Borough Secretary & Monitoring Officer / Francis Fernandes
The Guildhall
St. Giles Square
Northampton NN1 1DE
Tel: (01604) 837334
Fax: (01604) 838554
Minicom: (01604) 838970
Councillor Jamie Lane
Chair of Overview & Scrutiny Committee
by email only to: / Our Ref:
Your Ref:
Please Contact:
Ext/Direct Line
E-mail:
Date: / Mr F Fernandes
(01604) 838972
12th October 2016
Dear Councillor Lane,
Use of the Special Urgency Procedure
I am writing to notify you that Cabinet intends to consider a Key Decision at its meeting on 19th October 2016 thatwill not have been publicised for 28 clear days in advance of it being made, in accordance with the requirements of Regulation 9 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.
The Key Decision in question is in relation to ‘Funding for Emergency Nightshelter’.
Cabinet are being asked to:
i)approve capital expenditure of up to £100,000 to support the refurbishment of the nightshelter, using the Council’s capital resources approved by Council in February 2016
ii)approve the one-off supplementary estimate for revenue costs of £160,000 to fund the nightshelter until September 2018and for these costs to be funded from housing reserves approved by Council in February 2016.
The general exception process in Regulation 10 requires that where the publication of the intention to make a Key Decision under Regulation 9 is impracticable, that decision may only be made where the proper officer has informed the Chairman of the Overview and Scrutiny Committee by notice in writing, of the matter about which the decision is to be made. The Key Decision may thenonly be made after 5 clear days have elapsed following the publication of the notice given to the Chair of Overview and Scrutiny.
Regulation 11 states that where the date by which a Key Decision must be made, makes compliance with Regulation 10 (the general exception process) impracticable, the decision may only be made where the decision maker has obtained agreement from the Chair of the Overview and Scrutiny Committee that the making of the decision is urgent and cannot reasonably be deferred.
It would be impracticable to follow the general exception process in relation to this Key Decision. I have been advised that the making of this decision is urgent and cannot reasonably be deferred as:
“The making of this decision is urgent and could not reasonably be deferred because any delay in the refurbishment and compliance works and the recruitment of the two full-time nightshelter staff will prevent the emergency nightshelter from openinguntil after Christmas 2016. This will undermine the delivery of Northampton’s Multi Agency Rough Sleepers Strategy and result in up to 20 homeless people having no other option but to sleep rough until the nightshelter is up and running”.
If you are in agreement that the making of this Key Decision is urgent and cannot reasonably be deferred, I would be grateful if you could sign and date one copy of this letter and return it to me as soon as possible. I will then refer your agreement to Cabinet (the decision-maker).
I have attached a copy of the officer report to Cabinet to assist your consideration of this matter.
If you have any queries about this anticipated decision or you need further explanation about how the procedure outlined above works, please contact meon (01604 837334) and I shall be happy to help.
Yours sincerely,
FRANCIS FERNANDES
Borough Secretary & Monitoring Officer
I agree that the Key Decision referred to in this letter is urgent and cannot reasonably be deferred.
Signed:...... Jamie Lane......
Councillor Jamie Lane
Chair of Overview and Scrutiny Committee
Dated:...... 12th October 2016......
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