Right to challenge

The community right to challenge requires us (subject to a few exceptions) to consider expressions of interest from relevant bodies in providing our services. If we accept an expression of interest, it must then conduct a procurement exercise.

The bodies able to express an interest are:

• a voluntary or community body

• a body of persons or a trust which is established for charitable purposes only

• a parish council

• two or more employees of the relevant authority; and

• any other person or body specified by the Secretary of State by regulations.

Expressions of interest must be in writing and must contain specified information as follows:

• identification of relevant body

• financial resources

• evidence of capability in providing service/s

• identify service and geographical area

• outcomes that are to be achieved

• how provision will promote or improve the social, economic or environmental well-being of the relevant authority’s area and how it will meet the needs of the users of the relevant service. 

We would ask anyone wishing to express an interest in providing one of our services to refer to the Localism Act 2011 and regulations made under it (in particular Statutory Instrument 2012/1313) and also the Statutory Guidance on the provisions relating to this, which can be found on the Department for Community and Local Government website.