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TSD10523  ·  Status: INTERNAL REVIEW UPHELD  ·  Trust now confirms it holds information but maintains refusal; ICO route open
TSD10523 Torbay & South Devon NHS FT
INTERNAL REVIEW UPHELD

Ten-Year Account of Services Reduced, Relocated, Outsourced, or Withdrawn from Torbay Hospital

Submitted: 26 April 2026 | Trust acknowledged: 29 April 2026 | Trust response: 27 May 2026 ("not held") | Campaign clarification: 4 June 2026 | Internal review outcome: 3 July 2026 (refusal upheld)
The ground has changed. The refusal has not. On 27 May 2026 the Trust said "we do not hold this information", on the basis that services are commissioned by others. On internal review, completed 3 July 2026, the Trust says something different: "The Trust does hold some information relating to services that are no longer provided by the Trust or where service delivery arrangements have changed." It refuses anyway. The new reasons are that the information is not in a single central record, that finding it would mean reviewing committee papers, Board reports, service review documentation and business cases across different parts of the organisation, and that partial disclosure "could create a misleading picture of service provision at Torbay Hospital".
The review was carried out by the officer who signed the original refusal. The 27 May 2026 response was signed by Sarah Goss, Data Protection Lead. The internal review states: "The internal review was carried out by Sarah Goss, Data Protection Lead in consultation with the appropriate members of staff within the Trust." Both documents are reproduced in full below. The Section 45 Code of Practice sets out the expectation that an internal review is handled by someone who was not involved in the original decision, and the campaign is checking the precise wording before relying on it.
What the internal review does not do. It cites no exemption. Section 17 of the Freedom of Information Act requires a refusal notice to specify the exemption relied on and explain why it applies; none is named here. It claims no cost limit. The account of records spread across the organisation reads like the groundwork for a Section 12 argument, but Section 12 is not invoked and no estimate is given, in contrast to TSD10513, where the Trust did invoke Section 12 and did put a figure to it. And "could create a misleading picture" is not a ground the Act provides for withholding information. The conventional answer to that concern is to disclose with an explanatory note.
The challenge was right on the facts. The campaign's clarification of 4 June argued that the Trust was the provider of many of the services in question, that its resources, staffing, wards, clinics and facilities were affected, that the changes were discussed at Trust Board and committee meetings, and that patients were redirected, so the Trust would hold records about its own service changes even where it did not commission them. The internal review concedes exactly that. The distinction between commissioning a service and providing it was the point, and the Trust has now accepted it while declining to act on it.
Why This Matters: Local people have observed a gradual erosion of services at Torbay Hospital over the past decade, often without clear communication or accessible public records. This request seeks a complete documented account of every service decision affecting Torbay Hospital since 2016, with the corresponding Board approval dates, rationales, and relocation details. The pattern that emerges from the answer will provide essential context for assessing the current cardiology and histopathology proposals.

Organisation requested to respond:

  • Torbay and South Devon NHS Foundation Trust (ref: TSD10523, response received 27 May 2026 from Sarah Goss, Data Protection Lead; internal review outcome received 3 July 2026 from Jake Gibbons, Information Governance Officer)

The campaign's clarification questions (4 June 2026), and how the internal review treated them:

  1. What searches were undertaken to determine that the Trust does not hold the requested information? Not answered. The review describes what a search would involve, not what was done.
  2. 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. Answered, and in the affirmative. The Trust confirms it holds some information and names committee papers, Board reports, service review documentation and business cases among the records that would need reviewing.
  3. Whether consideration was given to providing a partial response covering services operated directly by the Trust. Addressed and refused, on the basis that partial disclosure could mislead.
  4. Whether any part of the request could be answered from information held by the Trust, even if a complete list cannot be provided. Refused on the same basis.

The campaign 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. The internal review offers no refinement, and repeats the signpost to NHS Devon ICB.

From: Jake Gibbons, Information Governance Officer, Torbay and South Devon NHS Foundation Trust (jake.gibbons@nhs.net)
To: Susie Colley (chair@tqcc.co.uk), Trust FOI team
Reference: TSD10523
Subject: RE: TSD10523 - FOI Final Response

Dear Ms Colley,

Request for Information TSD10523

Further to our letter dated 04 June 2026, we have now carried out an internal review of our decision to withhold information regarding services which may have been decommissioned between 2016 - date.

The internal review was carried out by Sarah Goss, Data Protection Lead in consultation with the appropriate members of staff within the Trust.

The Trust does hold some information relating to services that are no longer provided by the Trust or where service delivery arrangements have changed. However, this information is not held in a single central record and is unlikely to provide a complete or comprehensive list of all services that have ceased, relocated, or been significantly reduced at Torbay Hospital since 2016.

In order to identify any relevant information held by the Trust, it would be necessary to review a range of records, including committee papers, Board reports, service review documentation, business cases, and other operational records. These records are held across different areas of the organisation and may not consistently describe service changes in the same way.

We also recognise that a number of services have undergone internal restructuring or changes to the way in which they are delivered. In some cases, this may have changed the operational model, location, staffing arrangements, or administrative structure, without necessarily meaning that the scope of the service itself ceased or was significantly reduced.

For these reasons, the Trust considers that disclosing partial or fragmented information could create a misleading picture of service provision at Torbay Hospital. The Trust therefore maintains that NHS Devon Integrated Care Board, as the relevant commissioner for many services, remains the most appropriate organisation to provide a comprehensive response to your request.

Having reviewed the original response, the Trust upholds the decision issued on 27 May 2026. However, we apologise that the original response did not explain this position as clearly or helpfully as it could have done.

If you wish to discuss any of the above, please contact me, quoting the TSD reference number above.

If you are not content with the outcome of your internal review or complaint, you may apply directly to the Information Commissioner for a review. 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. http://www.ico.gov.uk/complaints.aspx

Yours sincerely,

Jake Gibbons
Information Governance Officer
Belmont Court | Torbay Hospital | Lowes Bridge | Torquay | TQ2 7AA

From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team, Torbay and South Devon NHS FT
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:

  1. What searches were undertaken to determine that the Trust does not hold the requested information?
  2. 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.
  3. Whether consideration was given to providing a partial response covering services operated directly by the Trust.
  4. 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
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: 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: Wide distribution including regional press, David Simmonds MP, and Torbay Council (David Thomas, Cat Johns)
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:

  1. A complete list of all services that have ceased to operate at Torbay Hospital, whether fully removed or significantly reduced in scope, since 2016.
  2. For each service, the date the decision was formally approved.
  3. The corresponding Board meeting at which each decision was discussed and/or ratified, including minutes or publicly available records.
  4. The stated rationale for each change, including any financial, clinical, or staffing considerations.
  5. 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 five 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. Signed by Sarah Goss, Data Protection Lead.
  • 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.
  • 3 July 2026 — Internal review outcome. The refusal is upheld, but on a different footing. The Trust now confirms it does hold some information about services no longer provided or delivered differently, and refuses on the grounds that the information is not centrally held, that assembling it would require review of records across the organisation, and that partial disclosure could create a misleading picture. It repeats the signpost to NHS Devon ICB, apologises that the original response was not explained more clearly, and sets out the route to the Information Commissioner. The review was carried out by Sarah Goss, the officer who signed the original refusal.

Where the request stands: The campaign's central point has been conceded. The Trust accepts it holds information about its own service changes, which is what the 4 June clarification argued and what the 27 May response denied. What remains is a refusal without a stated exemption, without a cost estimate, and on a ground the Act does not provide, that disclosure might mislead. The internal review process is exhausted, so the request is now eligible for a complaint to the Information Commissioner.

The signposting question. The Trust maintains that NHS Devon ICB is the appropriate body. That is testable rather than settled, and testing it means putting the same question to the ICB and seeing whether it accepts the referral. The tracker already records one instance of authorities pointing at each other under FOINHSD25/1520, where NHS England identified NHS Devon as the commissioning body and NHS Devon said it held nothing.

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