NORTH YORKSHIRE COUNTY COUNCIL
Access to Information Procedure Rule 16
Overview and Scrutiny Procedure Rule 16
NOTICE OF URGENCY AND CALL IN EXEMPTION
Re Adult Social Care governance and prioritisation
To the Chairman of the Care and Independence Overview and Scrutiny
Committee and
the Chairman of North Yorkshire County Council
The County
Council’s Constitution provides that if a matter which is
likely to be a key decision has not been included on the
Council’s Forward Plan for the requisite period, the decision
may still be taken if an urgency procedure is followed.
Under Access to
Information Procedure Rule 16:
16.1 Where the date by which a decision must be
made makes compliance with Rule 15 (general exception)
impracticable, then the decision can only be made if the decision
maker (if an individual) or the Chairman of the body making the
decision, obtains the written agreement of the Chairman of a
relevant overview and scrutiny committee that the making of the
decision is urgent and cannot reasonably be deferred. If there is
no Chairman of a relevant overview and scrutiny committee, or if
the Chairman of the relevant overview and scrutiny committee is
unable to act, then the agreement of the Chairman of the Council,
or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable after the
decision maker has obtained agreement under Rule 16.1 above, s/he
must make available at the Council’s offices a notice setting
out the reasons why the meeting is urgent and cannot reasonably be
deferred and publish the notice on the Council’s website.
The County Council’s Constitution
further provides that where the call-in procedure would otherwise
apply to an executive decision, it shall not apply where the
decision being taken is urgent, if an urgency procedure is
followed.
Under Overview and Scrutiny Procedure Rule
16:
(h) The call-in procedure set
out above shall not apply where the decision being taken by the
Executive is urgent. A decision will be urgent if any delay
likely to be caused by the call in process would seriously
prejudice the Council’s or the public interest. The
Chairman of the council must agree both that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency. In the absence of the Chairman, the
Vice-Chairman’s consent shall be required. In the absence of
both, the Head of Paid Service or his/her nominee’s consent
shall be required. Decisions taken as a matter of urgency must be
reported to the next available meeting of the Council, together
with the reasons for urgency.
It is anticipated
that on 11 January 2022 the Chief Executive Officer Officer under emergency delegated
decision-making powers (in consultation with members of the
Executive) will consider a report regarding the review and determination of Adult Social
Care governance and prioritisation in light of the continuing
Covid19 pandemic and rising rates of the Omicron
variant.
This matter
requires an urgent decision by the decision taker and cannot
reasonably be deferred, to enable the timely consideration and
implementation of this matter to respond to public need and service
delivery within a short timeframe. This means that not all of the
usual access to information timescales can be met.
As a consequence of
the urgency of the timescales, the decision referred to above will
need to be implemented immediately. Overview and Scrutiny Procedure
Rule 16 enables matters to be determined on an urgency basis and be
exempt from call-in, where any delay likely to be caused by the
call-in process would seriously prejudice the Council’s or
the public interest, which it is believed would be the case
here.
It is possible that
urgent decisions, required to be implemented immediately, may need
to be taken in relation to Adult Social Care governance and prioritisation before 11
January 2022, depending upon prevailing pandemic circumstances, in
order to assist the urgent prioritisation and delivery of
services to the public in a timely and efficient manner and to
respond to public need and service delivery within a short
timeframe. In order to ensure that swift and effective urgent
decision making can take place in relation to these matters during
the Christmas and New Year holiday period, it is also proposed that
a blanket special urgency consent be sought from the Chair of the
Care and Independence Overview Scrutiny Committee and a blanket
call in exemption consent from the Chairman of the Council to
enable the Chief Executive Officer under his emergency delegated
powers or the Corporate Director Health and Adult Services (in
relation to decisions for which he has delegated responsibility)
under his delegated powers, where he believes it to be appropriate
and in consultation with such other officers and Members as he sees
fit, to take such urgent decisions with immediate effect during the
Christmas and New Year holiday period to enable the Council to act
and react quickly to changing circumstances and to avoid having to
seek consent and issue notices on each and every occasion.
To the Chairman
of the Care and Independence Overview and Scrutiny Committee:
in accordance with the provisions in the Access to Information
Procedure Rules, I am, therefore, informing you as the Chairman of
the relevant Overview and Scrutiny Committee, that it is intended
that the above matter be considered by the decision taker on 11
January 2022 and I am seeking your agreement that the making of the
decision (and any urgent decisions regarding Adult Social Care governance and prioritisation
during the Christmas and New Year holiday period) is urgent
and cannot reasonably be deferred beyond this timeframe. If you
agree, will you please confirm by email as soon as possible
To the Chairman
of North Yorkshire County Council: in accordance with the
provisions in Overview and Scrutiny Procedure Rule 16(h), I am
seeking your agreement that the decision proposed (and any urgent
decisions regarding Adult
Social Care governance and prioritisation during the Christmas and
New Year holiday period) is reasonable in all the
circumstances and to it being treated as a matter of urgency (where
any delay likely to be caused by the call in process would
seriously prejudice the Council’s or the public interest) and
that the call-in procedure should therefore not apply to the
decision. If you agree, will you please confirm by email as soon as
possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: 23 December
2021
I agree, for the reasons
stated in this notice, that the making of such decisions as
referred to above are urgent and cannot reasonably be deferred.
Signed
Cllr Karin Sedgwick
Date 27 December 2021
Chairman of the Care and
Independence Overview and Scrutiny Committee
I agree, for the reasons
stated in this notice, that such decisions as referred to above are
reasonable in all the circumstances, to them being treated as a
matter of urgency and exempt from call-in.
Signed
Cllr Stuart
Martin
Date 28 December 2021
Chairman of North
Yorkshire County Council
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that if a matter which is likely to be a key decision has not been
included on the Council’s Forward Plan for the requisite
period, the decision may still be taken if an urgency procedure is
followed.
Under Access to Information Procedure Rule
16:
16.1 Where the date by which a decision
must be made makes compliance with Rule 15 (general exception)
impracticable, then the decision can only be made if the decision
maker (if an individual) or the Chairman of the body making the
decision, obtains the written agreement of the Chairman of a
relevant overview and scrutiny committee that the making of the
decision is urgent and cannot reasonably be deferred. If there is
no Chairman of a relevant overview and scrutiny committee, or if
the Chairman of the relevant overview and scrutiny committee is
unable to act, then the agreement of the Chairman of the Council,
or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable
after the decision maker has obtained agreement under Rule 16.1
above, s/he must make available at the Council’s offices a
notice setting out the reasons why the meeting is urgent and cannot
reasonably be deferred and publish the notice on the
Council’s website.
The County
Council’s Constitution further provides that where the
call-in procedure would otherwise apply to an executive decision,
it shall not apply where the decision being taken is urgent,
if an urgency procedure is
followed.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent decision by
FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely consideration and progress of
this matter and FIELD_USE_URGENCY_EXPLAIN and reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. As a consequence of the urgency of the
timescales, the matter cannot be subject to the call in period.
Overview and Scrutiny Procedure Rule 16 enables matters to be
determined on an urgency basis and be exempt from call-in, where
any delay likely to be caused by the call-in process would
seriously prejudice the Council’s or the public
interest.
To the Chairman of
the [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: in accordance with
the provisions in the Access to Information Procedure Rules, I am,
therefore, informing you as the [Chairman of the relevant Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate], that it is intended that
this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision is urgent and cannot reasonably be deferred and that this
item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
in
accordance with the provisions in Overview and Scrutiny Procedure
Rule 16(h), I am seeking your agreement that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency (where any delay likely to be caused by the call
in process would seriously prejudice the Council’s or the
public interest) and that the call-in procedure should therefore
not apply to the decision. If you agree that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgencuo;s or the public interest.
To the Chairman of
the [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: in accordance with
the provisions in the Access to Information Procedure Rules, I am,
therefore, informing you as the [Chairman of the relevant Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate], that it is intended that
this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision is urgent and cannot reasonably be deferred and that this
item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
in
accordance with the provisions in Overview and Scrutiny Procedure
Rule 16(h), I am seeking your agreement that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency (where any delay likely to be caused by the call
in process would seriously prejudice the Council’s or the
public interest) and that the call-in procedure should therefore
not apply to the decision. If you agree that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting and the making of this decision is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert
name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from call-in and
that this item should be considered on FIELD_DUE_DATE.
Signed [insert name] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution provides
that if a matter which is likely to be a key decision has not been
included on the Council’s Forward Plan for the requisite
period, the decision may still be taken if an urgency procedure is
followed.
Under Access to Information Procedure Rule
16:
16.1 Where the date by which a decision
must be made makes compliance with Rule 15 (general exception)
impracticable, then the decision can only be made if the decision
maker (if an individual) or the Chairman of the body making the
decision, obtains the written agreement of the Chairman of a
relevant overview and scrutiny committee that the making of the
decision is urgent and cannot reasonably be deferred. If there is
no Chairman of a relevant overview and scrutiny committee, or if
the Chairman of the relevant overview and scrutiny committee is
unable to act, then the agreement of the Chairman of the Council,
or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable
after the decision maker has obtained agreement under Rule 16.1
above, s/he must make available at the Council’s offices a
notice setting out the reasons why the meeting is urgent and cannot
reasonably be deferred and publish the notice on the
Council’s website.
The County
Council’s Constitution further provides that where the
call-in procedure would otherwise apply to an executive decision,
it shall not apply where the decision being taken is urgent,
if an urgency procedure is
followed.
Under Overview
and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above
shall not apply where the decision being taken by the Executive is
urgent. A decision will be urgent if any delay likely to be caused
by the call in process would seriously prejudice the
Council’s or the public interest. The Chairman of the
council must agree both that the decision proposed is reasonable in
all the circumstances and to it being treated as a matter of
urgency. In the absence of the Chairman, the Vice-Chairman’s
consent shall be required. In the absence of both, the Head of Paid
Service or his/her nominee’s consent shall be required.
Decisions taken as a matter of urgency must be reported to the next
available meeting of the Council, together with the reasons for
urgency.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent decision by
FIELD_DMTITLE on FIELD_DUE_DATE,
and cannot reasonably be deferred, to enable the timely consideration and progress of
this matter and FIELD_USE_URGENCY_EXPLAINand reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. As a consequence of the urgency of the
timescales, the matter cannot be subject to the call in period.
Overview and Scrutiny Procedure Rule 16 enables matters to be
determined on an urgency basis and be exempt from call-in, where
any delay likely to be caused by the call-in process would
seriously prejudice the Council’s or the public
interest.
To the Chairman of
the [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: in accordance with
the provisions in the Access to Information Procedure Rules, I am,
therefore, informing you as the [Chairman of the relevant Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate], that it is intended that
this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision is urgent and cannot reasonably be deferred and that this
item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
in
accordance with the provisions in Overview and Scrutiny Procedure
Rule 16(h), I am seeking your agreement that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency (where any delay likely to be caused by the call
in process would seriously prejudice the Council’s or the
public interest) and that the call-in procedure should therefore
not apply to the decision. If you agree that the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting and the making of this decision is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert
name] Overview and Scrutiny
Committee/Chairman of the Authority/Vice-chairman of the Authority
– delete as appropriate]
I agree, for the reasons stated in this notice, that
the decision proposed is reasonable in all the circumstances, to it
being treated as a matter of urgency and exempt from call-in and
that this item should be considered on FIELD_DUE_DATE.
Signed [insert name] Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
</TITLE_ONLY_LAYOUT_SECTION>
Formatting for
COMMENTS:
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<TITLED_COMMENT_LAYOUT_SECTION>
FIELD_SUMMARY
</TITLED_COMMENT_LAYOUT_SECTION>
<COMMENT_LAYOUT_SECTION>
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Formatting for Sub numbered
items:
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