Community Right To Challenge

Money

The Community Right to Challenge was introduced by Government through the Localism Act 2011.

 

The Community Right to Challenge allows certain ‘relevant bodies’ (see the Communities and Local Government Guidance for further details) the right to submit an Expression of Interest to run a Council service or part of a Council service.

The Council must consider the ‘expression of interest’ and accept it, accept it with modifications or reject it on the grounds specified in the legislation.

Further information on support and funding is available at My Community Rights.

Please be aware the information you provide (and any referenced supporting material) will be the basis upon which the Council will accept, ask you to modify, or reject your expression of interest.

Community Right To Challenge Q & A

Q. If I am interested in running a Council service or part of a Council service what should I do?

A. Look at the Communities and Local Government Guidance and a leaflet summarising the Community Right to Challenge to make sure that you are a relevant body and qualify to submit an Expression of Interest.
Have an informal discussion with the Council who can talk you through the process.

If you are a relevant body and have the resources and skills to take over the delivery of a Council service or part of a Council service then complete an Expression of Interest Form.

Q. When will the Council consider Expressions of Interest?

A. Between January and March each year.

In addition to this the Council already has a number of contracts that are running. For these contracts there will be a review date already set and when a Community Right to Challenge could be considered.

Q. What happens after I submit an Expression of Interest?

A. The Council will acknowledge receipt of your Expression of Interest.

Your Expression of Interest will be considered by senior officers and elected Members of the Council. If your Expression of Interest looks viable and meets the criteria set out in the Regulations then it will be sent to the Council service that is the subject of the Expression of Interest.

The will then look at the Expression of Interest in detail and determine if it is to be accepted, accepted with modifications or if it is to be rejected.

You will be advised in writing no later than 30 days of the close of the Expression of Interest period when you can expect a decision on your Expression of Interest.

Q. If my Expression of Interest is Accepted what happens next?

A. When the Council accepts one or more Expressions of Interest it must carry out a procurement exercise. The precise details of the process will vary dependent on the value and the nature of the contract. The Council must still comply with procurement law e.g. the Public Contracts Regulations 2006.

It is expected that procurement exercises would take place between April - August each year – although some procurement exercises may take longer dependent on their scale and complexity.

Q. What about the social value?

A. The Council must consider how both expressions of interest and tenders within a procurement exercise would promote or improve the economic, social or environmental well-being of the authority’s area. This must be consistent with the law applying to the awarding of contracts. Further information can be found in the European Commission publication ‘Buying Social: A Guide to Taking Account of Social Considerations in Public Procurement’.

Q. Is anything excluded from the Community Right to Challenge?

A. Certain services are excluded from the Community Right to Challenge. These relate to health and children’s services and are not services provided by Bassetlaw District Council.

Q. If we want to take over a service but want to be able to recruit our own staff to run it – what do we do?

A. The people who currently provide the service (whether they are Council employees or a contractor’s employees) may have a right to transfer to your employment, and have their terms and conditions and continuity of service protected. This is a right contained in the Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”) and applies in certain circumstances, including when a contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or an undertaking to a new employer. The Regulations are very complex and each case would need to be assessed to determine whether or TUPE applies.

Further information on support and funding is available at My Community Rights.

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