Agenda item

Community Right to Challenge

Decision:

That (A) the Council appoints the Director of Neighbourhood Services to be the proper officer for the receipt, validation and acceptance or rejection of expressions of interest;

 

(B)     the proper officer bring forward for approval by the Executive a timetable for the acceptance or rejection of expressions of interest;

 

(C)    the proper officer be authorised, after consultation with appropriate Heads of Service, to determine whether grounds exist to reject an expression of interest, and, subject to prior consultation with the appropriate Portfolio Holder, to accept or reject an expression of interest on behalf of the Council, with an instruction to refer sensitive expressions of interest to the Executive for consideration;

 

(D)    the proper officer report quarterly to the Executive on any expressions of interest received;

 

(E)     the Chief Executive Officer is appointed deputy for the proper officer to act in the situation where the proper officer is absent or if a conflict situation exists between the proper officer and the expression of interest submitted;

 

(F)     discussions take place with the authorities with whom the Council has joint arrangements about how expressions of interest are to be handled;

 

(G)    the Executive designate a procurement officer to act as the project lead for any procurement exercises;

 

(H)     the procurement officer be instructed to propose to the Executive timescales for the period between acceptance of an expression of interest and start of the procurement exercise;

 

(I)      the proper officer (or deputy) be responsible for managing each procurement exercise, subject to the settlement of the specification for the service and the evaluation of tenders being joint  with the appropriate Head of Service or Director;

 

(J)     the procurement officer be instructed, after consultation with appropriate officers, to propose a timetable of periods within which expressions of interest for specified services will be received;

 

(K)     where a Head of Service, after consultation with the relevant Portfolio Holder, decides that an in-house bid will be prepared and submitted, he must agree with his Director arrangements for the identification of separate commissioning and bid preparation teams;

 

(L)     the Executive take a policy decision on whether it wishes to encourage community and voluntary participation, and/or staff mutual participation, in the provision of services;

 

(M)    if so, that officers be instructed to report to the Executive on how such participation may be encouraged; and

 

(N)     where an Expression of Interest involving a particular locality is received, the local ward Member(s) be informed.

Minutes:

The Leader of the Council submitted a report proposing the arrangements which the Council should adopt in order to operate the new Community Right to Challenge.

 

The Executive noted that the Localism Act 2011, had introduced a right for Parish Councils, community and voluntary bodies, charitable trusts and 2 or more local Council employees to submit an Expression of Interest in taking over the provision of a service on behalf of the Council.  Where a valid Expression of Interest is received, the Council would be required to undertake a procurement exercise for that service, which might lead to the Council awarding a contract for its provision.

 

In response to Members’ comments, the Executive agreed an additional recommendation to the effect that local ward councillors would be informed in situations where an Expression of Interest relating to a particular locality, is received.

 

The Executive approved the proposals as now detailed.

 

RESOLVED - that (A) the Council appoints the Director of Neighbourhood Services to be the proper officer for the receipt, validation and acceptance or rejection of expressions of interest;

 

(B)      the proper officer bring forward for approval by the Executive a timetable for the acceptance or rejection of expressions of interest;

 

(C)      the proper officer be authorised, after consultation with appropriate Heads of Service, to determine whether grounds exist to reject an expression of interest, and, subject to prior consultation with the appropriate Portfolio Holder, to accept or reject an expression of interest on behalf of the Council, with an instruction to refer sensitive expressions of interest to the Executive for consideration;

 

(D)      the proper officer report quarterly to the Executive on any expressions of interest received;

 

(E)      the Chief Executive Officer is appointed deputy for the proper officer to act in the situation where the proper officer is absent or if a conflict situation exists between the proper officer and the expression of interest submitted;

 

(F)       discussions take place with the authorities with whom the Council has joint arrangements about how expressions of interest are to be handled;

 

(G)      the Executive designate a procurement officer to act as the project lead for any procurement exercises;

 

(H)      the procurement officer be instructed to propose to the Executive timescales for the period between acceptance of an expression of interest and start of the procurement exercise;

 

(I)        the proper officer (or deputy) be responsible for managing each procurement exercise, subject to the settlement of the specification for the service and the evaluation of tenders being joint  with the appropriate Head of Service or Director;

 

(J)       the procurement officer be instructed, after consultation with appropriate officers, to propose a timetable of periods within which expressions of interest for specified services will be received;

 

(K)      where a Head of Service, after consultation with the relevant Portfolio Holder, decides that an in-house bid will be prepared and submitted, he must agree with his Director arrangements for the identification of separate commissioning and bid preparation teams;

 

(L)       the Executive take a policy decision on whether it wishes to encourage community and voluntary participation, and/or staff mutual participation, in the provision of services;

 

(M)      if so, that officers be instructed to report to the Executive on how such participation may be encouraged; and

 

(N)      where an Expression of Interest involving a particular locality is received, the local ward Member(s) be informed.

Supporting documents: