Community Right to Challenge (CRTC)

1. Community Right to Challenge(CRTC) Jason Swann December 2012

2. Origins • Localism Act (2011) • Royal Assent November 2011 • Provisions relating to CRTC came into force 27 June 2012. “The Localism Act sets out a series of measures with the potential to achieve a substantial and lasting shift in power away from central government towards local people. They include: new freedoms and flexibilities for local government; new rights and powers for communities and individuals; reform to make the planning system more democratic and more effective, and reform to ensure that decisions about housing are taken locally” Rt Hon Greg Clark MP, Minister of State for Decentralisation

3. What is CRTC? • Gives “relevant bodies” the right to express an interest in running of local “relevant services” to a “relevant authority” • Relevant authorities: • County council • District council • London borough council • Some fire and rescue authorities • Relevant bodies: • Voluntary or community group, including social enterprises • An organisation or trust formed for charitable purposes • Parish council • Two or more employees of the relevant authority

4. What is a relevant service? • Only applies to the provision of services not the delegation of functions. • Examples: • Planning. Granting planning permission is a function. Processing the application is a service. • Youth Justice. Commissioning of services is a function. Delivery is a service. • Jointly commissioned services with the NHS. • Depends on where the function lies • Services provided on behalf of the NHS are excluded

5. Expressions of Interest • Information about the financial resources of the relevant body • Evidence they are capable or will be capable of delivering the service • Sufficient information on the service to which the EOI refers. • Information on proposed outcomes: • Promotion or improvement of social and economical wellbeing • How will the proposal meet the needs of end users • Where the EOI is from employees – how will other affected employees will be engaged • Note: we can request additional information but cannot use it to reject an EOI

6. Grounds for Rejection • Outside the window for the acceptance of EOI • Inaccurate or insufficient information • Relevant body not capable of providing the service • A decision has been made in writing to stop the service • Service already subject to a procurement exercise • Negotiations are ongoing with a third party for the delivery of the service including staff submitted EOIs • The EOI is vexatious or frivolous • Acceptance would lead to a breach of statutory duty or rule of law

7. Outcome • A procurement exercise – open to all. • Appropriate to value and nature of service. • TUPE Implications

8. What it means for the VCF and communities • All 3rd sector orgs which return any profits to the community are eligible • Consortiums allowed, provided all members meet the requirements • Put forward EOI to provide in-house services, or where contract up for renewal

9. What it doesn’t mean • No guarantee that the organisation putting forward a challenge will win the contract • Not a souped-up complaints process – EOI only accepted if the proposing organisation is capable of providing a service

10. What next? • Interested? • Talk to us first • Information • Financial awareness • Timing

11. Questions/Comments