Issue - meetings

The Localism Act 2011 introduced legislation that enables community groups and other relevant bodies to submit an expression of interest in relation to providing Council services. This paper summarises the requirements of the legislation and makes proposals concerning the necessary processes and procedure that the Council should have in place to be compliant with the provisions of the Act with respect to the right to challenge.  The community right to challenge does not automatically provide groups with the right to provide a service, it enables them to express an interest.  However if the expression of interest meets the criteria set out within the act and the guidance it can trigger the requirement for the council to run an open competitive tendering process for these services.

(i)         that the requirements of the Localism Act 2011 and the Statutory Guidance on the Community Right to challenge from the Secretary of State be noted;

(ii)        that for the financial year 2013/14, a bidding window be set for the period between 1 May 2013 and 30 June 2013 for community groups to submit expressions of interest to the Council under the community right to challenge;

(iii)       that for subsequent financial years after 2013/14, an annual bidding window be set for the period between 1 April and 30 May for community groups to submit expressions of interest to the Council under the community right to challenge;

(iv)       that officers be authorised to produce and publish a list of services due to be the subject of contracting processes in the following financial year in conjunction with the annual bidding window, starting from May 2013 for the financial year 2013/14;

(v)        that authority be delegated to directors for the relevant service areas to be responsible for assessing the expressions of interest against the criteria within the statutory guidance relating to the community right to challenge and deciding whether to accept or reject the expressions of interest;

(vi)       that the decision of the Director of Regeneration and Major Projects to accept the expression of interest made by Brent Tenants Rights Group regarding the Council’s Tenancy Relations Service as set out in paragraph 3.33 of the report be noted.

The Localism Act 2011 introduced legislation that enables community groups and other relevant bodies to submit an expression of interest in relation to providing Council services. The report from the Directors of Legal and Procurement and Strategy, Partnerships and Improvement summarised the requirements of the legislation and made proposals concerning the necessary processes and procedure that the Council should have in place to be compliant with the provisions of the Act with respect to the right to challenge. The Community Right to Challenge did not automatically provide groups with the right to provide a service, it enabled them to express an interest.  However if the expression of interest met the criteria set out within the act and the guidance it could trigger the requirement for the council to run an open competitive tendering process for these services.

In response to a request from Councillor Lorber to extend the bidding window from the proposed 1 May to 30 June, the Director of Legal and Procurement commented that community organisations had been consulted, the timescales were similar to those adopted in other boroughs and there was a need for certainty around service provision.

RESOLVED:

(i)         that the requirements of the Localism Act 2011 and the Statutory Guidance on the Community Right to challenge from the Secretary of State be noted;

(ii)        that for the financial year 2013/14, a bidding window be set for the period between 1 May 2013 and 30 June 2013 for community groups to submit expressions of interest to the Council under the community right to challenge;

(iii)       that for subsequent financial years after 2013/14, an annual bidding window be set for the period between 1 April and 30 May for community groups to submit expressions of interest to the Council under the community right to challenge;

(iv)       that officers be authorised to produce and publish a list of services due to be the subject of contracting processes in the following financial year in conjunction with the annual bidding window, starting from May 2013 for the financial year 2013/14;

(v)        that authority be delegated to directors for the relevant service areas to be responsible for assessing the expressions of interest against the criteria within the statutory guidance relating to the community right to challenge and deciding whether to accept or reject the expressions of interest;

(vi)       that the decision of the Director of Regeneration and Major Projects to accept the expression of interest made by Brent Tenants Rights Group regarding the Council’s Tenancy Relations Service as set out in paragraph 3.33 of the report be noted.