only created when an option is developed to the point it can be formally decided through governance.
In this case, the agreed model is primarily an estates safety and workforce resilience intervention within a clinical support service, and it explicitly maintains urgent and time-critical provision locally from Torbay Hospital. National guidance on major service change focuses on proposals that materially alter how patients access services at the point they receive care; in this case, the model maintains local urgent and time-critical provision while routine work transitions in a managed way.
I hope this answers your questions. Should you have any further questions, please submit these through our Freedom of Information process: tsdft.foirequests@nhs.net
Yours sincerely,
Kate Lissett
The text below is taken from the published papers for the Board meeting held in public on 07 May 2026.
Development of Gadeon House for the long-term provision of Cellular Pathology Services
Cellular Pathology is one part of our wider pathology services, which also include Blood Sciences and Microbiology. While Blood Sciences and Microbiology focus on tests such as blood analysis and the identification of infections, Cellular Pathology involves the examination of tissue and cell samples to support diagnosis and treatment, including the diagnosis of cancer and other serious diseases. These services are safety-critical and rely on specialist laboratory facilities and workforce.
Over several years, we have sought national support to address significant estates safety risks associated with the life-expired temporary building at Torbay Hospital, from which Cellular Pathology services have been provided. These risks include ventilation and formalin exposure and cannot be safely mitigated over the longer term. Earlier plans to address this through the creation of a new on-site asset as part of enabling works linked to the New Hospitals Programme did not progress in 2024, leaving us with an urgent requirement to secure a safe and sustainable solution.
In parallel, we have worked with the Peninsula Pathology Network to explore options for a more resilient and sustainable regional pathology model, including the potential for consolidated laboratory provision across the peninsula, while maintaining appropriate local service delivery.
In January 2026, we were advised that capital funding from NHS England was available, subject to a requirement that an affordable and deliverable solution could be implemented within the financial year, with all expenditure completed by 31 March 2026. This created a time-limited opportunity to address the longstanding safety risks associated with the current accommodation.
An options appraisal was presented to Executive Committee on 19 March 2026, which identified a preferred option to establish a consolidated Cellular Pathology laboratory at Gadeon House, Exeter. This includes an initial relocation of Cytology services to Royal Devon University Healthcare NHS Foundation Trust to release capacity on the Torbay site, enabling immediate mitigation of safety risks, followed by a planned move into the fully fitted laboratory at Gadeon House within an estimated 12-18 months.
To deliver this option, it was necessary to agree a lease arrangement and commit funding for design and fit-out works within a short timescale. A detailed business case was therefore brought to Executive Committee on 25 March 2026. Given the time-critical nature of the funding opportunity, the Chief Executive and Chair approved the proposal under our urgent decision-making arrangements on 26 March 2026, in line with our governance arrangements and standing financial instructions.
Appropriate due diligence was undertaken alongside executive engagement with cellular pathology colleagues and the rationale for urgency, the financial arrangements and the expected benefits were fully documented. The approach, including the landlord paying fit-out invoices directly, was agreed as a proportionate and financially compliant route to delivery, with design and cost risk remaining with us.
Approval was given for £4.6m of national NHS England capital funding, secured through a time-limited estates safety funding programme, to support the development of Cellular Pathology services at Gadeon House, Exeter. This funding is ring-fenced capital and cannot be used for day-to-day operational or staffing costs. The investment covers lease costs, design development and professional fees, and the fit-out of the laboratory space to create fit-for-purpose facilities. We have entered into a 15-year lease with Torbay Council, who are the freeholder of the building, with a Trust break option at 10 years.
Throughout the transition, maintaining service quality, turnaround times and clinical support for patients remains a core requirement. Urgent and time-critical pathology services will continue to be delivered safely from Torbay Hospital through an Acute Service Laboratory, while routine elements of the service transition in a phased and managed way. Clinical leaders are closely involved in the design and implementation of the model and risks associated with transition are being actively managed.
The new accommodation will provide long-term, fit-for-purpose laboratory facilities, improving staff safety, wellbeing and retention and enhancing service resilience through standardised reporting, improved workforce productivity and the use of digital pathology.
Equality and workforce impacts will continue to be considered as part of detailed implementation planning, with mitigations developed where required. Progress and risk will be reported through our established governance arrangements, including to the Board of Directors in public.
Best wishes
Kate
Kate Lissett
Pronouns: She/Her
Chief Medical Officer
Torbay and South Devon NHS Foundation Trust
To: Joe Teape, Catherine Lissett
CC: Phil Keeling, Torre, Nicole, Sally
Date: 19 May 2026, 15:12
Good afternoon
Thank you for your detailed response.
I appreciate the clarification provided, however a number of important concerns remain unresolved.
Firstly, I would like clarification regarding the statement that:
"A time-limited opportunity arose earlier this year to secure national capital funding to address these risks."
Please can you clarify precisely what consultation took place with consultant pathologists, laboratory clinicians, service leads, and wider clinical teams before decisions were taken to:
- pursue the national capital funding opportunity,
- enter into lease arrangements for Gadeon House,
- and progress plans for relocation of services.
Specifically:
- Were consultants formally consulted prior to these decisions being made?
- Were any concerns raised by clinicians regarding safety, workforce impact, transport/logistics, turnaround times, recruitment, resilience, or future service implications?
- Were any formal option appraisals undertaken comparing refurbishment/redevelopment at Torbay Hospital against relocation to Exeter?
- At what point were the Board, clinicians, and staff informed that relocation to Gadeon House had become the preferred option?
Secondly, I remain concerned about the repeated use throughout your email of phrases such as:
"There are no proposals at this time..."
while simultaneously confirming:
- lease agreements,
- secured capital funding,
- governance approvals,
- workforce planning,
- operational planning,
- and active scoping work around microbiology and blood sciences consolidation.
To many readers, these activities appear to constitute active strategic development rather than merely exploratory discussion.
I would therefore welcome clarification as to whether:
- the Trust has developed any medium or long-term strategic modelling regarding consolidation of pathology or diagnostic services beyond cellular pathology;
- any proposals, draft business cases, strategic outlines, or planning assumptions exist concerning further transfer, merger, or network consolidation of services over the next 5-10 years;
- and how this position aligns with the wider One Devon strategy documents, which reference increasing integration and merger of services across Devon.
At present there appears to be a significant difference between the public reassurance that there are "no proposals" and the strategic direction implied by both the Peninsula Pathology Network arrangements and wider One Devon planning documentation.
Given the degree of public interest and concern, transparency on these points is extremely important.
I would be grateful for a clear response.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: Catherine Lissett, Chief Medical Officer, Torbay and South Devon NHS Foundation Trust (catherine.lissett@nhs.net)
To: Susie Colley (chair@tqcc.co.uk)
CC: Joe Teape, Chief Executive, Torbay and South Devon NHS Foundation Trust (joe.teape@nhs.net)
Signed jointly by: "Joe and Kate"
Subject: RE: Request for Clarification Regarding Gadeon House and Peninsula Pathology Network
Dear Ms Colley
Thank you for your email of 09 May 2026 and for taking the time to set out your questions so clearly. We are very aware of the strength of local interest in these matters and welcome the opportunity to clarify our position.
First, we would like to address the comment you reference from the Board meeting held in public on 07 May. The discussion around Gadeon House and histopathology services took place as part of the Chief Executive's report. The remark that there were "no proposals to move any services" was made by Dr Lissett during discussion of our organisational strategy, which was a later agenda item. Our new organisational strategy sets out our overall direction and priorities; it does not contain specific proposals for service change. We can understand how, taken out of context, that comment may have caused confusion, and we hope the clarification is helpful.
Turning to your specific questions:
Is Torbay and South Devon NHS Foundation Trust formally participating in the Peninsula Pathology Network arrangements connected to Gadeon House?
Yes, we are a partner in the Peninsula Pathology Network, working alongside other NHS organisations in Devon and the wider southwest peninsula. This collaboration supports shared standards, resilience and sustainability across pathology services, which are essential to patient care.
More broadly, pathology services across the NHS are increasingly delivered through networked arrangements. This approach supports quality, resilience, and the ability to provide specialist services, while ensuring that urgent and clinically essential elements of care continue to be delivered locally.
Gadeon House is a building on the outskirts of Exeter which is owned by Torbay Council.
Are any pathology, laboratory, diagnostic, administrative, or support services currently planned to be transferred, consolidated, relocated, or shared through the Gadeon House facility, either fully or partially?
As set out in the Chief Executive's report considered by our Board in public, there is a specific programme of work relating to cellular pathology (histopathology). The Board papers are available on our website.
This specific programme of work follows longstanding concerns about the safety and suitability of our current facilities at Torbay Hospital, including significant estates risks that cannot be mitigated in the longer term.
A time-limited opportunity arose earlier this year to secure national capital funding to address these risks. As a result, a decision was taken, under our established governance arrangements, to develop a new, fit-for-purpose cellular pathology laboratory at Gadeon House in Exeter. We have entered into a lease agreement with Torbay Council in order to deliver this. Separately, Royal Devon University Healthcare NHS Foundation Trust are also entering a lease agreement with Torbay Council for space on other floors in Gadeon House to relocate some of their pathology services.
Our programme involves:
- an initial relocation of cytology services to create capacity on the Torbay site, and
- a planned move of routine cellular pathology work into the new laboratory once it is completed.
It is important to be clear that:
- urgent and time-critical pathology services will continue to be delivered safely from Torbay Hospital through an on-site acute service laboratory, and
- this programme relates specifically to cellular pathology, which is one specialism within our pathology services.
If no service moves are currently proposed, does this statement apply only to immediate operational changes, or also to future strategic plans under the Peninsula Pathology Network programme?
There are no proposals at this time to move other services beyond what is described above.
We continue to work with partners through the Peninsula Pathology Network to consider how services can be made as safe, resilient and sustainable as possible over the long term. As with any NHS organisation, any future changes would be subject to appropriate planning, governance and engagement with staff, patients and communities where appropriate.
Has the Trust entered into any agreements, governance arrangements, financial commitments, workforce planning, or service development discussions relating to Gadeon House?
As part of the Gadeon House development for cellular pathology:
- we have entered into a lease arrangement for the facility (with Torbay Council as the freeholder),
- secured £4.6m of ringfenced national capital funding to support the development, and
- progressed this through our formal governance processes, including executive and Chair approval in line with our standing financial instructions.
Clinical, workforce and operational planning in regards to which other pathology services, notably microbiology and blood sciences, is being scoped with the clinical teams with a view to determining which services can be safely provided from a consolidated laboratory, however, this is at a very early stage and is being developed by the clinical teams with patient safety as a key focus. This is being undertaken in a phased and managed way, with ongoing oversight through our established governance arrangements and continued reporting to the Board in public.
We hope this provides helpful clarity.
We recognise that these are important issues for local people and we remain committed to being open and transparent as our plans develop.
Joe and Kate
Best wishes
Kate
Kate Lissett
Pronouns: She/Her
Chief Medical Officer
Torbay and South Devon NHS Foundation Trust
To: Catherine Lissett
Date: 12 May 2026, 17:22
Good afternoon, Ms Lissett
Thank you for your reply and for taking the time to review the matters we have raised.
We appreciate your willingness to look carefully at both the comments made during the Board meeting on 7 May and the wider programme position before responding substantively. We recognise the importance of ensuring the context and accuracy are properly understood.
Our hope is that this can lead to a constructive and open dialogue, as we genuinely believe a shared understanding of the issues is in everyone's best interests. We would very much welcome the opportunity to meet with you in person at an appropriate stage, as we feel a face-to-face discussion may help provide clarity and avoid any unintended misunderstandings that can sometimes arise through correspondence alone.
Thank you again for your consideration, and we look forward to hearing from you further.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: Catherine Lissett, Chief Medical Officer, Torbay and South Devon NHS Foundation Trust (catherine.lissett@nhs.net)
To: Susie Colley (chair@tqcc.co.uk)
Subject: RE: Request for Clarification Regarding Gadeon House and Peninsula Pathology Network
Dear Mrs Colley
Thank you for your email.
I am reviewing the points you raise, including the comments made at the Board meeting in public on 7 May. I will respond fully once I have had the opportunity to confirm the precise context and accuracy of the Board discussion and the current programme position.
I will come back to you with a substantive response
Best wishes
Kate
Kate Lissett
Pronouns: She/Her
Chief Medical Officer
Torbay and South Devon NHS Foundation Trust
To: Catherine Lissett
Date: 9 May 2026, 15:57
Good afternoon Ms Lissett,
I am writing to seek clarification regarding the relationship between Torbay and South Devon NHS Foundation Trust and the pathology consolidation programme associated with Gadeon House in Exeter.
From publicly available information, it appears that Gadeon House is being developed as part of the Royal Devon-led NHS pathology consolidation facility for the wider Peninsula Pathology Network, and that Torbay and South Devon NHS Foundation Trust may be a participating member of that network. However, during the Board Meeting held in public on Thursday 7 May 2026, it is my understanding that you stated there were "no proposals to move any services."
In light of this, I would be grateful if you could clarify the following:
- Is Torbay and South Devon NHS Foundation Trust formally participating in the Peninsula Pathology Network arrangements connected to Gadeon House?
- Are any pathology, laboratory, diagnostic, administrative, or support services currently planned to be transferred, consolidated, relocated, or shared through the Gadeon House facility, either fully or partially?
- If no service moves are currently proposed, does this statement apply only to immediate operational changes, or also to future strategic plans under the Peninsula Pathology Network programme?
- Has the Trust entered into any agreements, governance arrangements, financial commitments, workforce planning, or service development discussions relating to Gadeon House?
Given the level of public interest and the comments made at the Board Meeting, I believe clarification would help avoid misunderstanding regarding the Trust's current position and future intentions.
I would appreciate any information you are able to provide. Perhaps it would be helpful if you had time in your busy schedule to meet with us so we could help allay the fears of the public?
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status: Campaign clarification letter sent 9 May 2026 to Catherine Lissett directly. Holding acknowledgement received 12 May 2026 at 15:54. Campaign replied the same day at 17:22 requesting a face-to-face meeting. First substantive Trust response received 19 May 2026 at 14:47, signed jointly by Joe Teape (CEO) and Kate Lissett (CMO). Campaign followed up the same day at 15:12 pressing on the apparent contradiction between "no proposals at this time" and the active strategic development confirmed. Second substantive Trust response from Kate Lissett alone received 2 June 2026 at 11:11, with verbatim extract of the 7 May Board papers appended. The 2 June response provided significant new factual disclosures including: £4.6m ring-fenced NHS England Estates Safety Funding capital with a 31 March 2026 expenditure deadline; 15-year lease with Torbay Council with a 10-year break option; cytology services relocating to Royal Devon University Healthcare NHS Foundation Trust (not to Gadeon House); CEO and Chair approval given under "urgent decision-making arrangements" on 26 March 2026, six days after pathology staff received the CEO's email about the preferred option. Lissett drew a technical distinction between "strategy" (active modelling) and "Board-approved proposals" (cellular pathology only). The campaign followed up the same day (4 June 2026 at 12:55) pressing on six specific gaps including the lack of detail on clinical consultation, the absence of options appraisal methodology, the timing of the decision relative to staff communications, the meaning of "no further Board-approved proposals" in light of ongoing Peninsula Pathology Network scoping, and the Trust's assertion that this does not constitute major service change. The campaign also requested the underlying documents (options appraisal, business case, risk assessments, clinical feedback summaries, EqIAs, QIAs, minutes recording clinical feedback). Awaiting Trust response to the 4 June follow-up.
Distribution:
- Sent to: Joe Teape (Trust CEO), Chris Balch (Trust Chair)
- CC list (added by Trust on 1 May): Cat Johns (Torbay Council), David Thomas (Torbay Council), Phil Keeling, Torre and Upton, Sally Allen Gerard, Nicole Amil, David Simmonds MP, Steve Darling MP, Steve Race MP, Martin Wrigley MP, Caroline Voaden MP, Mark Hawkins (Rowcroft Hospice)
The campaign's original questions (17 April 2026):
- Which specific elements of the draft Trust strategy are directly required by, or flow from, the NHF
- Which elements represent local policy discretion, interpretation, or independent strategic choice
- If proposals relating to cardiac services are being justified by reference to the NHF, the exact NHF provisions being relied upon, with explanation of how those provisions support the proposed changes and supporting clinical or policy rationale
- How the requirement for "thorough and transparent community involvement" has been met in relation to any proposed service changes
- An impact assessment of call-to-balloon times for South Devon patients, including any changes over time and comparisons with national benchmarks
What the Trust CEO confirmed (1 May and 18 May 2026, combined):
- The draft strategy is principles-based; it does not contain service-specific proposals or decisions
- The NHF aligns with the strategy in respect of neighbourhood-based care, community services, and outpatient reform
- The NHF does not mandate or imply reconfiguration of acute, emergency, inpatient or tertiary services
- The NHF "does not impose statutory, mandatory, or binding requirements" on the Trust
- There are "no obligations" on the Trust "currently in place" arising from the NHF
- The draft strategy does not include proposals relating to cardiac services and no clinical services or specialisms are named, singled out, or implied
- "There are no service changes proposed by us as a consequence of the NHF"
- References in the strategy to specialist or acute services being delivered in networked ways are explicitly framed as a matter of local clinical safety, workforce sustainability, and affordability, not as a requirement from national policy
- Wider engagement on the draft strategy had not commenced before the 7 May Board meeting; subject to Board approval, the Trust intended to undertake "community conversations" in each of the five neighbourhoods over the summer
- "Not all service changes require formal public consultation"; formal consultation is required where proposals constitute a "substantial variation in service" assessed against recognised criteria
- Workforce matters, including staffing, morale and remuneration, are "subject to established internal governance" with "constructive and consistent engagement" with staff-side representatives
- For "definitive responses regarding the framework itself", the campaign is directed to NHS England and the Devon Integrated Care Board
The four future-facing questions the campaign is pressing on (4 June 2026):
- Has the Trust received any indication from NHS England, the Devon ICB, or any other NHS body that future planning guidance, commissioning arrangements, funding mechanisms, contractual requirements, performance frameworks, delivery expectations, or regulatory requirements arising from the NHF may be expected of NHS providers?
- Has the Trust received any indication that compliance with future NHF-related requirements could influence, encourage, incentivise, or necessitate service redesign, service relocation, workforce redistribution, outpatient reform, pathway redesign, or any other service changes at provider level?
- Has the Trust received any assurance from NHS England or the Devon ICB that future NHF implementation will not be used, directly or indirectly, to support business cases, commissioning decisions, service reviews, or proposals affecting acute, emergency, inpatient, specialist, tertiary, or cardiac services?
- If no such assurances have been received, will the Trust acknowledge that it is presently unable to rule out the possibility that future NHF-related planning, commissioning, funding, contractual, or performance requirements could influence future service change proposals?
From: Susie Colley (chair@tqcc.co.uk)
To: Joe Teape, Martin Beaman
CC: Cat Johns (Torbay Council), David Thomas (Torbay Council), David Simmonds MP, Steve Darling MP, Steve Race MP, Martin Wrigley MP, Mark Hawkins (Rowcroft Hospice), Caroline Voaden MP, Phil Keeling, Torre, Sally, Nicole
Subject: RE: NHF and Trust
Good afternoon Mr Teape,
Thank you for your further response.
Having reviewed your reply carefully, I remain concerned that a significant aspect of my original question has not been addressed.
Throughout your correspondence, the assurances provided are framed almost entirely in the present tense. For example, you state that:
- there are currently no requirements arising from the NHF;
- there are currently no service changes proposed as a consequence of the NHF;
- the NHF does not currently mandate service reconfiguration.
While those statements clarify the Trust's present position, my question was directed specifically at the future implications of the Neighbourhood Health Framework once finalised and implemented.
The distinction is important.
I am not seeking confirmation of whether the NHF currently imposes obligations on the Trust. Rather, I am seeking clarification as to whether the Trust has received any indication, advice, expectation, guidance, or assurance regarding the future application of the NHF through NHS England, the Devon Integrated Care Board, or any associated planning and commissioning mechanisms.
Accordingly, I would be grateful if you could provide a direct response to the following questions:
- Has the Trust received any indication from NHS England, the Devon Integrated Care Board, or any other NHS body that future planning guidance, commissioning arrangements, funding mechanisms, contractual requirements, performance frameworks, delivery expectations, or regulatory requirements arising from the NHF may be expected of NHS providers?
- Has the Trust received any indication that compliance with future NHF-related requirements could influence, encourage, incentivise, or necessitate service redesign, service relocation, workforce redistribution, outpatient reform, pathway redesign, or any other service changes at provider level?
- Has the Trust received any assurance from NHS England or the Devon Integrated Care Board that future NHF implementation will not be used, directly or indirectly, to support business cases, commissioning decisions, service reviews, or proposals affecting acute, emergency, inpatient, specialist, tertiary, or cardiac services?
- If no such assurances have been received, will the Trust acknowledge that it is presently unable to rule out the possibility that future NHF-related planning, commissioning, funding, contractual, or performance requirements could influence future service change proposals?
I appreciate that the Trust is not the owner of the NHF and that responsibility for national policy rests with NHS England and the Integrated Care Board. However, as a provider organisation aligning its strategy with the NHF and related national policy, it is reasonable to ask whether the Trust has been given any indication of how those policies may be operationalised in future.
At present, your responses appear to describe only the current position and do not address whether future obligations, expectations, incentives, or requirements may arise through the mechanisms you have identified, namely commissioning decisions, planning requirements, contractual arrangements, funding frameworks, or performance management processes.
I would therefore be grateful for a clear and unambiguous response to the specific future-facing questions set out above.
Thank you for your assistance, and I look forward to your reply.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: Joe Teape, Chief Executive, Torbay and South Devon NHS Foundation Trust (joe.teape@nhs.net)
To: Susie Colley (chair@tqcc.co.uk)
CC: Martin Beaman, Cat Johns (Torbay Council), David Thomas (Torbay Council), Phil Keeling, Torre and Upton, Sally Allen Gerard, Nicole Amil, David Simmonds MP, Steve Darling MP, Steve Race MP, Martin Wrigley MP, Mark Hawkins (Rowcroft Hospice), Caroline Voaden MP
Subject: FW: NHF and Trust
Dear Mrs Colley
Thank you for your further email.
It may be helpful to distinguish clearly between ownership of national policy and the assurances that we, as an NHS provider, can properly give in relation to the Neighbourhood Health Framework (NHF).
Ownership of the NHF
The NHF is a national policy framework developed and owned by NHS England, working with Integrated Care Boards. It is not authored or determined by this Trust. As an NHS provider, our role is to understand national policy direction and to respond through local planning and governance processes; we do not set the framework or determine its national application.
Questions about the intent, status, and future use of the NHF as a policy instrument are therefore most appropriately directed to NHS England and the Devon Integrated Care Board, as policy owners and commissioners for local services respectively.
Position from the Trust's perspective
Within that context, we can provide assurance about what the NHF does and does not mean for us as a provider.
The NHF is a strategic framework setting out national ambitions for neighbourhood-based care. It does not impose statutory, mandatory, or binding requirements on us, nor does it in itself direct service reconfiguration.
Any obligations placed on us as an NHS provider arise only through formal commissioning decisions or nationally mandated planning, contractual, or performance requirements. There are currently no such requirements in place arising from the NHF.
There are no service changes proposed by us as a consequence of the NHF. Should any changes ever be developed locally, they would be subject to appropriate clinical scrutiny, commissioner agreement, governance approval, and where required, statutory engagement and consultation.
The NHF does not mandate, prescribe, or provide justification for changes to acute, emergency, inpatient, specialist, or cardiac services.
Engagement and consultation
The Trust's duties in respect of public involvement are set out in section 242 of the NHS Act 2006 (as amended), which requires NHS bodies to make arrangements to involve patients and the public in the planning of services and in decisions that may affect how services are delivered.
Formal public consultation is required where proposals constitute a substantial variation in service, assessed against recognised criteria including scale, impact on patients and access, clinical risk, and public interest, informed by relevant case law and guidance. Where the legal threshold for formal consultation is not met, we undertakes proportionate engagement appropriate to the nature and impact of the issue, with assurance provided through our clinical, executive and Board governance arrangements.
Workforce matters
We take issues relating to staffing, morale, and remuneration seriously. These matters are subject to established internal governance and are kept under active review. Importantly, this includes constructive and consistent engagement with our staff-side representatives, working in partnership to raise, consider and resolve concerns, with appropriate executive oversight to ensure impacts on workforce sustainability and patient safety are addressed.
We hope this clarifies both our position as an NHS provider and where responsibility properly sits for matters of national NHF policy. For definitive responses regarding the framework itself, we would recommend contacting NHS England or the Devon Integrated Care Board as outlined above.
Kind regards
Joe
Joe Teape
Chief Executive
From: Susie Colley (chair@tqcc.co.uk)
To: Joe Teape, Martin Beaman
CC: Cat Johns (Torbay Council), David Thomas (Torbay Council), Phil Keeling, Torre and Upton, Sally Allen Gerard, Nicole Amil, David Simmonds MP, Steve Darling MP, Steve Race MP, Martin Wrigley MP, Caroline Voaden MP, Mark Hawkins (Rowcroft Hospice)
Good evening,
Thank you for your response.
For clarity and to avoid any further ambiguity, we require a direct answer to the following:
Will the Neighbourhood Health Framework (NHF), once finalised, impose any mandatory, binding, or otherwise enforceable requirements on the Trust that could lead, either directly or indirectly, to changes in acute, emergency, inpatient, or specialist services, including cardiac provision?
Your reply refers to the NHF as a "framework" and states it does not currently mandate reconfiguration. However, it does not address whether the NHF will carry obligations, targets, or expectations that the Trust is required to implement, whether formally or in practice.
Accordingly, please confirm:
- Whether the NHF is purely advisory, or whether it creates obligations (including through NHS England performance, planning, or funding mechanisms) with which the Trust must comply;
- Whether compliance with the NHF, now or in future, could reasonably be expected to necessitate service change of any kind;
- Whether the NHF or related national policy could be relied upon, in whole or in part, to justify future changes to cardiac or other acute services.
In relation to engagement and consultation, you state that not all service changes require formal public consultation. Given the Trust's statutory duties in respect of public involvement, please specify the criteria that will be applied in determining when consultation is required, and how the Trust will ensure those duties are demonstrably met.
Finally, we remain concerned that issues relating to staffing, morale, and the alleged non-payment for additional hours worked have not been substantively addressed. These matters have potential implications for workforce sustainability and patient safety, and we would expect confirmation that they are subject to formal review and appropriate governance oversight.
We would be grateful for a clear and specific response to each of the above points.
Thank you
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
From: Joe Teape, Chief Executive, Torbay and South Devon NHS Foundation Trust (joe.teape@nhs.net)
To: Susie Colley (chair@tqcc.co.uk), Martin Beaman
CC: Cat Johns (Torbay Council), David Thomas (Torbay Council), Phil Keeling, Torre and Upton, Sally Allen Gerard, Nicole Amil, David Simmonds MP, Steve Darling MP, Steve Race MP, Martin Wrigley MP, Caroline Voaden MP
Subject: RE: NHF and Trust
Dear Mrs Colley
Thank you for your email and for setting out your questions so clearly ahead of the Board meeting on 07 May.
We recognise the level of public interest in both the draft Trust strategy and the Neighbourhood Health Framework (NHF) and the importance of clarity about what is, and is not, being proposed at this stage.
Purpose and status of our draft organisational strategy
Our draft strategy is a principles-based document. Its purpose is to set out the overall direction and values that guide how the organisation plans, prioritises, and makes decisions. It does not contain service-specific proposals, decisions or reconfiguration plans and should not be read as doing so.
The strategy has been developed in the context of national policy direction, including the 10 Year Health Plan for England and the Neighbourhood Health Framework (NHF), both of which apply nationally across the NHS. The strategy seeks to align with this national direction while recognising the need for local clinical judgement and decision-making.
Relationship with the Neighbourhood Health Framework
The NHF is a national framework, issued by NHS England, and is reflected in the strategy through its emphasis on neighbourhood-based care, community services, and outpatient reform. This aligns with the NHF's focus on improving access, coordination, and experience of care closer to home where appropriate.
The NHF does not mandate or imply reconfiguration of acute, emergency, inpatient or tertiary services and our draft organisational strategy does not state or suggest that it does. Where the strategy refers to services potentially being delivered differently in future, this is framed at a high-level and principle-based, rather than as a set of predetermined changes.
Cardiac services
The draft strategy does not include proposals relating to cardiac services. No clinical services or specialisms are named, singled out, or implied anywhere in the draft strategy. Cardiac services are not named or referred to, and no element of the NHF, or any other national policy, is being relied upon to justify changes to urgent, emergency, inpatient, or tertiary cardiac provision.
Where the strategy refers in general terms to specialist or acute services being delivered in networked ways, this is explicitly framed as a matter of local clinical safety, workforce sustainability, and affordability, not as a requirement flowing from national policy. Any consideration of change to specific services would require separate, explicit proposals, supported by clinical evidence and subject to appropriate governance and engagement.
National policy and local discretion
In response to your specific questions:
- The draft organisational strategy reflects national policy direction, including the 10 Year Health Plan for England and the NHF, where this relates to neighbourhood care, outpatient reform, and integration with community services.
- Decisions about whether, how or when services may change locally sit outside the strategy itself and would be matters of local clinical judgement, evidence and governance, not automatic consequences of national frameworks.
Engagement, involvement, and consultation
We recognise that wider engagement on our draft strategy has not yet commenced. We are undertaking focused engagement with key stakeholders including governors, our colleagues, primary care colleagues, MPs, Healthwatch and others ahead of the Board meeting in public on 07 May. This reflects the distinction between setting strategic direction and developing specific service proposals.
Subject to Board approval, we intend to undertake a series of community conversations in each of our five neighbourhoods over the summer as the strategy is taken forward.
It is important to be clear that not all service changes require formal public consultation. If and when any specific service proposals are developed in future, the appropriate form of engagement or consultation will depend on the nature, scale, and impact of the proposal, in line with statutory duties and best practice.
Any proposal that would constitute a significant service change would require separate governance, supporting evidence and engagement or consultation as appropriate.
Summary
In summary, the draft strategy sets direction and principles within the context of national NHS policy. It does not mandate or presuppose changes to cardiac services or any other specific area of care, nor does it rely on the NHF to do so. Any future service proposals would be considered on their own merits, with appropriate clinical evidence, governance, and stakeholder involvement.
We hope this provides clarity and supports informed and constructive scrutiny of the draft strategy at this stage.
Kind regards
Joe Teape
Chief Executive
From: Susie Colley (chair@tqcc.co.uk)
To: Joe Teape (Trust CEO), Chris Balch (Trust Chair)
Subject: NHF and Trust
Stated deadline: 30 April 2026
Good afternoon, Gentlemen
I am writing ahead of the Board meeting scheduled for 7 May to request formal clarification regarding the relationship between your draft strategy and the Neighbourhood Health Framework (NHF) issued in March 2026.
As you will be aware, the NHF should be informed by the Joint Strategic Needs Assessment (JSNA) and explicitly requires thorough and transparent community involvement. It also sets out specific service directions, including the development of single points of access and the shifting of certain outpatient follow-up care into neighbourhood settings.
The NHS England National Health Framework does reference cardiology, but only in the context of improving elective and outpatient pathways.
It does not authorise or imply the reconfiguration, relocation, or consolidation of acute, emergency, or inpatient cardiac services.
Any suggestion that the NHF provides a mandate for changes to tertiary or urgent cardiac provision therefore goes beyond its stated scope.
In this context, it is important to distinguish between national policy and locally developed strategy: the Trust's own engagement materials introduce the concept of specialist services operating in networked models for reasons of safety and viability, but do not specify which services this applies to.
Clarification is therefore needed as to whether cardiac services are included within that principle, and if so, on what policy basis and evidential grounds.
In addition please provide an impact assessment of call-to-balloon times for South Devon patients, including any changes over time and comparisons with national benchmarks. This metric is critical, as it directly reflects time to reperfusion within the "golden hour" and offers a clear, measurable indicator of patient outcomes. A transparent analysis of this data will help assess whether current pathways are meeting expected standards and where delays may be occurring.
Given this, I request that you clearly and explicitly set out:
- Which specific elements of the draft Trust strategy are directly required by, or flow from, the NHF; and
- Which elements represent local policy discretion, interpretation, or independent strategic choice.
In particular, if any proposals relating to cardiac services (including but not limited to tertiary provision, interventional services, or structural reconfiguration) are being justified by reference to the NHF, please provide:
- The exact NHF provisions being relied upon.
- A clear explanation of how those provisions support the proposed changes; and
- Any supporting clinical or policy rationale demonstrating that such changes are mandated rather than discretionary.
If no such explicit policy basis exists, this should be clearly stated.
Please confirm how the requirement for "thorough and transparent community involvement" has been met in relation to any proposed service changes of this scale, including details of engagement undertaken to date and any planned consultation.
To be clear, this request seeks to establish a transparent distinction between policy requirements set at a national level and decisions about service reconfiguration made locally. Maintaining this distinction is important to enable effective scrutiny and ensure public accountability.
The request includes internal correspondence that references the NHF in relation to the strategy, records that identify which aspects are mandated nationally versus those determined locally, and any documentation concerning the configuration of cardiac services under the strategy.
I would be grateful for a written response by 30th April.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Elected Governor of Torbay Hospital
Status:
The thread now runs across five letters between the campaign and the Trust:
- 17 April 2026 — Campaign letter to Joe Teape and Chris Balch asking how the Trust's draft strategy relates to the new Neighbourhood Health Framework, with a 30 April deadline.
- 1 May 2026 — Joe Teape responds, one day after the deadline and six days before the 7 May Board meeting.
- 3 May 2026 — Campaign follow-up pressing for direct answers, particularly on whether the NHF could bind the Trust through indirect mechanisms such as NHS England planning, funding, or performance requirements.
- 18 May 2026 — Joe Teape responds a second time, with a more structured reply. He gives clear assurances about the Trust's current position but uses present-tense language throughout.
- 4 June 2026 — Campaign follow-up pressing on the gap: what the Trust expects in future, not what is true today. The letter sets out four specific questions, with the final question asking the Trust to acknowledge, if it has received no future-facing assurances, that it cannot rule out NHF-related influence on future service change.
Where the thread stands: The Trust has committed in writing to a number of useful statements about the present. It has not yet answered the future-facing question. A response to the 4 June letter is awaited. These exchanges form part of the public record on what the Trust has formally committed to, and where the gap remains.
Sent to:
- Chair and Board Members of Torbay and South Devon NHS Foundation Trust
- RDE Trust (Royal Devon University Healthcare NHS Foundation Trust)
- Leader of Torbay Council
- Copied to: John Govett, Mark Hackett, James Murray MP, Phil Keeling, Torre, Sally, Nicole, Cat Johns
The five areas of inquiry:
- Justification for the £7.5m loan: the specific business case; what alternatives were considered; whether any assessment compared the cost of repairing or modernising existing Torbay pathology facilities against relocating to Exeter; and if the concern relates to the condition of the pathology building, why capital investment in the existing Torbay estate was not the preferred option.
- Impact on histopathology and frozen section services: whether the hub would remove, reduce, or relocate histopathology functions currently at Torbay; the assessment of the impact on surgical procedures requiring frozen section analysis; whether patients would be redirected to Exeter or Plymouth; and the modelling undertaken on waiting times, diagnostic delays, theatre utilisation, clinical risk, patient travel, and workforce. The letter asks whether the Trust will publish the full clinical impact assessment.
- Substantial change and public consultation: whether the Trust has considered if the proposal constitutes a substantial development of, or substantial variation in, health services; what legal advice was obtained; whether the ICB and the Health Overview and Scrutiny Committee were consulted; and why there has been no public consultation to date.
- Governance and accountability: who authorised the proposal in principle; which committees, boards, or governing bodies considered it; the dates of discussions; what votes took place; what objections or concerns were raised; with a request for board papers, committee reports, business cases, financial appraisals, clinical impact assessments, risk registers, equality impact assessments, and minutes.
- Edginswell employment land: clarification regarding the disposal of employment-designated land at Edginswell to the Trust, reportedly for use as a car park for at least five years, including why employment land was released for this purpose, what alternatives were considered, what economic impact assessment was undertaken, the governance process followed, and which officers and members approved the transaction.
For the attention of: Chair and Board Members of Torbay and South Devon NHS Foundation Trust, and RDE Trust; Leader of Torbay Council
CC: John Govett, Mark Hackett, FOI teams, NHS Devon Involve, James Murray MP, Phil Keeling, Torre, Sally, Nicole, Cat Johns
Date: 6 June 2026, 15:27
I am writing to seek urgent clarification regarding recent decisions that appear to have significant implications for healthcare provision across Torbay and South Devon, and to request disclosure of the documentation, assessments, business cases, minutes, and decision-making records that informed those decisions.
I understand that Torbay Council has agreed to provide a loan of £7.5 million to the Royal Devon University Healthcare NHS Foundation Trust in connection with proposals for a centralised pathology hub at Gadeon House, Exeter. At the same time, concerns have been raised locally regarding the future of pathology services at Torbay Hospital and the potential consequences for patients requiring urgent histopathology support.
As members of the public, clinicians, patients, and elected representatives seek to understand the rationale behind these decisions, a number of important questions arise.
Justification for the proposed £7.5 Million Loan
- What was the specific business case supporting the decision to provide a £7.5 million loan to another NHS Trust?
- What alternatives were considered?
- Was any assessment undertaken comparing the cost of repairing, upgrading, or modernising existing pathology facilities at Torbay Hospital against relocating services to Exeter?
- If concerns relate primarily to the condition of the pathology building, why was capital investment in the existing Torbay Hospital estate not pursued as the preferred option?
Impact on Histopathology and Frozen Section Services
The histopathology department at Torbay Hospital has long been regarded as a highly efficient and clinically important service.
- Can the Trust confirm whether the proposed pathology hub would result in the removal, reduction, or relocation of histopathology functions currently undertaken at Torbay Hospital?
- Specifically, what assessment has been made of the impact on surgical procedures requiring frozen section analysis during operations?
- If frozen section services are no longer available locally, will patients requiring procedures dependent upon those services be redirected to Exeter or Plymouth?
- What modelling has been undertaken regarding: increased waiting times; delays in diagnosis; theatre utilisation; clinical risk; patient travel burdens; workforce retention and recruitment?
- Will the Trust publish the full clinical impact assessment?
Substantial Change and Public Consultation
The proposed changes appear capable of materially affecting the availability and accessibility of diagnostic and surgical services for residents throughout the Torbay and South Devon catchment area.
- Can the Trust explain whether it has considered whether the proposal constitutes a substantial development of, or substantial variation in, health services?
- What legal advice was obtained?
- Was the Integrated Care Board consulted?
- Was the Health Overview and Scrutiny Committee consulted?
- Why has there been no public consultation to date?
Governance and Accountability
- Who authorised the proposal in principle?
- Which committees, boards, executive groups, or governing bodies considered the proposal?
- On what dates were discussions held?
- What votes took place?
- What objections or concerns were raised?
Please provide copies of: Board papers; Committee reports; Business cases; Financial appraisals; Clinical impact assessments; Risk registers; Equality impact assessments; Minutes of all meetings where these matters were discussed or approved.
Edginswell Employment Land
I also seek clarification regarding the recent disposal of employment-designated land at Edginswell to Torbay and South Devon NHS Foundation Trust.
Public reports indicate that governance processes may have been accelerated and that the intended use of the site is as a car park for a period of at least five years.
Can the Council explain: why employment land was released for this purpose; what alternative sites were considered; what economic impact assessment was undertaken; what governance process was followed; which officers and members approved the transaction? Please provide the relevant reports, delegated decision notices, committee papers, and minutes.
Transparency and Public Confidence
These decisions have the potential to affect healthcare provision for hundreds of thousands of residents across South Devon for many years. The public is therefore entitled to understand whether these proposals are definitive or still under consideration; the anticipated impact on local services; the financial rationale underpinning the decisions; the governance processes followed; and the opportunities available for public scrutiny and consultation.
I would be grateful if the requested documentation could be published or released at the earliest opportunity so that residents may be fully informed of the potential consequences of these proposals.
I look forward to your response.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Status: Sent 6 June 2026 to the Chairs and Boards of Torbay and South Devon NHS FT and RDE Trust, and the Leader of Torbay Council, with the local MP copied in. The letter connects three threads: the reported £7.5m Torbay Council loan to RDE for the Gadeon House pathology hub, the clinical impact on Torbay histopathology and frozen section services, and the separate disposal of Edginswell employment land to the Trust for use as a car park. It asks each organisation to publish the underlying business cases, clinical impact assessments, and governance records, and to confirm whether the changes constitute a substantial variation in service requiring formal public consultation. No response received. This letter is framed as a request for disclosure and may convert into formal FOI requests to each organisation if the documentation is not released.
Parties:
- Dr Phil Keeling (Heart Campaign Committee) submitted the original questions
- NHS Devon ICB communications and engagement team responded on 15 May 2026
- Susie Colley (Campaign Chair) issued the substantive challenge on 4 June 2026
- The ICB offered a Microsoft Teams meeting with Chris Reid on 12, 19, or 26 June 2026
The campaign's eight areas of challenge (4 June 2026):
- "We undertook significant engagement": the phrase is unsupported by dates, locations, methodology, participant numbers, or demographics. The campaign asks for a full schedule of engagement activities and the complete engagement dataset, and for the specific events that informed the Devon Health and Care Strategy and the One Plan for Devon.
- Reliance on the national 10 Year Plan engagement: the campaign asks how engagement on a national NHS policy process can count as engagement on local Devon service transformation, and what local engagement was undertaken specifically on the One Plan before publication. If none, how the ICB satisfied its Section 14Z45 duty.
- The timing issue: the campaign asks for the formal commencement date of the One Plan, what actions have already been undertaken and funded, which commenced before publication, and what public engagement took place before those actions commenced.
- Cancellation of the public meeting: the specific pre-election guidance clause relied upon, why attendance was agreed and then cancelled two days beforehand, why no replacement date was offered, and copies of internal correspondence on the cancellation.
- Consultant recruitment: whether the ICB has assessed if recruitment is being affected by uncertainty over future service configuration, and whether it has received recruitment-concern reports from the three Trusts. The campaign notes the ICB's response treated this as a Trust operational matter rather than the strategic concern it was.
- "No specific decisions about individual hospital services": if no decisions have been made, what options are under consideration, whether any modelling of future service distribution or options appraisals have been completed, which hospital services are under review, and the relevant papers.
- The People and Communities Framework: citing the framework is not evidence the duty was discharged. The campaign asks for Equality Impact Assessments, Public Involvement Impact Assessments, engagement plans, stakeholder maps, participation reports, and Governing Body papers discussing engagement.
- The missing data: the campaign asks for written evidence to support every engagement claim, since without it terms such as "significant engagement", "co-developed", and "public involvement" remain assertions rather than demonstrable facts.
From: Susie Colley (chair@tqcc.co.uk)
To: NHS Devon ICB Involve team
CC: Phil Keeling, Sally, Torre, Nicole, Cat Johns, Andrew, David, John, Georgian
Good afternoon NHS Devon communications and engagement team.
As Chair of the Heart Campaign I have read the reply sent to Dr Phil Keeling, who is part of the Heart Campaign Committee, and it is my opinion that the majority of the responses to the questions contain a number of assertions, references to engagement, and statements of intent, but relatively little evidence.
In my role as Chair from a scrutiny perspective, it leaves several important gaps which are entirely reasonable for the Chair of a campaign or scrutiny group to pursue.
I am concerned that throughout the responses there are repeated references to "significant engagement", "co-development", "opportunities to get involved", and "working with communities", but almost no detail about: who was engaged; when they were engaged; how they were selected; how many people participated; what data was collected; how the findings influenced the final strategy; and why no specific Devon-wide public meetings appear to have taken place before publication.
1. "We undertook significant engagement"
The ICB states it undertook significant engagement as part of the 10 Year Plan development. However no dates, locations, methodology, numbers, or demographic breakdown are given, and no evidence is provided that the engagement specifically addressed the One Plan for Devon or that Torbay residents participated. The phrase "significant engagement" is therefore unsupported.
Please provide a schedule of all engagement activities, with for each: date, location, format, number of participants, organisation responsible, and whether attendance was open to the public. Please provide the full engagement dataset including number of responses, geographic distribution, demographic breakdown, copies of questionnaires, and analysis reports. Please identify which events informed the Devon Health and Care Strategy and the One Plan for Devon, and provide the evidence trail showing how public feedback altered the final documents.
2. Reliance upon NHS England's 10-Year Plan Engagement
This appears to be a conflation. The response states that engagement undertaken for the national NHS 10-Year Plan shaped the Devon strategy and One Plan. Were people consulted on the national NHS plan or on Devon service changes? These are not the same thing. A respondent discussing NHS priorities nationally is not necessarily commenting on Torbay Hospital, Derriford, RDE, service relocation, elective care provision, emergency pathways, or local hospital roles. Please explain how national engagement can be regarded as engagement regarding service transformation in Devon, what specific local engagement was undertaken solely on the One Plan, and, if none, how the ICB satisfied its Section 14Z45 duty.
3. The Timing Issue
Phil asked how we can be 12 months into this plan before it has been published and undergone any public engagement. The central issue remains unanswered: when did implementation begin? Please supply the formal commencement date of the One Plan for Devon, what actions have already been undertaken, what actions have already been funded, which actions commenced prior to publication, and what public engagement took place before those actions commenced.
4. Cancellation of the Public Meeting
Chris Reid had been invited and the ICB had confirmed he would attend a public meeting on 13 April. The meeting was cancelled by the ICB shortly before the event, citing pre-election restrictions. However, Torbay had no local elections. Please provide the specific NHS pre-election guidance relied upon, identify the clause that prevented attendance at a public information meeting, explain why attendance was agreed and then cancelled only two days before the event, explain why no replacement date was offered at the time, and provide copies of internal correspondence relating to the cancellation decision.
5. The Consultant Recruitment Issue
The response sidesteps the question. Phil did not ask who manages consultants. The question was whether the ICB would investigate concerns that consultants are advising trainees not to apply to Torbay Hospital because of perceived future downgrading. The issue is whether uncertainty created by strategic planning is affecting recruitment. Has the ICB assessed whether workforce recruitment is being affected by uncertainty regarding future service configuration? Has it received any reports from Torbay and South Devon NHS FT, University Hospitals Plymouth, or Royal Devon University Healthcare regarding recruitment concerns linked to transformation proposals? Has any workforce impact assessment been undertaken, and if so please provide it.
6. "No Specific Decisions About Individual Hospital Services"
If no decisions have been made, what options are currently under consideration? Has the ICB undertaken any modelling of future service distribution across Devon hospitals? Have any options appraisals been completed? Have any clinical working groups considered relocation, consolidation or reconfiguration of services? If so, please provide the papers. Which hospital services are currently under review?
7. The "People and Communities Framework"
The reply references a framework but provides no evidence of compliance. Merely citing legislation is not evidence that the duty has been fulfilled. Please provide Equality Impact Assessments, Public Involvement Impact Assessments, engagement plans, stakeholder maps, participation reports, and Governing Body papers discussing engagement.
8. The Missing Data
The entire response requires written evidence to support the answers. Without it, terms such as significant engagement, co-developed, public involvement, working with communities, and stakeholder engagement remain assertions rather than demonstrable facts. Please provide a complete schedule of all engagement activities, dates, locations and attendance figures, copies of surveys and consultation materials, the raw and analysed engagement data, evidence showing how feedback influenced the final plans, details of any engagement with Torbay residents, clinicians, patients, voluntary organisations and elected representatives, and copies of any public involvement, equality impact or stakeholder engagement assessments used to demonstrate compliance with Section 14Z45.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: INVOLVE (NHS Devon ICB) d-icb.involve@nhs.net
To: Phil Keeling
CC: Susie Colley (chair@tqcc.co.uk)
Subject: RE: Meeting - 13 April 2026
Dear Phil,
Thank you for your emails dated 14 April 2026 and 22 April 2026. To ensure each of your questions are responded to directly, your questions are highlighted in bold below followed by our response.
1. Has the ICB got a plan to get the management's AND CLINICIANS together to work on the practicalities of improving healthcare over the next 2 decades? If so can we have a timeline?
Yes, we have recently published our Health and Care Strategy and One Plan for Devon, our Five-year commissioning plan. Our future plans align fully with the published NHS 10 year plan.
2. Has the ICB got a timeline to explain the 5y plan to the public and expand on the above? How can we be 12m into this plan before it has been published and undergone ANY public engagement?
We undertook significant engagement as part of the 10 Year Plan development. This helped to shape the development of the health and care strategy and the One Plan for Devon, our five year commissioning plan. The findings from the 10 Year Plan engagement are referenced in both documents.
We remain fully committed to public engagement. In line with national NHS pre-election guidance, we were limited in attending public meetings up until 7 May 2026. However, we will be engaging openly with local communities over the summer in collaboration with Healthwatch to support the implementation and embedding of the Devon Health and Care Strategy and the One Plan for Devon.
3. Can the ICB comment and investigate what is being said by consultant staff at both RDE and Derriford with advising trainee doctors NOT TO APPLY for jobs at TBH as it won't "be a proper hospital soon" given relocation of services?
Operational matters, including recruitment, supervision and advice given to trainee doctors, are led by individual NHS Trusts and managed through their own clinical, workforce and governance arrangements.
We recognise that some people are worried about the future of local hospitals and services. Our published One Plan for Devon sets out how health and care services will need to evolve over the next five years. Our local hospitals play a vital role in our communities and will continue to do so.
We take concerns about workforce confidence and recruitment seriously. While this would be a matter for the relevant Trusts to address directly, we will share this feedback with the ICB workforce team. If you have any specific details, this would help ensure the issue is followed up appropriately.
The questions we received from the Heart Campaign were responded to prior to the public meeting on Monday 13 April 2026. These questions have formed part of the published One Plan for Devon FAQs page.
The One Plan for Devon sets out the overall direction for health and care over the next five years. It does not include specific decisions about individual hospital services but does recognise that delivering sustainable services across Devon will not be possible without transformation. Where any future changes are proposed, these would be led by clinical teams and involve local people before any decisions are made.
ICBs and trusts all have legal duties to involve the public in their decision-making, outlined in the One Devon People and Communities Framework which was co-developed with partners across Devon. The main duties are set out in the National Health Service Act 2006, as amended by the Health and Care Act 2022: section 13Q for NHS England, section 14Z45 for integrated care boards, and section 242(1B) for NHS trusts and NHS foundation trusts. These duties require substantial service change to have transparent public involvement.
We would like to offer you a meeting on MS Teams with Chris Reid, Chief Place and Transformation / Chief Medical Officer for NHS Cornwall, Isles of Scilly and Devon ICB, supported by the Director of experience and engagement. Convenient dates offered: 12 June 9.00-10.00; 19 June 12.15-1.00; 26 June 9.00-10.00.
Kind regards
NHS Devon communications and engagement team
Status:
The thread runs across these stages:
- 14 and 22 April 2026 — Dr Phil Keeling (Heart Campaign Committee) submitted questions to NHS Devon ICB.
- 15 May 2026 — ICB response from the communications and engagement team, asserting "significant engagement" but providing little supporting evidence, attributing engagement largely to the national NHS 10 Year Plan, and offering a Teams meeting with Chris Reid.
- 4 June 2026 — Campaign challenge from Susie Colley, setting out eight areas where the ICB's response relies on assertion rather than evidence, and requesting the underlying engagement schedule, dataset, impact assessments, and the specific pre-election guidance used to justify cancelling the 13 April public meeting.
Where the thread stands: The campaign is pressing the ICB to evidence its public involvement duty under Section 14Z45 with documents rather than language. A Teams meeting with Chris Reid has been offered for June. No written evidence schedule has yet been provided. If the ICB does not produce the underlying engagement records, the matters raised could be converted into formal FOI requests to the ICB.
Sent to:
- James Murray MP
- Copied to: Sally, Phil Keeling, Torre, Nicole
The five specific requests to the MP:
- Seek an explanation from NHS Devon Integrated Care Board, Torbay and South Devon NHS Foundation Trust, and Torbay Council regarding the proposals.
- Request publication of the business cases, clinical impact assessments, equality impact assessments, risk assessments, and governance documentation underpinning these decisions.
- Establish whether the proposals constitute a substantial variation of health services requiring formal public consultation.
- Ensure that any reconfiguration of services complies fully with statutory duties relating to public involvement, transparency, and accountability.
- Consider whether independent review or ministerial scrutiny is warranted before any irreversible decisions are implemented.
From: Susie Colley (chair@tqcc.co.uk)
To: James Murray MP
CC: Sally, Phil Keeling, Torre, Nicole
Date: 6 June 2026, 14:46
Dear James Murray MP,
I am writing to request your urgent assistance regarding a series of decisions being taken by Torbay and South Devon NHS Foundation Trust, NHS Devon Integrated Care Board, and Torbay Council that appear to be contributing to the progressive transfer of acute and diagnostic services away from Torbay Hospital and towards Exeter.
Local residents are increasingly concerned that decisions are being made incrementally, without adequate public scrutiny, consultation, or transparency, resulting in the gradual erosion of services relied upon by communities across Torbay, South Devon and the wider catchment area.
Of particular concern are proposals relating to the centralisation of pathology services in Exeter, supported by a reported £7.5 million loan from Torbay Council to Royal Devon University Healthcare NHS Foundation Trust. Serious questions remain unanswered regarding the financial rationale, clinical impact, governance processes, consultation requirements, and consequences for urgent histopathology and frozen section services that support cancer surgery and other time-critical procedures.
The attached correspondence sets out a number of specific questions that have yet to receive satisfactory answers.
Given the significance of these changes and their potential impact on access to healthcare for hundreds of thousands of residents, I respectfully ask that you:
- Seek an explanation from NHS Devon Integrated Care Board, Torbay and South Devon NHS Foundation Trust, and Torbay Council regarding the proposals.
- Request publication of the business cases, clinical impact assessments, equality impact assessments, risk assessments and governance documentation underpinning these decisions.
- Establish whether the proposals constitute a substantial variation of health services requiring formal public consultation.
- Ensure that any reconfiguration of services complies fully with statutory duties relating to public involvement, transparency and accountability.
- Consider whether independent review or ministerial scrutiny is warranted before any irreversible decisions are implemented.
The cumulative effect of service transfers from Torbay to Exeter has generated considerable concern locally. Public confidence depends upon full transparency and meaningful engagement before decisions of this magnitude are finalised.
I would be grateful for any assistance you can provide and look forward to your response.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
Status: Sent 6 June 2026 to James Murray MP with the 6 June letter to the Trust Boards and Torbay Council attached. The letter requests parliamentary assistance in obtaining explanations and documentation from the three organisations, and asks the MP to consider whether the proposals require formal public consultation and whether ministerial scrutiny is warranted before irreversible decisions are taken. No response received. This letter sits alongside the £7.5m Loan and Edginswell card, which contains the detailed questions referenced here.
Sent to:
- Letter to the Prime Minister (9 June 2026): Keir Starmer MP (Prime Minister), copied to James Murray MP, Matthew Pennycook MP, Joe Teape (Trust CEO), John Govett, Steve Darling MP, Phil Keeling, Torre, Sally, Nicole, Andrew, David, Georgian, John
- Letter to the Health and Social Care Committee (10 June 2026): Layla Moran MP (Chair), Andrew George MP, Danny Beales MP, Beccy Cooper MP, Josh Fenton-Glynn MP, Paulette Hamilton MP, Joe Robertson MP, Greg Stafford MP, Alex McIntyre MP, copied to Steve Darling MP, Phil Keeling, Torre, Sally, Nicole, Andrew, David, Georgian, John
What the campaign is asking for (from the letter to the Prime Minister):
- Full transparency regarding the long-term future of acute services at Torbay Hospital.
- Publication of the evidence supporting any proposed service transfers or reductions.
- Assurance that all consultation and public engagement requirements have been properly fulfilled.
- An independent assessment of the impact on patient access, cancer pathways, emergency care, and healthcare outcomes across South Devon.
- Confirmation that healthcare infrastructure planning is keeping pace with population growth and increasing demand.
What the campaign is asking the Committee to do (from the letter of 10 June):
- Review the concerns outlined in the attached correspondence.
- Seek assurances that all statutory consultation and public engagement requirements have been fully met.
- Support full transparency regarding the future of acute services at Torbay Hospital.
- Encourage independent assessment of the impact that service changes may have on patient access, emergency care, cancer pathways, and healthcare outcomes across South Devon.
- Consider whether current healthcare infrastructure planning adequately reflects the area's growing and ageing population.
From: Susie Colley (chair@tqcc.co.uk)
To: Keir Starmer MP (Prime Minister), James Murray MP, Matthew Pennycook MP
CC: Joe Teape, John Govett, Andrew, Georgian, David, John, Phil Keeling, Nicole, Torre, Sally, Steve Darling MP
Subject: Letter to Keir Starmer and Health and Housing Ministers
Dear Prime Minister,
I am writing on behalf of The Heart Campaign and many residents, patients, carers and clinicians across South Devon who are increasingly concerned about the future of acute healthcare services at Torbay Hospital.
Our campaign is not opposed to NHS modernisation, service improvement or the development of more efficient ways of working. We fully recognise the significant financial and workforce pressures facing the NHS. However, we believe that any reconfiguration of services must be transparent, clinically justified, properly consulted upon and demonstrably improve patient access and outcomes.
We are deeply concerned that a series of proposals affecting key services at Torbay Hospital, including previous plans relating to cardiac services and more recent concerns regarding pathology and histopathology provision, may represent a gradual reduction in the role of the principal acute hospital serving South Devon.
This appears difficult to reconcile with the stated objectives of providing healthcare closer to people's homes. We ask how moving services further away from the communities they serve can improve access for elderly residents, vulnerable patients, carers and those without private transport.
The Heart Campaign is concerned that the cumulative effect of the proposed changes to acute services at Torbay Hospital may constitute a substantial variation in the provision of NHS services. If so, questions arise as to whether the public involvement, consultation and scrutiny requirements contained within the National Health Service Act 2006, as amended, and related regulations have been fully complied with. We therefore seek assurance that all statutory duties relating to patient and public involvement, local authority scrutiny and consultation have been properly discharged before any further significant service changes are implemented.
We are acutely aware of the legislation, and hopefully cite correctly, the relevant Acts below:
National Health Service Act 2006, section 242 (for NHS trusts and foundation trusts) requires involvement of patients and the public in: planning services; developing proposals for service changes; and decisions affecting service operation where those changes affect how services are delivered or the range of services available.
National Health Service Act 2006, section 14Z45 (inserted through the Health and Care Act 2022 for Integrated Care Boards) imposes a similar duty on ICBs to involve patients, carers and representatives when developing proposals for changes to commissioning arrangements that affect service delivery or service availability.
National Health Service Act 2006, section 244 and the associated Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 require consultation with the local authority's health scrutiny function where there is a "substantial development" or "substantial variation" of NHS services. From our understanding this is the provision most often cited when major service reconfigurations are proposed.
Torbay Hospital serves a large and geographically dispersed population across South Devon. The area experiences substantial seasonal increases in demand due to tourism, while extensive housing development continues across the region. Residents are entitled to understand how future healthcare needs will be met and how neighbouring hospitals in Exeter and Plymouth could absorb additional demand when they already face significant pressures.
Our campaign has engaged extensively with local processes. We have submitted more than forty Freedom of Information requests, attended scrutiny meetings, organised numerous public meetings involving patients and clinicians, and sought constructive dialogue with decision-makers. Despite these efforts, many fundamental questions regarding the future of acute services remain unanswered.
We are therefore requesting ministerial intervention to ensure:
- Full transparency regarding the long-term future of acute services at Torbay Hospital.
- Publication of the evidence supporting any proposed service transfers or reductions.
- Assurance that all consultation and public engagement requirements have been properly fulfilled.
- An independent assessment of the impact on patient access, cancer pathways, emergency care and healthcare outcomes across South Devon.
- Confirmation that healthcare infrastructure planning is keeping pace with population growth and increasing demand.
The people of South Devon are not seeking special treatment. They are seeking reassurance that they will continue to have reasonable access to safe, timely and effective acute healthcare close to the communities they live in.
We respectfully ask for your urgent attention to this matter before any further significant changes are made.
Kindest regards
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
From: Susie Colley (chair@tqcc.co.uk)
To: Layla Moran MP, Andrew George MP, Danny Beales MP, Beccy Cooper MP, Josh Fenton-Glynn MP, Paulette Hamilton MP, Joe Robertson MP, Greg Stafford MP, Alex McIntyre MP
CC: Steve Darling MP, Andrew, David, Georgian, John, Phil Keeling, Sally, Torre, Nicole
Subject: Urgent Parliamentary Scrutiny Required Regarding Acute Services at Torbay Hospital
For ease of reference, I have reproduced below in full the correspondence submitted to the Prime Minister on behalf of The Heart Campaign and concerned residents across South Devon.
Dear Members of the Health and Social Care Committee,
I am writing as Chair of The Heart Campaign in Torquay, South Devon to seek your assistance and scrutiny regarding growing concerns over the future of acute healthcare services at Torbay Hospital.
I attach below a detailed letter that was sent to the Prime Minister outlining concerns shared by patients, carers, clinicians and residents across South Devon regarding a series of proposed and potential service changes affecting Torbay Hospital.
This is not a party-political issue. Access to safe, timely and effective healthcare is a matter that affects every constituent regardless of political affiliation. We therefore ask Members of the Committee from all parties to consider the issues raised and to support transparency, accountability and proper public engagement before any further significant changes are made.
Torbay Hospital serves a large, ageing and geographically dispersed population. South Devon also experiences substantial seasonal demand through tourism and continuing population growth through major housing development. Against this backdrop, there is increasing public concern regarding the cumulative impact of service transfers and reductions affecting the area's principal acute hospital.
Our campaign fully recognises the financial and workforce pressures facing the NHS and supports service improvements where these are clinically justified and demonstrably beneficial to patients. However, we believe that any significant reconfiguration of services must be supported by clear evidence, full transparency and compliance with all statutory duties relating to consultation and public involvement.
We are particularly concerned that the cumulative effect of recent and proposed changes may amount to a substantial variation in NHS services, raising important questions regarding public consultation, scrutiny and patient engagement requirements under the National Health Service Act 2006 and subsequent legislation.
Over recent years, The Heart Campaign has worked constructively with local NHS organisations, attended public meetings and scrutiny committees, organised community engagement events, and submitted more than forty Freedom of Information requests. Despite these efforts, many questions about the long-term future of acute services at Torbay Hospital remain unanswered.
We therefore respectfully ask members of the Health and Social Care Committee to:
- Review the concerns outlined in the attached correspondence.
- Seek assurances that all statutory consultation and public engagement requirements have been fully met.
- Support full transparency regarding the future of acute services at Torbay Hospital.
- Encourage independent assessment of the impact that service changes may have on patient access, emergency care, cancer pathways and healthcare outcomes across South Devon.
- Consider whether current healthcare infrastructure planning adequately reflects the area's growing and ageing population.
The residents of South Devon are not seeking preferential treatment. They are seeking reassurance that essential acute healthcare services will remain accessible to the communities that depend upon them and that any significant changes will be subject to proper scrutiny and public accountability.
I would be grateful if Committee members could give this matter their urgent consideration and advise whether any further information would assist.
Thank you
Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital
Status: This is the campaign's escalation from local and constituency-MP level to national government. On 9 June 2026 the campaign wrote directly to the Prime Minister, Keir Starmer, copied to James Murray MP and Housing Minister Matthew Pennycook MP, setting out the three statutory duties it says must be complied with (Sections 242, 14Z45, and 244 of the NHS Act 2006 and the 2013 health scrutiny regulations) and requesting ministerial intervention. On 10 June 2026 the campaign forwarded that letter to members of the House of Commons Health and Social Care Committee, asking the Committee to scrutinise whether statutory consultation requirements have been met. The central argument across both letters is that the cumulative effect of service changes at Torbay Hospital (cardiac, then pathology and histopathology) may amount to a substantial variation requiring formal public consultation. No response received from either the Prime Minister or the Committee.
FOI Contact Information
To submit Freedom of Information requests to the relevant organisations:
- Royal Devon University Healthcare NHS Foundation Trust:
Email: rduh.foi@nhs.net - Torbay and South Devon NHS Foundation Trust:
Visit: Freedom of Information page - NHS Devon ICB:
Email: d-icb.foi@nhs.net
All documents obtained through legitimate Freedom of Information requests.
Documents are provided for transparency and public interest in cardiac healthcare services across Devon.

