The Community Right to Challenge

What is the Community Right to Challenge?

The Community Right to Challenge (CRTC) was introduced on 27th June 2012 as part of the Localism Act 2011. The CRTC can assist local authorities to make sure that services are efficient, good value and meet the needs of local people and makes it easier for voluntary and community groups, Town and Parish councils, and other eligible organisations to bid to run local authority services.

Who can bid?

Only the eligible bodies listed below can bid to run relevant local authority services under the CRTC.

  • Voluntary groups
  • Community groups
  • Charitable organisations
  • Parish or Town Councils
  • Two or more employees of the Council

What services can be bid for under CRTC?

CRTC applies to most services run by the Council. The exceptions are:

  • Services that are provided by the Council to a named person with complex individual health or social care needs.
  • Services that are commissioned and managed by individuals or their representatives using direct payments.
  • The statutory guidance however gives the Council certain grounds for rejecting EOIs for any service which meets the following criteria:
  • Services already subject to a procurement exercise, or where negotiation to commission or contract the service is already under negotiation and at least in part conducted in writing.
  • Services that the Council has already made a decision to stop providing altogether and evidenced in writing.
  • Services that the Council has already published its decision to consider a proposal from employees to run the service.

When and how to bid

An Expression of Interest (EOI) must be submitted using the form on this page.

We strongly encourage any eligible body to contact the Council prior to submitting an EOI.

In 2016 the Council will only accept and consider EOIs submitted in the EOI window of 1 April to 30 June.

What does the Council do when an application is received?

Before accepting an EOI, the Council must be sure that it is a genuine offer, and is not vexatious. It must also be sure that acceptance of an EOI does not put it in breach of the law. Finally the Council must comply with its best value duty, having regard to a combination of economy, efficiency and effectiveness.

Statutory guidance states what must be assessed in order to be sure that eligible bodies putting forward an EOI are capable of providing the relevant service, and have the financial and other resources to do so.

The Council is only allowed to base its decision on whether to accept, accept with modification or reject an EOI based on the information on the form. No other information can be considered however, supporting documents can be submitted to provide evidence of the information on the form e.g. articles of association or registration with Companies House to provide evidence of being a relevant body.

Putting forward an EOI does not mean that the eligible body gets to run the service but if the challenge is accepted by the Council it triggers a procurement process in accordance with the Council’s procurement rules.

The Council must let the eligible body know the date by which a decision will be made on the EOI within 30 days of the end of the EOI window.

Local criteria for eligible bodies

When will we accept expressions of interest (EOI)?

In 2016 the Council will only accept and consider EOIs submitted in the EOI window of 1 April to 30 June.

The Council is committed to finding the best delivery model to achieve the priority outcomes for the District, at the best possible value to the taxpayer, making the best use of our total resources.

If you are thinking about expressing an interest in running a local service, get in touch!

We would welcome a discussion with you as early as possible. There may be ways in which we can help you achieve what you want without having to submit an EOI.

If you do wish to submit an EOI:

  • You must ensure you submit your EOI during the appropriate notification window. 
  • The form and accompanying guidance (see below) are aimed at helping you to ensure you do meet the requirements specified in the Act or in regulations.

How will we assess your ability to provide the service?

The Council seeks to encourage and promote social responsibility and active citizenship.

Statutory guidance tells us what we must assess in order to be sure that eligible bodies putting forward an EOI are capable of providing the relevant service, and have the financial and other resources to do so.

In addition, eligible bodies must show how your provision of the service will improve or promote social, economic or environmental wellbeing – otherwise known as social value.

We would expect the social value to be demonstrated through some form of investment in the local community: for example employing people locally; advertising recruitment opportunities locally; or supporting vulnerable adults to take training or development opportunities to improve skills.

In your EOI:

  • You must tell us how you are going to meet the needs of service users; 
  • You must tell us how you will engage with Council employees affected by your EOI; 
  • You must tell us how you think your EOI will promote social value.

Which services are relevant?

Community Right to Challenge applies to most Services run by the Council. There are very few exemptions as listed below:

  • Services that are partly or fully commissioned by an NHS body are exempt until April 2014. This includes Children’s Centres which are delivered in part by the NHS. 
  • Services that are provided by the Council to a named person with complex individual health or social care needs. 
  • Services which are commissioned and managed by individuals or their representatives using direct payments.

The statutory guidance does however also give the Council grounds for rejecting EOIs for services which meet the following criteria:

  • Services already subject to a procurement exercise, or where negotiation to commission or contract the service is already under negotiation and at least in part conducted in writing. 
  • Services that the Council has already made a decision to stop providing altogether and evidenced in writing. 
  • Services that the Council has already published its decision to consider a proposal from employees to run the service.

Before accepting an EOI, the Council must be sure that the EOI is a genuine offer, and is not vexatious. The Council must also be sure that acceptance of an EOI does not put it in breach of the law. Finally the Council must comply with its best value duty, having regard to a combination of economy, efficiency and effectiveness.

*Please note that the statutory guidance refers to eligible bodies as ‘relevant’ bodies.

Contact details

If you are thinking of submitting an EOI please contact
Commissioning and Procurement
Britannia House
Bradford
BD1 1HX

Phone : 01274 434656
Email : crtc@bradford.gov.uk

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