The community right to challenge was introduced through the Localism Act 2011, and came into effect in April 2012. Under the right, a local group or group of local authority employees can express an interest in running a council service. The council must then consider this expression of interest, and if it thinks it is feasible then a full procurement exercise will take place.
Who can use the community right to challenge?
Expressions of interest can only be submitted by a “relevant body”, which is defined in legislation as:
- a voluntary body i.e. a body whose activities are not carried on for profit
- a community body i.e. a body that carries on activities primarily for the benefit of the community
- a body of persons or a trust which is established for charitable purposes only
- a parish council
- two or more employees of the local authority
Can I express an interest in any council service?
Almost all council services can be subject to an expression of interest.
Council functions (eg making decisions on planning applications) are exempt. A full list of council functions is provided in Part 3 of the council’s constitution
In addition, the government has decided that the following services are also exempt from the right:
- Until 1 April 2014: a relevant service commissioned in conjunction with one or more health services under a partnership arrangement or by a relevant authority and an NHS body acting jointly.
- Until 1 April 2014: a relevant service commissioned by an NHS body on behalf of a relevant body (i.e the local authority).
- A relevant service commissioned or provided by a relevant authority in respect of a named person with complex individual health or social care needs.