Introduction
The Community Right to Challenge (CRTC) came into effect on 27 June 2012 as part of the Localism Act 2011. The Act gives a number of rights and powers for individuals and communities. This allows a variety of relevant bodies the right to submit an expression of interest to deliver relevant services on behalf of relevant authorities.
The act gives community organisations the right to submit an Expression of Interest (EOI) in running public services. If we accept the Expression of Interest, we must run a procurement exercise for the service. The interested group will need to compete with others who may wish to run the service.
We welcome informal approaches from groups or organisations to discuss options around taking on services. Wherever possible, the formal invocation of the Community Right to Challenge should be the last resort. This includes informal approaches from staff to run services. Interested staff should in the first instance speak to the relevant Strategic Manager, Director or Lead Commissioner to discuss their proposal.
Relevant bodies
The following are relevant bodies eligible to submit an Expression of Interest (EOI) under the Community Right to Challenge:
- a voluntary or community body
- charities
- parish and town councils
- two or more local authority employees of the relevant authority
- any other person or body specified by the Secretary of State by regulations
Individuals are not allowed to use the Community Right to Challenge or submit an Expression of Interest.
If you are a voluntary or community organisation then any legal structure, which can be shown to be ‘not for profit’, will be eligible for submitting an Expression of Interest or that your activities are primarily for community benefit. However, a legal structure which has limited liability status, is likely to be essential when it comes to running the service.
Two or more members of our team can also submit an Expression of Interest. If you are already involved in delivering the service you wish to take over, you don’t need to have a registered organisation at the point of submitting an Expression of Interest. However, you would need to show that by the time of the procurement exercise, you would establish a suitable organisation to be able to run the service.
All ‘relevant authorities’ must consider Expressions of Interest. The Localism Act lists which are relevant authorities:
- County Councils
- District Councils
- London Borough Councils
- Certain Fire and Rescue Authorities
What services are relevant?
The Community Right to Challenge applies to all ‘relevant services’ which means all the services we provide, unless they are listed as an exclusion.
Exclusions include individual packages of services for continuing health and social care for named individuals with complex needs, provided or commissioned by us or an NHS body.
It is the responsibility of the nominating group to identify the full details of the service. We are unable to accept Expressions of Interest where the service has not been clearly identified. However, we may be able to help with providing the information you need. You will need to allow us up to 8 weeks to supply this information.
The Community Right to Challenge does not include any of our ‘functions’. For example, one of our functions is granting or refuse planning permission, but the processing of planning applications is a service.
Expressions of Interest can be submitted for only part of a service, or for delivery in a specific geographic area within Somerset.
Expression of Interest (EOI)
Before completing or submitting an Expression of Interest, speak to our Strategic Partnerships team to discuss ways of improving our services, or to look at alternative models for service delivery.
Somerset Council may choose to specify periods during which Expressions of Interest may be submitted for any relevant service.
You can submit an Expression of Interest either in writing or by completing the online form. Your application must include all the required information. If you do not provide this information, we will not be able to consider your application.
In the Downloads section, you can find guidance on completing an Expression of Interest. This includes what information to provide, things to consider before applying and the grounds on which we may reject an application.
We will acknowledge receipt of your nomination within 30 calendar days. During or after this time we will contact you for further information and discuss your proposal.
If your Expression of Interest is eligible, we aim to consider it within 6 months. All eligible Expressions of Interest will be considered by our District Executive, which meets monthly. We will notify you of the date of the meeting and notify you of any decisions made within 30 days of the meeting.
If your Expression of Interest is accepted, we are then bound by law to undertake a procurement exercise. The time taken to begin this will depend on the service and the way it’s delivered.
We will notify you if your proposal is not eligible.
Expressions of Interest should be emailed to communities@somerset.gov.uk or posted to:
Strategic Partnerships (B1E)
Somerset Council
B1 East
County Hall
Taunton
TA1 4DY
What happens next
If we accept an Expression of Interest for a relevant service, we will undertake an appropriate procurement exercise for the service having regard to the nature and value of the contract that may be awarded, and in accordance with its policies and procedures regarding the procurement of services.
The timescale for any procurement exercise will vary according to the nature, scale and complexity of the service that the Expression of Interest relates to. For example, if you are submitting an Expression of Interest for a service where we have existing contracting obligations, then we will need to take into account the period of time that the contract still has to run, which could be a considerable period in some cases. The procurement exercise will involve other potential providers, not just the relevant body that submitted the original Expression of Interest.
If we decide to modify or reject an Expression of Interest, we will notify the relevant body of the decision, giving reasons for it. The notification will also be published on our website.
Procurement process
Once a procurement exercise is underway all potential bidders will be treated the same. The process of expressing an interest does not give the nominating body any preferential rights once the procurement exercise begins. The legislation does not restrict who Somerset Council can transfer the service to. It does not guarantee that the community will be able to take over the running of the service.
