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Status: AWAITING RESPONSE  ·  Submitted 9 November 2026, reference awaited  ·  Response due by 7 December 2026
Pathology decision FOI (ref awaited) Torbay & South Devon NHS FT
AWAITING RESPONSE

The Board decision record behind the cellular pathology move to Gadeon House

Submitted: 9 November 2026 | Response due by 7 December 2026 | Covers 1 October 2025 to the date of the request
Why this matters: This request goes to how the move of cellular pathology to Gadeon House was actually decided, and by whom. It asks for the minutes of the private Board session of 26 March 2026 at which the relocation or its business case was approved, the authority for any decision taken by another route, and the resolution that excluded the public from that item. It then asks for the business case and the assessments behind it, the Trust's bid to NHS England for Estates Safety Fund capital, and the record of how the Board considered its duties to involve the public and assess equality impact. Finally it asks how the March decision connects to the "joint Full Business Case" the Chief Executive referred to on 5 November 2026, and when that case is due to return to the Board.
Related requests: This request builds on the campaign's other pathology and Gadeon House items. See TSD10513 (pathology business cases, modelling and decision-making records), TSD10612 (cellular pathology relocation, clinical impact and scrutiny), TSD10884 (the Gadeon House lease), the pathology travel and equality FOI, and the Board papers review FOI, which covers the 5 November papers this request refers to.

What the request asks for

The request is in three parts. Part 1 seeks the decision itself, meaning the minutes of the private (Part 2) Board session at which the relocation or its business case was approved, the record and authority for any decision taken by a committee or by Chair's action instead, and the resolution excluding the public with its recorded reasons. Part 2 seeks the papers considered, meaning the business case and options appraisal, the equality, quality and clinical risk assessments, the Trust's bid to NHS England for Estates Safety Fund capital of £4.6m with the approval letter and conditions, and the record of the Board's consideration of its duties under section 242 of the NHS Act 2006, of health scrutiny engagement, and of the Public Sector Equality Duty. Part 3 seeks the joint Full Business Case, meaning its scope and relationship to the March 2026 case, the terms of reference, membership and papers of the joint Programme Board with the Royal Devon, the Peninsula Pathology Network Target Operating Model and the record of its approval, and the date and forum at which the joint case will return to the Board. The full request is reproduced below.

From: Susie Colley, Director, Save Torbay Hospital Ltd, and Chair of Save Torbay Hospital
To: the Freedom of Information Officer, Torbay and South Devon NHS Foundation Trust
Copied to: the Chief Executive and Members of Parliament

Dear Freedom of Information Officer,

I am writing to request the following information under section 1 of the Freedom of Information Act 2000. Covering the period 1 October 2025 to the date of this request, please provide:

1. The decision

  1. The minutes of any private (Part 2) session of the Board of Directors on 26 March 2026, or on any other date, at which the relocation of cellular pathology (histopathology) to Gadeon House, Exeter, or the associated business case was considered or approved.
  2. If the decision was taken by any other route (a committee, the Executive Committee, Chair's action or urgent decision procedure), the record of that decision and the authority under which it was taken.
  3. The Board resolution excluding the public from that item, and any recorded reasons for treating it as confidential under section 1(2) of the Public Bodies (Admission to Meetings) Act 1960.

2. The papers considered

  1. The business case (outline or full) and options appraisal for the Gadeon House relocation.
  2. Any equality impact assessment, quality impact assessment and clinical risk assessment relating to it.
  3. The Trust's bid to NHS England for Estates Safety Fund capital (£4.6m), and NHS England's approval letter and any conditions attached.
  4. Any record of the Board's consideration of its duties under section 242 of the NHS Act 2006, of any referral to or engagement with the local authority health scrutiny committees, and of its Public Sector Equality Duty, in relation to this decision.

3. The joint Full Business Case

  1. Any document setting out the scope of the "joint Full Business Case" referred to in the Chief Executive's letter of 5 November 2026, and how it relates to the business case approved in March 2026.
  2. The terms of reference, membership, and minutes and papers of the joint Programme Board with Royal Devon University Healthcare NHS Foundation Trust, referred to in the Chief Executive's reports of 3 September and 5 November 2026.
  3. The Peninsula Pathology Network Target Operating Model, which the Board was told in March 2026 had been approved, and the record of its approval.
  4. The date on which, and the forum in which, the joint Full Business Case is scheduled to be considered by the Board.

If any of this information is commercially sensitive or relates to individuals, please redact only those parts and disclose the rest, rather than withholding whole documents. If you consider any exemption applies, please state which, and explain how you have weighed the public interest. The relocation of a hospital service has been the subject of significant public concern across Torbay and South Devon.

If any part of this request is unclear, or would exceed the cost limit, please contact me under your section 16 duty to advise and assist, so I can refine it, rather than refusing it outright.

I would prefer to receive the information electronically, at the email address below. I look forward to your response within 20 working days, as required by the Act.

Many thanks, regards

Susie Colley
Director, Save Torbay Hospital Ltd

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 7 December 2026. Where the Trust relies on an exemption, the request asks it to name the exemption, weigh the public interest, and release the remainder rather than withholding whole documents. If any part would exceed the cost limit, the Trust is asked to advise under its section 16 duty rather than refuse outright. When the Trust issues a reference or responds, this item will be updated. Any reference, refusal notice, disclosure or set of Board minutes will be recorded here.

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