Enforcement & Prosecutions

Torbay Hospital fire enforcement notice: deadline extended as £8m secured – what healthcare and care providers should take from it

Torbay Hospital's fire enforcement deadline has been extended and £8m secured. What it means for NHS, care and supported housing providers.

An NHS hospital in Devon is working through a fire safety enforcement notice, and the case says a lot about how fire services look at buildings where people can't get themselves out.

Earlier this month it was reported that Devon and Somerset Fire and Rescue Service had served an enforcement notice under the Regulatory Reform (Fire Safety) Order 2005 on Torbay and South Devon NHS Foundation Trust. The notice covers floors four to eight of the Tower Block at Torbay Hospital. It followed an inspection in July, after concerns were raised, which found that changes were needed to give adequate means of escape in the event of a fire.

The notice required the Trust to reduce the number of patients on each affected floor, increase the number of staff trained to carry out an evacuation, assess patients' dependencies and move those who would be hardest to evacuate, and put robust evacuation strategies in place for the upper floors. The Care Quality Commission also inspected and issued a warning notice.

On 26 October the Trust confirmed it had secured a further £8 million for fire safety work in the Tower Block, on top of £1.8 million announced in September. The fire service has said the changes made so far have reduced the risk but that more is needed to fully meet the notice, and it has extended the compliance deadline from 6 November to 18 December 2026. A fire compartmentation programme is planned to start on the first ward floor in spring 2027, with the whole programme expected to finish by February 2028. In the meantime some services are being moved temporarily. The Trust says no services are closing.

What this means for you

This is not just a hospital story. The same thinking applies anywhere people may need help to escape a fire:

  • Care homes and supported living schemes, where residents may have reduced mobility, cognitive impairment or be asleep.
  • Sheltered and extra-care housing, and general-needs blocks with a high number of vulnerable residents.
  • NHS and private healthcare premises, including community hospitals, clinics and mental health units.
  • Schools and other premises with pupils or users who have additional needs.

Two points stand out to me. First, the fire service looked beyond the physical fire precautions to how many people were in the building, how dependent they were, and whether there were enough trained staff to move them. Under the Fire Safety Order, the fire risk assessment has to reflect who is actually in the premises and the evacuation plan has to be something staff can really carry out, especially at night when staffing is at its lowest.

Second, building fabric matters. The Trust has said the risks are long-standing and linked to the building's age, design and condition, and the long-term fix is compartmentation work. Where a building relies on staff moving people horizontally into another fire-protected area (progressive horizontal evacuation), that strategy only works if the compartment walls, floors, fire doors and fire stopping actually do their job.

An enforcement notice must give at least 28 days to put things right. Deadlines can be extended, as has happened here, but that depends on the fire service being satisfied that real progress is being made. Failing to comply with a notice is a criminal offence.

Practical checklist for responsible persons

  • Review your fire risk assessment against current occupancy. Has the number or dependency of residents or patients changed since it was last reviewed? If so, it needs reviewing now.
  • Do dependency assessments and use them. Make sure each person's evacuation needs are recorded (for example in a PEEP or care plan) and that the plan for the building reflects them.
  • Test your evacuation strategy with realistic staffing. Run drills or table-top exercises based on night-time staff numbers, not daytime numbers.
  • Check that staff training is current. Can every member of staff on shift carry out the evacuation procedure, including using evacuation aids?
  • Inspect compartmentation and fire doors. Regular fire door inspections and checks for gaps in fire stopping around services are essential where people stay in place or move to a protected area.
  • Act on findings quickly and keep records. If an inspecting officer raises concerns, respond in writing, agree an action plan and evidence progress. Engaging early is far better than waiting for a formal notice.

How Obelisk Fire Safety can help

We carry out fire risk assessments to PAS 79-1:2020 for care, healthcare, education and commercial premises, and to BS 9792:2025 for housing, along with fire door inspections and surveys. We work with housing providers, care and support schemes, HMOs, schools and NHS premises nationwide, with a focus on the East Midlands and surrounding areas.

If you'd like a review of your evacuation strategy, compartmentation or fire doors, contact us on 07407 156178 or info@obeliskfire.co.uk.

This article is for general information and does not constitute legal advice.

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