Agenda item

To consider approving the option for City of York Council to enter into the Agreement for Licence to Occupy (AFL) and a Side Letter relating to the property at Acomb Garth, once they are agreed, as the holder of the funds for the pilot, and to delegate authority to the Corporate Director of Adult Services and Integration (“DASS”) in consultation with the Director of Governance and the Chief Finance Officer to take such steps as are necessary to draft, negotiate, and conclude the proposed Agreement for Licence to Occupy, Licence to Occupy and side letter. To be considered by Councillor Steels-Walshaw (Executive Member for Health, Wellbeing, and Adult Social Care).

Resolved: That the Leader of the Council and Executive Member for Policy, Strategy and Partnerships approves the option for City of York Council to enter into the AFL, Licence to Occupy and a Side Letter relating to the property at Acomb Garth, once they are agreed, as the holder of the funds for the pilot, and to delegate authority to the Corporate Director of Adult Services and Integration (“DASS”) in consultation with the Director of Governance and the Chief Finance Officer to take such steps as are necessary to draft, negotiate, and conclude the proposed Agreement for Licence to Occupy, Licence to Occupy and side letter.

Reason:     To allow the City of York Council and the partner organisations within the hub to occupy and make necessary alterations to Acomb Garth as part of a pilot project. By securing occupancy and making modifications, the Council can ensure that the site becomes operational without undue delay, in line with NHSE expectations. The Agreement for Licence to Occupy, Licence to Occupy and side letter confirms the Council’s right to use the site and mitigates some key risks from a property law perspective (to extent possible in the circumstances and given the position taken by NHSPS and Nimbuscare) and ensures alignment with Council policies. As host to the Project Team and budget holder, CYC is best placed to manage these arrangements and ensure best outcomes for the residents of York.

The Leader of the Council and Executive Member for Policy, Strategy and Partnerships considered a report setting out the technical and legal steps required to secure the delivery of the 24/7 Neighbourhood Mental Health Centre Pilot at Acomb Garth Community Centre. The Corporate Director of Adult Social Care and Integration and the Community Mental Health Programme Manager introduced the report, thanking colleagues and partners for their support, and noting that £2.4m in NHS England funding had been made available over two years to support the project as part of a national pilot. This was an innovative and complex partnership piece of work, and following work with Legal colleagues to mitigate risks, approval was sought for the signing of an Agreement for Licence to Occupy (AFL) and a Licence to Occupy (LTO), with Nimbuscare Ltd, who leased part of Acomb Garth, together with obtaining a Side Letter from NHS Property Services Limited, who owned the freehold.

In response to the issues raised during the Public Participation item, cross-party support was welcomed and it was confirmed that:

·       Longer-term work on community mental health support was ongoing to avoid any lapse in services;  

·       Services would co-exist with many of those already provided at Acomb Garth;

·       The partnership could consider the suggestion of a place of safety although this would need to align with the agreed ethos and values of the partnership; that

·       While there was no way to mitigate all possible risk, work was not being held up by the outstanding legal issues;

·       Engagement with local councillors and citizens would continue to be important.

The Leader of the Council noted this was an important part of reforming the delivery of mental health services in the city and highlighted the success of the existing Clarence Street Hub. She noted that York had been selected to take the pilot forward, and that the Chief Medical Officer for England was visiting the Council today to see the city’s innovative co-produced services. She emphasised the York Place Board’s longer-term commitment to services beyond the two years, and thanked officers and partners for their work on the project. She noted that of the other options outlined, doing nothing would be detrimental while delaying in order to resolve outstanding issues would not help get services in place within the timeline. As such, it was

Resolved: That the Leader of the Council and Executive Member for Policy, Strategy and Partnerships approves the option for City of York Council to enter into the AFL, Licence to Occupy and a Side Letter relating to the property at Acomb Garth, once they are agreed, as the holder of the funds for the pilot, and to delegate authority to the Corporate Director of Adult Services and Integration (“DASS”) in consultation with the Director of Governance and the Chief Finance Officer to take such steps as are necessary to draft, negotiate, and conclude the proposed Agreement for Licence to Occupy, Licence to Occupy and side letter.

Reason:     To allow the City of York Council and the partner organisations within the hub to occupy and make necessary alterations to Acomb Garth as part of a pilot project. By securing occupancy and making modifications, the Council can ensure that the site becomes operational without undue delay, in line with NHSE expectations. The Agreement for Licence to Occupy, Licence to Occupy and side letter confirms the Council’s right to use the site and mitigates some key risks from a property law perspective (to extent possible in the circumstances and given the position taken by NHSPS and Nimbuscare) and ensures alignment with Council policies. As host to the Project Team and budget holder, CYC is best placed to manage these arrangements and ensure best outcomes for the residents of York.

[The Leader of the Council and the Executive Member for Housing, Planning and Safer Communities both left the Decision Session at 10.44 am, and the Executive Member for Environment and Climate

Emergency then took the chair for the remainder of the meeting].