NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM AND CALL IN EXEMPTION

Access to Information Procedure Rule 16

Overview and Scrutiny Procedure Rule 16

Procurement of an Assistive Technology Managed Service

To: the Chair of the Care and Independence Overview and Scrutiny Committee

and

the Chair of North Yorkshire Council

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 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 Chair of the body making the decision, obtains the

written agreement of the Chair of a relevant Overview and Scrutiny Committee that

the making of the decision is urgent and cannot reasonably be deferred. If there is no

Chair of a relevant Overview and Scrutiny Committee, or if the Chair of the relevant

Overview and Scrutiny Committee is unable to act, then the agreement of the Chair

of the Council, or in their absence the Vice-Chair will suffice.

16.2 As soon as reasonably practicable after the decision maker has obtained agreement

under Rule 16.1 above, they 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 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 Chair 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 Chair, the Vice-Chair’s consent shall be required. In the absence of both, the Head of Paid Service or their 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 23 July 2025 a report regarding the Procurement of an Assistive Technology Managed Service will be considered by the Corporate Director Health and Adult Services in consultation with the Executive Member for Health and Adult Services. The contract would be for a term of three years from 1 August 2025 to 31 July 2028 and has an anticipated whole life cost of up to £5.5m.

The intention to make this key decision has not been published on the Forward Plan.

This matter therefore requires an urgent decision by the Corporate Director Health and Adult Services in consultation with the Executive Member for Health and Adult Services on 23 July 2025 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter.  Following a letter from Nottingham Rehab Service on Friday 18th July 2025, the Authority was notified that the provider will cease trading on 31st July 2025 and therefore a new contract is required to be procured urgently to ensure continuity of service.  The Council therefore needs to progress this matter within a short timeframe.

The report on this matter is likely to contain exempt information as described in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) (it relates to information relating to the financial or business affairs of any particular person) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  The matter is therefore being treated as exempt.  We anticipate that the decision will be able to be made public by no later than 31st July 2025.

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.

To the Chair 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 Chair of a relevant Overview and Scrutiny Committee, that it is intended that this matter be considered by the decision taker on 23 July 2025 and I am seeking your agreement that the making of the decision 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 Chair of North Yorkshire 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, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services

Dated: 22 July 2025

I agree, for the reasons stated in this notice, that the making of this decision is urgent and cannot reasonably be deferred and that this item should be considered on 23 July 2025.

Signed  Cllr Karin Sedgwick                          Date  23 July 2025

Chair of the Care and Independence Overview and Scrutiny Committee

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 23 July 2025.  

Signed   Cllr George Jabbour                        Date  22 July 2025

Chair of North Yorkshire Council