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TSD10532  ·  Status: RESPONSE RECEIVED — FIGURES CORRECTED  ·  Trust corrected its headline figures 2 July 2026; follow-up (TSD10613) under Section 43(2) extension
TSD10532 / TSD10613 Torbay & South Devon NHS FT
RECEIVED — CORRECTED

Agency Nursing Costs - Weekend Shift Hourly Rates and Total Expenditure

Submitted: 30 April 2026 | Trust response: 19 May 2026 | Campaign clarification: 4 June 2026 | Trust correction: 2 July 2026 (TSD10613) | Section 43(2) extension pending
Correction issued by the Trust (2 July 2026): The Trust's original headline figures were wrong and have been formally corrected. Its agency provider identified that the first response mistakenly included all April 2026 shifts, weekday and weekend, rather than weekends only. The corrected weekend figures are substantially smaller:
  • Workers engaged for weekend shifts: 648 nurses → 64 workers
  • Total weekend hours: 7,037 → 2,414.50
  • Total weekend expenditure (April 2026): £225,140 → £83,610.80 (including the Bank Holiday weekend)

The Trust attributed the error to human error, stating all April shifts had been included in the original figures. The correction was issued under new reference TSD10613, which also carries a Section 43(2) (commercial interests) extension for the remaining information still under consideration. The original figures are retained below, struck through, so the record of what was first published remains visible.

What the Trust Originally Disclosed, Now Corrected (for April 2026): The Trust first stated that 648 agency nurses worked weekend shifts, totalling 7,037 agency nursing hours, at a total cost of £225,140 for weekend cover alone in a single month. These three figures were corrected on 2 July 2026 to 64 workers, 2,414.50 hours, and £83,610.80 respectively (see correction above). Agency charge rates ranged from £31.29 to £38.51 per hour, of which £26.60 to £32.73 went to the nurse and £4.69 to £5.78 was agency fees. The Trust confirmed that no weekend agency shifts were filled at or above £90 per hour (the figure the campaign was investigating). The Trust answered "N/A" to whether it holds any policies, business cases, or documented rationale comparing agency use against enhanced pay or incentives for substantive staff.
Why This Matters: The campaign was told that agency nurses may be used to cover weekend staffing gaps at hourly rates of up to £90. The Trust's figures show the actual weekend agency rates are lower than that. On the corrected figures, weekend agency use in April 2026 was 64 workers over 2,414.50 hours at a cost of £83,610.80. That the Trust's first published answer overstated all three figures by roughly threefold, and that the error was caught not internally but by its own agency provider, is itself relevant to how much weight can be placed on the Trust's financial disclosures. Separately, the "N/A" answer to whether the Trust holds any documented comparison between agency use and enhanced pay for substantive staff is significant: it suggests a recurring expenditure may not be supported by any recorded value-for-money analysis. Both points bear directly on the Trust's financial position, which is already under scrutiny through other FOIs.

Organisation requested to respond: Torbay and South Devon NHS Foundation Trust (ref: TSD10532, response received 19 May 2026 from Sarah Goss, Data Protection Lead)

The Trust's answers in full:

  1. Hourly charge rates for weekend agency nursing: £31.29 to £38.51
  2. Breakdown: amount to nurse £26.60 to £32.73; agency fees, commissions or other costs £4.69 to £5.78
  3. Shifts at or above £90/hour: N/A (number, hours, and cost all answered N/A)
  4. Total agency nurses and hours for weekend shifts (April 2026): 648 nurses, 7,037 hours → corrected to 64 workers, 2,414.50 hours (2 July 2026)
  5. Total weekend agency expenditure (April 2026): £225,140 → corrected to £83,610.80, including the Bank Holiday weekend (2 July 2026)
  6. Frequency of agency use for weekend shifts (April 2026): 242 (the Trust did not specify what this figure counts)
  7. Policies or rationale comparing agency use against enhanced pay for substantive staff: N/A

The campaign's follow-up questions (4 June 2026) press on the relationship between any past workforce reductions and the current reliance on agency staff: whether posts were reduced through voluntary redundancy, severance, recruitment freezes, or non-replacement of vacancies; what value-for-money assessment was undertaken; what the "N/A" answers mean; what the figure of 242 represents; and whether the Trust holds any audit, risk assessment, or Board-level discussion of agency dependency.

From: FOI (Torbay and South Devon NHS Foundation Trust) tsdft.foirequests@nhs.net
To: Susie Colley (chair@tqcc.co.uk)
Reference: TSD10613 (correction and continuation of TSD10532)
Signed by: Jake Gibbons, Information Governance Officer

Two things in one email: a correction to the headline April figures, and notice of a Section 43(2) extension delaying the rest of the request.

Dear Ms Colley,

Re. TSD10613

We are writing in relation to your Freedom of Information request, reference TSD10613. The Trust is continuing to consider the information falling within the scope of your request. In particular, we need additional time to enable full consideration of whether any of the information may be exempt from disclosure under Section 43(2) of the Freedom of Information Act 2000.

This exemption relates to information where disclosure would, or would be likely to, prejudice the commercial interests of any person, including the Trust or a third party. Section 43(2) is a qualified exemption, which means that, where it may apply, the Trust must also carry out a public interest test before reaching a final decision, considering both the public interest in disclosure and any public interest in maintaining the exemption. We are therefore extending the time required to respond in order to complete this assessment properly, and will provide a full response as soon as possible, within the next 20 working days.

Further to your Freedom of Information request reference TSD10532, published on 19 May 2026, and your additional request reference TSD10613, our third-party agency staffing provider has identified an error in the initial response and has asked us to issue the following correction:

4. The total number of agency nurses engaged for weekend shifts, and the total number of hours worked.

  • Initial response: Based on April 2026, 648 nurses worked weekend shifts, totalling 7,037 hours.
  • Corrected response: 64 workers were engaged for weekend shifts, totalling 2,414.50 hours.

5. The total expenditure on agency nursing staff for weekend cover.

  • Initial response: Based on April 2026, £225,140.
  • Corrected response: £83,610.80 for April, including the Bank Holiday weekend.

We apologise for the error in our initial response. This was the result of human error, as all April 2026 shifts, including both weekday and weekend shifts, were included in the original figures.

Yours sincerely,

Jake Gibbons
Information Governance Officer
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: TSD10532
Signed by: Sarah Goss, Data Protection Lead

Dear Susie Colley,

We are writing to confirm that we have now completed our search for the information you requested. A copy of the information is below.

1. The hourly charge rates paid for agency nursing staff for weekend shifts.
£31.29 / £38.51

2. A breakdown of these hourly charge rates:

  • The amount paid directly to the nurse: £26.60 / £32.73
  • Agency fees, commissions, or other associated costs: £4.69 / £5.78

3. Confirmation of whether any agency nursing shifts have been filled at or above £90 per hour:

  • The number of such shifts: N/A
  • The total hours worked at this rate (or above): N/A
  • The total cost incurred at this rate (or above): N/A

4. The total number of agency nurses engaged for weekend shifts, and the total number of hours worked.
Based on April 2026: 648 nurses worked weekend shifts. Total number of hours: 7,037
[Corrected 2 July 2026 to: 64 workers engaged for weekend shifts, totalling 2,414.50 hours.]

5. The total expenditure on agency nursing staff for weekend cover.
Based on April 2026: £225,140
[Corrected 2 July 2026 to: £83,610.80 for April, including the Bank Holiday weekend.]

6. The frequency of agency nurse usage for weekend shifts.
Based on April 2026, 242

7. Any recorded policies, business cases, or documented rationale comparing the use of agency staff versus offering enhanced pay or incentives to substantive staff for weekend shifts.
N/A

Yours sincerely,

Sarah Goss
Data Protection Lead
Torbay and South Devon NHS Foundation Trust

From: Susie Colley (chair@tqcc.co.uk)
To: FOI Team, Torbay and South Devon NHS FT
Reference: TSD10532

Dear Ms Goss,

Thank you for your response to FOI request TSD10532. Having reviewed the information provided, I would be grateful if you could clarify several matters arising from the response, as some aspects appear incomplete and raise further questions regarding workforce planning and expenditure.

Workforce Planning and Voluntary Redundancy. The Trust has previously undertaken voluntary redundancy programmes as part of workforce and financial management measures. Please explain whether any nursing, clinical support, or patient-facing posts were reduced through voluntary redundancy, voluntary severance, recruitment freezes, or non-replacement of vacancies during the period in which agency nurses were subsequently engaged; what assessment was undertaken to determine whether retaining substantive staff would have represented better value; whether any cost-benefit analysis compared voluntary redundancy payments and subsequent agency expenditure; and why agency nurses were required in such significant numbers if substantive staffing had previously been reduced.

Use of Enhanced Rates for Existing Staff. Question 7 was answered "N/A". Please clarify whether no such documents exist, or whether they exist but were not identified within the scope of the search. If no documents exist, please confirm whether any formal assessment was undertaken before deciding to incur agency expenditure rather than offering enhanced rates, overtime incentives, retention payments, bank shifts, or recruitment initiatives.

Frequency of Agency Usage. Please clarify what the figure of 242 represents (number of shifts, occasions agency staff were booked, requests for agency cover, or some other measure).

Agency Staffing Controls. Please provide details of any executive approvals, expenditure controls, or governance arrangements required before agency nursing staff can be engaged; whether the Trust has set agency reduction targets; and the total agency nursing expenditure for the financial year to date, not limited to weekends.

Financial and Patient Safety Considerations. Please confirm whether the Trust has undertaken any review, audit, risk assessment, or Board-level discussion concerning the financial impact of agency dependency, workforce sustainability, the relationship between vacancy levels and agency expenditure, and any risks to continuity of patient care arising from reliance on temporary staffing.

I would be grateful if this correspondence could be treated either as a request for clarification of the original response or as a new Freedom of Information request where appropriate.

My overarching concern is: if the Trust was reducing its workforce through voluntary redundancy, severance, vacancy freezes, or non-replacement of posts, what analysis demonstrated that paying agency nurses for more than 7,000 weekend hours in a single month represented better value for public money than retaining substantive staff?

Thank you for your assistance; clearly in the event of an unsatisfactory response the Heart Campaign will be requesting an internal review.

Kindest regards

Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign
(Declined) Governor of Torbay Hospital

To: Chris Balch (Trust Chair), Martin Beaman, Joe Teape (Trust CEO)
CC: Wide distribution including regional press, David Simmonds MP, and Torbay Council (David Thomas, Cat Johns)
Date: 30 April 2026, 22:20

Good evening Mr Balch

I am writing to request information under the Freedom of Information Act 2000 regarding the use and cost of agency nursing staff. It has been suggested that agency nurses may be used to cover weekend staffing gaps at rates of up to £90 per hour. I request clarification of this point through the provision of recorded information.

Please provide the following for the current financial year to date:

  1. The hourly charge rates paid for agency nursing staff for weekend shifts. Where multiple rates apply, please provide the range and typical rates.
  2. A breakdown of these hourly charge rates, including the amount paid directly to the nurse and agency fees, commissions, or other associated costs.
  3. Confirmation of whether any agency nursing shifts have been filled at or above £90 per hour. If so: the number of such shifts, the total hours worked at this rate or above, and the total cost incurred.
  4. The total number of agency nurses engaged for weekend shifts, and the total number of hours worked.
  5. The total expenditure on agency nursing staff for weekend cover.
  6. The frequency of agency nurse usage for weekend shifts.
  7. Any recorded policies, business cases, or documented rationale comparing the use of agency staff versus offering enhanced pay or incentives to substantive staff for weekend shifts.

For the avoidance of doubt, I am requesting recorded information held by the organisation. If any part of this request exceeds the appropriate cost limit, please provide the information up to that limit and advise how the request may be refined.

Kindest regards

Susie Colley
Chair of the Torquay Chamber of Commerce and the Heart Campaign

Status

The thread runs across four stages: the campaign FOI of 30 April 2026; the Trust response of 19 May 2026 with the quantitative figures (the £90/hour rate answered "N/A", and Question 7 on documented comparison also "N/A"); the campaign clarification of 4 June 2026 pressing on past workforce reductions, the meaning of the "N/A" answers, what 242 counts, and whether any audit or Board-level discussion of agency dependency exists; and the Trust's correction of 2 July 2026, issued under new reference TSD10613, which restated the April weekend figures downward (from 648 nurses, 7,037 hours and £225,140 to 64 workers, 2,414.50 hours and £83,610.80) after its agency provider found that the original figures had wrongly included weekday shifts as well as weekend shifts. The original FOI has had a substantive answer, which is why it sits in Responses Received. However, two matters remain live. The correction email also gave notice of a Section 43(2) (commercial interests) extension on TSD10613, so part of the follow-up information is delayed while the Trust carries out a public interest test, with a response promised within 20 working days. And the substance of the 4 June clarification, on past workforce reductions and the absence of any value-for-money analysis, has not yet been answered; if treated as a new FOI and refused, or if unsatisfactory, the campaign has signalled it will escalate to internal review. The correction does not change the "N/A" answer to Question 7: on the Trust's own account, it holds no documented comparison between agency use and enhanced pay for substantive staff.

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