NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF CALL-IN EXEMPTION
Overview and Scrutiny Procedure Rule 16
<AI1>
Urgent and Emergency Care Support Fund
for local authorities - grant acceptance for up to £1.1m
funding
To the Chairman of North Yorkshire County Council
The County
Council’s Constitution 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.
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 22 November 2023 a report
seeking permission to accept a bid for a grant from the Department
of Health and Social Care (DHSC) for funding under the Urgent and
Emergency Care Support Fund for Local Authorities for the amount of
£1.1m, will be considered by Executive Member for Adult Social Care
(following consultation with the Corporate Director for Health
& Adult Services, and the Corporate Director for
Resources). The Council previously submitted proposals on how
they would use the funding to strengthen the resilience of urgent
and emergency care services this winter.
It is anticipated
that an exemption of the call in period will be required, to enable
the decision to be implemented immediately to enable preparations
for the winter period to commence. There has been a delay in the
Council being informed of the success of its bid application, and a
deadline date for acceptance of the funding has not yet been
confirmed to the Council; however given the overall timescales
involved, including that of the spending of the funding by 31 March
2024, it is anticipated that there is likely to be a short
turnaround time for acceptance of the funding, necessitating the
exemption of the call in period, so as to avoid prejudicing the
Council’s position if the timescales are indeed short. If
there is a longer period ultimately granted for acceptance of the
funding, the call in period will be applied to the decision. This
will be made clear in the future decision record of the
decision.
This matter
therefore requires an urgent decision by the Executive Member for Adult Social Care on
22 November 2023, and cannot
reasonably be deferred, to enable the timely consideration and
implementation of the matter and, which would not allow for the
usual 5 clear working day call-in period. Overview and Scrutiny
Procedure Rule 16(h) 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.
In accordance with
the provisions in this Rule, I am therefore 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 exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services) and Monitoring
Officer
Dated: 13
November 2023
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.
Signed Cllr
David
Ireton
Date 13 November 2023
Chairman of North
Yorkshire County Council
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<TRAILER_SECTION>
</TRAILER_SECTION>
<LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of North Yorkshire County Council/Head of Paid
Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution 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.
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.
It has come to light that timescales are such in
this matter that [insert reasoning
why the decision must be implemented immediately upon it being
taken without allowing for the call in 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 implementation of the matter and
FIELD_USE_URGENCY_EXPLAIN, which would not allow for the usual 5 clear
working day call-in period. Overview and Scrutiny Procedure Rule
16(h) 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. Should the call in period not be
exempted, then [insert brief
details of consequences].
In accordance with
the provisions in this Rule, I am therefore 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 exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services) and Monitoring Officer
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
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.
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 North Yorkshire County Council/Head of Paid
Service/Delegated Officer – delete as
appropriate]
The County Council’s Constitution 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.
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.
It has come to light that timescales are such in
this matter that [insert reasoning
why the decision must be implemented immediately upon it being
taken without allowing for the call in 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 implementation of the matter and
FIELD_USE_URGENCY_EXPLAIN, which would not allow for the usual 5 clear
working day call-in period. Overview and Scrutiny Procedure Rule
16(h) 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. Should the call in period not be
exempted, then [insert brief
details of consequences].
In accordance with
the provisions in this Rule, I am therefore 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 exempt
from call-in. If you so agree, will you please so confirm in
writing as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services) and Monitoring Officer
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
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.
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>
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