- Community Right to Challenge for Council Services - The Process
Community Right to Challenge for Council Services - The Process
Step 1 - Council opens up services for expressions of interest
The Community Right to Challenge applies to most of the services that Broxtowe Borough Council provides. The right only applies to the provision of services. It does not provide for delegation of the functions of a relevant authority. The responsibility for the function itself remains with the Council.
See the Expression of Interest Register to find out when services are open for expressions of interest.
Services not on this register are open for expressions of interest to be submitted at any time.
Step 2 - Applicant submits expression of interest
Submitting an expression of interest is the first formal step in using the Community Right to Challenge. The applicant must submit their expression of interest by using the Expression of Interest Form found on this page.
This form requests all the information the Council requires to evaluate your expression of interest.
Expressions of interest can only be submitted within the defined time window, apart from services not on the register which are open for expressions of interest to be submitted at any time.
Step 3 - Expression of interest is accepted, rejected or a change is requested
The Council will acknowledge a receipt of an expression of interest within 30 days.
If the Council has specified a period within which expression of interests must be submitted (e.g. 1st April 2013 to 30th June 2013), the Council must, within 30 days of the end of this period (i.e. by the 30th July 2013), notify the applicant of the timescale within which the Council will inform it of its decision regarding the expression of interest that has been received.
If the Council has not specified such a period, the Council must notify the applicant within 30 days of the receipt of expression of interest, of the timescale within which the Council will notify the bidding organisation of its decision regarding the expression of interest received.
The maximum period in which to notify the organisation of any decision will vary between services and will depend on such factors such as complexity, monetary value and scale. It is not expected to exceed 13 weeks.
A submitted expression of interest will be considered in the first instance by a panel consisting of the Chief Executive, Deputy Chief Executive and relevant Chief Officer (or Head of Service). The views of the panel will be discussed with the Leader of the Council and relevant portfolio holder before a decision on the expression of interest is given to the applicant.
Criteria to be considered by the panel include:
Eligibility - whether the organisation is a 'relevant body' and is considered to be suitable to provide the service: whether the service in question is within the scope as prescribed by legislation
Legality - whether the expression of interest complies with legal requirements as set out in the Localism Act or regulations; whether the proposal would involve breaking an existing contract and whether any legal or statutory duties would be effected
Value - whether the proposal would meet the Council's value for money duty and demonstrate social value
If an expression of interest is accepted, then the minimum period between the date of acceptance and the date on which a procurement exercise will begin is 12 weeks and the maximum period is 26 weeks.
If an expression of interest is rejected, the Council will publish the decision and the reasons for that decision online.
The Council will notify the applicants who have submitted an expression of interest of the decision and we will update the Expression of Interest Decision Register to show the outcomes of the process.
Step 4 - A procurement process begins if an expression of interest in accepted
If the Council accepts (even with modification) an expression of interest for a service, then the Council will carry out a procurement exercise to select the most appropriate service provider. The minimum period between the date of our decision to accept an expression of interest and the date on which the procurement exercise will begin is 12 weeks. The maximum period is 26 weeks. The time between the expression of interest acceptance and the procurement process starting provides additional time for the groups who submitted expressions of interest to prepare to compete in the procurement exercise. This is one of the main benefits of Community Right to Challenge.
The procurement process must comply with the Council's Constitution and the EU Public Procurement regulations. This process is open to competition and involves other potential providers (including the private sector), not just those submitting the original expression of interest. Procurement processes can take some time to complete, and potential providers will need the resources and financial flexibility to continue engaging throughout the process.