Campaign Launched After ICB Bypasses Legal Consultation Requirements

The ICB appears to have violated the NHS Act 2006 by failing to consult the public. Now a campaign demands answers before the July 31 deadline.

To continue the very important issue which I drew your attention to in my last column, I would also like to bring you up to date.

Firstly, several of us have started a campaign to save our VITAL Cardiac Unit at Torbay Hospital. 

Whilst collecting signatures to stop this, what appears to be, a Machiavellian initiative, I have been shocked to find that GPs are also largely unaware of the proposed closure, as well as the community. 

It beats me as to why the ICB (Integrated Care Board) has tried to close this unit under the radar. That said, it might be because they do not appear to have undertaken a public consultation which would be in breach of the majority of the NHS Act 2006 and updated in the Health and Care Act 2012. Obviously, they might be able to substantiate that they are not in breach and so we are asking for clarification.

Set out below is a letter from Susie Colley, our appointed chairman of the campaign, to the chairman of the ICB asking for clarification.

Dear Mr Orford,

As chairman of Torbay Hospital's Heart Campaign, set up to save our emergency cardiology service, I would like to invite you to a public meeting at the Hilton Hotel, The Terrace, Torquay TQ1 1DP Torquay at 5.30pm on Friday, 27th June.

As there is such widespread concern in our area about the proposed change to the emergency treatment for heart attacks, we request that you or another member of the ICB come to witness the strength of feeling among the residents in Torbay Hospital's catchment area.

This would also be an opportunity for you or one of your colleagues to explain your case for making the change to the audience. As there has not been any formal public consultation, we consider it necessary to arrange this meeting. We believe that it is essential that the ICB is fully aware of public opinion before you make any decision either for a pilot scheme or permanent change to Torbay Hospital's cardiology service.

In the meantime, we would be grateful if you could answer the following questions:

A Cardiology Update sent out in February 2025 stated that it was hoped that the proposed change would "improve access and equity" for patients. How will it be beneficial for Torbay Hospital's patients when according to cardiologists, the longer journey involved in taking heart attack patients to Exeter will lead to worse outcomes as every minute counts in this emergency treatment?

1. What data has been used by the ICB to formulate the plan to change this service? What successful model elsewhere in the country are you drawing on? Has there been a Quality Impact Assessment done of what the transfer of this service will mean for patients in the Torbay area? If it has, we would like to see this assessment.
2. Has a Quality Impact Assessment been done on the effect of taking ambulances out of the Torbay area to transfer cardiology patients to Exeter when ambulance services are already severely stretched? If it has, we would like to see this assessment.
3. Who will make the final decision on the proposed change and what are the criteria they use to decide? Which public bodies have been advised of the decision-making process?
4. Why has there been no formal public consultation before a pilot scheme or permanent change is made to this cardiac service? (Please see attached document setting out the legal requirement for public consultation before making a significant change to an emergency cardiac department as stated in the NHS Act 2006 and updated in the Health and Care Act 2012).
5. Please confirm the date, time and venue of the next ICB meeting. As it is open to the public where and when will you publicise these details?

We look forward to receiving your response to our invitation to the public meeting and your answers to our questions.

Yours sincerely,

Susie Colley

Chairman Torbay Hospital Heart Campaign

This is the summary of the relevant points taken directly from The NHS Act 2006 setting out the general duties that apply to an ICB in exercising its functions:

1. The duty to bring improvement in the quality of services.

2. The duty to reduce inequality of access and outcomes.

3. The duty to obtain appropriate advice.

4. The duty to promote research and its use in health services.

5. The duty to have regard to the likely effect of decisions on health and wellbeing, quality of services, and efficiency and sustainability of resources (the ‘triple aim’).

6. The duty to involve patients and the public in decisions that affect them.

7. The duty to act with a view to enabling patients to make choices with respect to aspects of the health services provided to them.

I cannot emphasise how important it is to save the Cardiac Unit at Torbay Hospital. As I am sure you all know, this facility is vital to the community as every lost minute before receiving treatment, makes the difference between life and death – and the time in getting to the Royal Devon & Exeter Hospital will most likely result in death. 

So, anyone who hasn’t signed the petition to keep the Cardiac Unit open, please do so as soon as possible.

Importantly, it is crucial we maintain Torbay Hospital’s acute status, but without the Cardiac Unit, that will go. One doctor has even said that the proposed changes would lead to the end of orthopaedics too, as it would not be safe to undertake surgery without emergency cardiac support. The situation couldn’t be more serious, so please help in any way you can.