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RDF4140-26 / TSD10426  ·  Status: REFUSED under Section 40(2)  ·  Blanket refusal; candidate for internal review
RDF4140-26 / TSD10426 Torbay & South Devon NHS FT / RDE / SWASFT
REFUSED s40(2)

Full Divert Log - Cath Lab Outage and Teignmouth Patient Transfer

Submitted: 12 March 2026 | RDE acknowledged: 13 March 2026 (RDF4140-26) | TSD response received: 21 April 2026 (TSD10426)
Context: Submitted alongside the transfer handling FOI (RDF4139-26). Where that request asks what happened and why, this one requests the raw documented evidence: the actual divert log, SWAST triage notes, and cross-trust communications. Together the two requests cover both the decision-making record and the operational record. NHS Devon ICB is not included in this request as they would not hold operational divert documentation.
Why This Matters: The Trust's incident response (12 March, 17:17) gave a narrative account of what happened during the outage. Divert logs and SWAST records are the contemporaneous documented evidence against which that narrative can be tested. If the logs show a transfer request was made and declined, that contradicts the Trust's account that RDE "offered support." If they show no transfer was requested, that contradicts the patient case reported to the campaign.

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 (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 with personal identifiers removed; and 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.

TSD Refused Disclosure on Section 40(2) Grounds (21 April 2026): Torbay and South Devon NHS Foundation Trust applied Section 40(2), citing the first data protection principle and stating that disclosure would be "likely to identify the individual concerned." This is treated by the Trust as an absolute exemption not subject to the public interest test. The Trust applied a single blanket refusal across the whole request, including the divert log timestamps and operational records that contain no personal data, and did not address each of the three items separately.

Grounds for potential internal review challenge:

  • The original request was specifically structured to separate operational records from any potentially identifying clinical information
  • SWAST clinical triage notes were explicitly requested with personal identifiers removed, 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

From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10426
Signed by: Sarah Goss, Data Protection Lead

Dear Susie,

We are writing to confirm that we have now completed our search for the information you requested.

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 be 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".

Section 1 of the Data Protection Act 1998 defines personal data as information which relates to a living individual who can be identified from that data.

This exemption is an absolute exemption that is not subject to the public interest test.

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.

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 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 blanket exemption is a candidate for internal review on the grounds set out above. Substantive responses from RDE (RDF4140-26) and SWASFT remain awaited as separate organisations. SWASFT's response is likely to be particularly significant, as the ambulance service holds dispatch and handover records independent of either hospital's account.

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