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Status: AWAITING RESPONSE  ·  Submitted 2 November 2026, reference awaited  ·  Response due by 30 November 2026
Board papers FOI (ref awaited) Torbay & South Devon NHS FT
AWAITING RESPONSE

Fire enforcement, ward capacity, capital funding and engagement in the 5 November Board papers

Submitted: 2 November 2026 | Response due by 30 November 2026 | A documentary review of the Trust's published Public Board papers of 5 November 2026
Why this matters: The Trust's published Public Board papers of 5 November 2026 run to 584 pages and, in a handful of them, set out the fire enforcement position on the Tower Block, a series of ward and clinical service moves, the capital picture for Gadeon House and the Tower Block, and the engagement decisions behind each move. This request is a documentary review of those published papers. It asks the Trust to produce the records that sit behind the summary figures, namely the fire and CQC notices and their evidence, ward-by-ward bed numbers before and after each move, the capital cost plans and the working behind the headline funding gap, and the equality, quality and consultation assessments for each move.
Related requests: This request draws together threads tracked separately elsewhere. See the Tower Block, Simpson Ward and public involvement item, the fire service and Trust fire safety records requests, and the Gadeon House items TSD10884 and Funding the Gadeon House Move.

What the request asks for

The request is in four parts, keyed to specific pages of the Board papers. Part A seeks the fire notice, the Care Quality Commission section 29A notice, the technical evidence behind them, any occupancy limits set for the affected wards, the representations the Trust made to the CQC on 20 October 2026, and any CQC decision on those representations. Part B seeks commissioned, physical, open and staffed bed numbers for each affected ward, named down to Simpson, Harbourne, Midgley, Cromie, Allerton and EAU4/MAU, at four points in time, reconciled to the 382-bed winter baseline and the 412-bed demand model. Part C seeks the Gadeon RIBA Stage 3 cost plan and affordability bridge, the Tower Block fire and structural backlog cost plan, its funding approvals and unfunded balance, and the working behind the £3.7m gap and the £1m. Part D seeks, for each move, the documented decisions on involvement, the equality and quality impact assessments, and the consultation-screening rationale, including any assessment under section 242 of the National Health Service Act 2006. The full request is reproduced below.

From: Susie Colley, Director, Save Torbay Hospital Ltd, and Chair of Torquay Chamber of Commerce
To: Freedom of Information Team, Torbay and South Devon NHS Foundation Trust
Copied to: Members of Parliament and the campaign's legal advisers
Subject: Request for information: fire enforcement, ward capacity, capital funding and engagement

Good afternoon,

I request the recorded information below under section 1 of the Freedom of Information Act 2000 (FOIA). I make this request as Chair of Save Torbay Hospital. Please handle any environmental information under the Environmental Information Regulations 2004.

Page references are to [Torbay and South Devon NHS Foundation Trust, Public Board of Directors papers, 5 November 2026, PDF (584 pages; main agenda and appended information pack). Page numbers below are physical PDF pages unless otherwise indicated. This is a documentary review of the published papers, not a record of decisions taken at the future 5 November meeting.], called "the Source Document" below. "The Moves" means the ward and clinical service moves described at pp.132-133 and 135, whether made, under way or planned.

Part A: Fire enforcement and CQC notice (pp.123, 131-132)

Please provide:

  1. The complete signed fire notice, with all schedules, and any notice that amends, extends, withdraws or replaces it.
  2. The complete Care Quality Commission (CQC) notice issued under section 29A of the Health and Social Care Act 2008, with all schedules.
  3. The technical evidence relied on by the issuing bodies or the Trust. This includes fire risk assessments, surveys, engineering reports and inspection findings.
  4. Any occupancy thresholds, limits or conditions set or proposed for the affected wards or buildings, with the documents that set them and the body that set them.
  5. The representations made to the CQC on 20 October 2026, with all attachments.
  6. Any CQC decision or response on those representations held when you answer this request. I understand a decision may follow 17 November 2026.

Part B: Bed capacity (pp.132-133, 248)

Please provide:

  1. Commissioned, physical, open and staffed beds for each ward, as a separate figure for each measure, at each of these points:
    • 1 October 2026
    • immediately before each of the Moves
    • immediately after each of the Moves
    • the planned reopening of each affected ward
  2. Those figures specifically for Simpson, Harbourne, Midgley, Cromie, Allerton and EAU4/MAU, in addition to any other affected ward.
  3. Any reconciliation of those ward figures to the 382-bed winter baseline and the 412-bed demand model. If no reconciliation exists, please provide the ward-level figures and assumptions used to produce the 382 and 412 totals.

Please supply the figures in a spreadsheet, or in a similar reusable format, under section 11 FOIA.

Part C: Capital (pp.134, 162)

Please provide:

  1. The RIBA Stage 3 cost plan for Gadeon.
  2. The Gadeon affordability bridge, including funding sources, eligible expenditure, timing and Stage 4 assumptions.
  3. Separately from Gadeon, the Tower Block fire and structural backlog cost plan.
  4. For that Tower Block plan, all funding approvals, any conditions attached to them, and the current unfunded balance.
  5. The recorded information showing whether the £3.7m gap is stated before or after the £1m. Please include the calculation or working paper behind the £3.7m figure.

Part D: Engagement and assessments (p.135)

This request does not assume that every temporary clinical move required formal consultation. It seeks the record of how the Trust reached its decision on each move.

For each of the Moves, please provide:

  1. Documented decisions on patient, staff and public involvement, including who made each decision and when.
  2. The equality impact assessment and the quality impact assessment.
  3. The consultation-screening rationale. This includes any assessment under section 242 of the National Health Service Act 2006, and any consideration of whether to notify or consult local authority health scrutiny.

If no record exists for a particular move, please say so for that move.

Handling of this request

Please respond promptly and within 20 working days, as section 10 FOIA requires, and confirm whether each numbered item is held.

  • Published material: if you rely on section 21, please give the exact link and page for each item.
  • Cost limit: if you estimate that section 12 applies, please contact me before refusing and give advice under section 16. My order of priority is Parts A, B, C and D.
  • Exemptions: if you withhold anything, please name the exemption and set out any public interest test for that item. Please release the remainder.
  • Redactions: staff names below senior level may be redacted. Commercial redactions should be line by line, so that totals and funding sources remain visible.

This request covers no patient-identifiable information. Please send the response to me by email, with documents as searchable PDFs.

Many thanks, Kindest regards

Susie Colley
Director, Save Torbay Hospital Ltd
Chair of Torquay Chamber of Commerce

What happens next

The Trust must respond under section 10 of the Freedom of Information Act 2000, normally within 20 working days, which sets the deadline at 30 November 2026. The request asks the Trust to confirm for each numbered item whether it is held, to cite the exact link and page for anything it says is already published, and to contact the campaign before refusing on cost grounds rather than refusing outright. When the Trust issues a reference or responds, this item will be updated. Any reference, refusal notice, disclosure or spreadsheet of the bed-capacity figures will be recorded here.

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