We are aware that Torbay and South Devon NHS Foundation Trust has today published papers in advance of their Board meeting on Thursday 26 March. In these papers they announce their plans to serve notice on the Section 75 arrangement for the delivery of Adult Social Care in Torbay.  If the proposal is formally agreed by the Trust on 26 March, a 12 month notice period will apply from the end of March 2026, until 1st April 2027. 

David Thomas, Leader of Torbay Council, said: “The most important thing for me to say at this point is that I understand that any period of change brings uncertainty. I wanted to assure you that we will make sure that people who access care and support services in Torbay will continue to receive appropriate care during this process, while upholding our safeguarding duties. 

“We will keep our residents and other local stakeholders informed throughout this process.” 

In Torbay, since 2005, adult social care has been provided by Torbay and South Devon NHS Foundation Trust on behalf of Torbay Council through a Section 75 agreement. This has also had oversight from the Integrated Care Board. 

Although this proposal would be a change to the current way of working, we will continue to work very closely with Torbay and South Devon NHS Foundation Trust, as well as all care partners in the voluntary, community and private sectors. This will continue to build on the strengths of what has been achieved over the past 20 years as well as learning lessons to improve. 

Our vision for adult social care in Torbay is “thriving communities where people prosper”. 

We want all our residents to have a place to call home in a community they can be a part of whilst empowered to achieve what matters to them by the best care and support available. 

You can read the Board papers on the Torbay and South Devon NHS Foundation Trust website here: https://www.torbayandsouthdevon.nhs.uk/uploads/260326-trust-board-papers.pdf?last-updated=20260320  

Changes outlined in the paper: 

• The Trust is recommending that the Board agree that the Trust has no viable alternative than to take the decision to serve notice on the current Section 75 agreement 

• The Integrated Care Board (ICB) will work with Torbay Council and the Trust to establish a Transition Programme, reporting to the Section 75 Partnership Board, to plan and manage the change process through to April 2027. 

• The Trust will reaffirm its commitment to ongoing partnership working with Torbay Council and Devon ICB to deliver high quality, affordable, joined-up care for local people 

• The Trust will continue to work with Torbay Council and Devon ICB to ensure that the current Equality Impact Assessment (EQIA), which aims to consider the possible impacts on our local community, is updated. It will reflect the revised service model that will be developed during the transition period and that this will be brought back to the Board for assurance on appropriate mitigations before the end of March 2027.