Community Right to Challenge for Council Services - Further Information

I am interested in running a local service, can anyone apply?

There are a number of eligible groups, also known as relevant bodies. The statutory guidance defines these groups. A link to this guidance is on the right hand side of this page.

Which services are open to the Community Right to Challenge?

The Community Right to Challenge Statutory Regulations explains which services the Community Right to Challenge applies to and services that are exempt. The Right applies to most of Broxtowe Borough Council's services. The Expression of Interest Register shows the services and when they are open for expressions of interest. Services not on this register can be subject of an expression of interest at any time.

What if no-one bids for a service, will Broxtowe Borough Council cut the service?

If no expressions of interest are received within the time window we will continue providing the service as it is currently provided. However, we may consider the best value options available in the future and may publish a second time window at a later stage.

What happens to the expression of interest once it has been received?

Once received, as long as within the window, the Council will consider the expression of interest against criteria such as eligibility, legality, and value. The appropriate will make the final decision. The Council will inform all applicants who submitted an expression of interest of the decision and we will update the Expression of Interest Decisions Register to show the outcomes of the process.

Would Broxtowe Borough Council step in if the new provider fails?

The Right to Challenge makes it clear that councils can hand over the running of a service to other organisations, but cannot let go of their responsibility for the provision of the service. If another organisation is running a service that Broxtowe Borough Council is required to provide and it fails, the Council will be responsible for finding another way to provide the service so that service provision is not interrupted as far as possible.

What does the Community Right to Challenge apply to?

The Right only applies to the provision of services. It does not provide for delegation of the functions of the local authority. The responsibility for the function itself remains with the Council.

Will any money be available for those who want to run a service?

There will not be additional money for running the service. The value of the contract will be published as part of the procurement exercise.  This will also outline any overheads or Transfer of Undertakings (protection of employment) (TUPE) implications of running the service.

There are a number of national funding sources available and government has announced some additional start-up funding to support community groups who want to use the new rights.

Will there be any restrictions or requirements on those who run a service? Will they be able to make changes to the services and what it offers?

The contract specification will be part of the procurement exercise and the service will need to be delivered to the specification (including any financial or legal requirements). Any future control and possible changes to the service will be set out in the specification.