NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 15 – General Exception

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Afghan Relocations and Assistance Policy:  Use of additional MOD properties – change of eligibility from Afghan ARAP families in Afghanistan and third countries to Afghan ARAP families in bridging hotel accommodation in the UK

To the Chairman of the Corporate & Partnerships Overview and Scrutiny Committee

The 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.

It is anticipated that on 18 July 2023, the Executive Member for Corporate Services will consider a report seeking a change to eligibility within the Afghan Relocations and Assistance Policy, to enable eligible Afghan citizens in the bridging hotels in the UK to be re-housed in the MOD SFA properties in Catterick Garrison. This would be in place of eligible Afghan citizens currently residing in Afghanistan or third countries. If eligible suitable families in the UK cannot be found for the properties, the Home Office will then agree to use the remaining vacant properties for eligible Afghan citizens currently residing in Afghanistan or third countries.

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 Corporate Services on 18 July2023 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter, as Families are at risk of being made homeless due to the imminent bridging hotel closure programme, commencing on 27 July 2023.   Eligible families need to be case-matched imminently by the Home Office to the available MOD SFA properties at Catterick Garrison.

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 Corporate Services on 18 July 2023.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 12 July 2023

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To [the Chairman of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – delete as appropriate]

The 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.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

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 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.

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/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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FIELD_TITLE

To [the Chairman of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – delete as appropriate]

The 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.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

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 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.

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/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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