Decision – Call-in request – Proposed reconfiguration of NHS services

That the Statutory
Scrutiny Officer has submitted the referral to the Secretary of
State to call-in the proposal to serve notice to end the Agreement
for the Integrated Care Model in Torbay, on behalf of Torbay
Council.

The Sub?Board agreed
that, although local resolution was preferred, the Torbay and South
Devon NHS Foundation Trust’s proposal to end the Section 75
Agreement in March 2026 was likely to result in substantial changes
to Torbay’s integrated community health and adult social care
services, and that no adequate evidence had been provided to show
otherwise.  The Trust maintains that no
duty to consult applies, but neither the ICB nor Torbay
Council’s Director of Adults and Community Services shares
this view, and the ICB has stated it cannot assess the impact
without an impact assessment.  As the
examples cited by the Trust relate only to single?service
arrangements and were not comparable to Torbay’s fully
integrated model, and as there was insufficient time for meaningful
consultation before the notice would take effect, the Sub?Board
determined (unanimously) that a referral to the Secretary of State
was required before the Trust makes its final decision on 5 March
2026.

This decision will be implemented
immediately.

In accordance with the decision of the Adult
Social Care and Health Overview and Scrutiny Sub-Board meeting on 4
February 2026, the Statutory Scrutiny Officer has submitted a
referral to the Secretary of State regarding the proposal by the
Torbay and South Devon NHS Foundation Trust to serve notice to end
the Agreement for the Integrated Care Model in Torbay, with Torbay
Council and NHS Devon Integrated Care Board (ICB) for the delivery
of community health and adult social care services in Torbay.