NORTH YORKSHIRE COUNTY COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 15 – General Exception

Overview and Scrutiny Procedure Rule 16

Disapplication Request - School Improvement Funding

To the Chairman of the Young People 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 15:

15.1     If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a)   the Assistant Chief Executive (Legal and Democratic Services) has informed the Chairman of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b)   the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c)   at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2     As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that 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 1 February 2022, the Executive Member for Education & Skills will consider a report seeking approval to submit a request to the Secretary of State for Approval to De-Delegate School Improvement Funding.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a decision by the Executive Member for Education & Skills on 1 February 2022 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter.  There is insufficient time to undertake a restructure of the School Improvement team, engage with LA maintained schools or revisit the School Improvement service delivery model by April 2022, in response to the outcome of the DfE consultation on “Reforming how local authorities’ school improvement functions are funded” published on 11 January 2022, which has resulted in the grant funding level being reduced by 50% in the 2022/23 financial year and totally removed for the 2023/24 financial year.  NYCC is therefore seeking approval from the Secretary of State for Education to de-delegate funding from maintained school budgets for the provision of statutory core school improvement interventions for the 2022/23 academic year.

To the Chairman of the Young People Overview and Scrutiny Committee: 

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am therefore, informing you as the Chairman of the relevant Overview and Scrutiny Committee, that it is intended that this matter be considered by the Executive Member for Education & Skills on 1 February 2022 for the above reasons.

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 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 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 1 February 2022, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 21 January 2022

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 1 February 2022.

Signed  County Councillor Stuart Martin                   Date  22 January 2022

Chairman of North Yorkshire County Council