Community right to challenge

The right to challenge

The right to challenge allows voluntary and community groups, charities, parish councils, and local authority staff to bid to run a service where they believe they can do so differently and better. This may be a whole service or part of a service.

Organisations wishing to exercise the right to challenge will need to submit a written expression of interest. We have to consider and respond to expressions of interest which, if accepted, will trigger a procurement exercise for that service. The challenging body can then participate, alongside others.

For more information on the Community Right to Challenge, visit the Communities and Local Government website.

Expressing an interest

The Expression of Interest must be in writing and include the following information. If the proposal is to deliver the relevant service as part of a consortium to use a sub-contractor, the following information must be given in respect of each member of the consortium and each sub-contractor as appropriate:

who has expressed the interest and who is proposing to deliver the service;
information about the financial resources of the organisation submitting the expression of interest;
evidence to demonstrates that, by the time of any procurement exercise, the organisation submitting the expression of interest will be capable of providing, or assisting in providing, the relevant service;
sufficient identification of the service to be considered and the geographical area that the service affects;
the outcomes that are to be achieved and, in particular how the service will improve the well-being and meet the needs of service users; and how the service will promote the social, economic or environmental well-being of the borough;
where the relevant body consists of employees of the relevant authority, details of how that relevant body proposes to engage other employees of the relevant authority who are affected by the expression of interest.

Our response to an expression of interest

The Council may accept an expression of interest, accept it with modifications, or reject it. Potential reasons for rejection are listed below:

if the expression of interest does not meet the requirements of the service, or is outside the regulations that the council must comply with;
if the information presented is inaccurate or is inadequate to be fully considered;
the organisation submitting the expression of interest is not suitable to provide the service;
the expression of interest relates to a service where a decision has been made to stop providing that service;
the expression of interest relates to a service which falls outside of the Localism Act 2011 because it is an exempt service;
the expression of interest relates to a service which is already the subject of a procurement exercise;
the expression of interest relates to a service for which negotiations are underway;
the expression of interest is frivolous or vexatious;
acceptance of the expression of interest is likely to lead to a breach of the law, or statutory duty.

When to submit an expression of interest

Relevant bodies may submit written expressions of interest in the provision of a relevant service between 1 January and the last day of February (the submission period) in any calendar year.

Where an expression of interest is accepted the relevant body will be advised of the commencement of any procurement exercise for the service which shall not be less than 3 months nor more that 18 months from the date of acceptance.