Issue - meetings

By way of a report by the Head of Legal and Democratic Services to consider arrangements to operate the new Community Right to Challenge initiative as defined in the Localism Act 2011.

Authorised the Managing Directors, after consultation with the appropriate Executive Councillor to accept or reject any expression of interest made under the new Community Right to Challenge.

Consideration was given to a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) outlining proposed arrangements to operate the new Community Right to Challenge.

Members were advised that the Community Right to Challenge had been created by the Localism Act 2011 and introduced a right for defined organisations and persons to submit an expression of interest in taking over the provision of a service on behalf of the Council.  Where a valid expression of interest is received, the Council would be required to undertake a procurement exercise for that service which may lead to the Council awarding a contract for the service’s provision.  Having considered the proposed process for receiving and dealing with expressions of interest and in noting the views of the Overview and Scrutiny Panel (Economic Well-Being) thereon, the Cabinet

RESOLVED

  that the Managing Directors, after consultation with the appropriate Heads of Service and the relevant Executive Councillor, be authorised to accept or reject an expression of interest on behalf of the Council.

To consider a report by the Head of Legal and Democratic Services setting proposed arrangements for the Council to operate the new Community Right to Challenge.

With the assistance of a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) the Panel considered the Council’s proposed arrangements for the operation of the new Community Right to Challenge. The Right to Challenge had been created by the Localism Act and introduced a right for defined organisations and persons to submit an Expression of Interest in taking over the provision of a service on behalf of the Council.

In considering the contents of the report, Members raised a number of questions about the proposed process for dealing with an Expression of Interest. With regard to the question of whether there was a test for reasonableness which could be applied to an Expression of Interest they were informed that there was no such prescription within the legislation. Members also noted that in the case of an internal application being submitted in competition with an Expression of Interest from elsewhere, it would be judged independently against the criteria which had been defined as part of the procurement process.

In response to a question about the national situation and whether other Authorities had received a significant number of Expressions of Interests, Members were informed that this did not appear to be the case.

In considering the grounds upon which the Council might reject a valid Expression of Interest, Members queried whether the Council should specify the terms on which any interest would be considered vexatious or trivial. The Head of Legal and Democratic Services advised that the wording within the Council’s procedure reflected that of the Statutory Instrument and that there had been no Government Guidance published to-date. It would be a matter for the Council to interpret at the appropriate time.

In view of the additional costs which might be incurred by the Council, Members questioned whether any funding was currently included within the Medium Term Plan for dealing with the Community Right to Challenge. It was confirmed that there was currently no provision for this purpose. Comment was made that this was a further example of Central Government passing down responsibilities to Council’s without providing them with the necessary additional funding.

In considering the recommendation within the report, Members requested that the matters which were to be delegated and the process leading to a decision should be clarified for the Cabinet meeting. Having noted that the procurement exercise had the potential to be a time consuming and costly exercise for the Council, it was

RESOLVED

that subject to the necessary consultation, the Cabinet be recommended to authorise the Managing Directors to respond to Expressions of Interest on behalf of the Council.