What to consider if you want to take over a service using the Right to Challenge

To compete in a procurement exercise and run a public service effectively you will need to think about all the issues related to delivering that service, and the detail of how you are going to get there. The Right to Challenge is effectively a step to running a sustainable and financially viable public service as a business.

The Right to Challenge does not allow for a service to be run for a trial period. If an expression of interest is accepted a procurement process will take place and all providers will be treated equally . This process is open to competition and involves other potential providers (including private sector), not just those submitting the original expression of interest.

Right to Challenge is just one way you can put your ideas to us, it may not always be the best way, you can contact the service directly, speak to your local council member, email us on righttochallenge@kent.gov.uk or call 08458 247 247. 

Some areas you may need to think about when considering whether to put in an expression of interest:

• My Community Rights is an online hub which offers support and guidance for anyone looking to use the Community Rights, including the Right to Challenge. They also provide advice on grant funding which is available through The Social Investment Business.  You may want to contact them or look at the information before you submit and expression of interest.
• You may want to talk to us directly in the ways described above.
• Running a service is very complex and requires relevant experience and skills. When deciding who is suitable to provide services through a procurement exercise, we will need to consider factors like your organisation's experience in the sector,  whether the size and infrastructure of your organisation is appropriate to provide the service and the technical and professional ability of your organisation. Can you prove your track record and capability to provide the service?
• Procurement processes can take some time to complete. Do you have resources and financial flexibility to continue engaging throughout the process? How will you finance the running of the service and the capital assets required?
• What size of service can you deliver i.e. for the whole county or one area?
• What kind of legal entity does your group need to become in order to compete in a procurement exercise and deliver the service, for example a social enterprise or a charity? What kind of legal structure would best suit the services and deliver your objectives?
• How will your offer be more successful than other potential providers?
• Do you want to join with another organisation to deliver the service?
• What staff will you need to employ and on what terms and conditions, you may need to think about TUPE - Transfer of Undertaking (protection of employment)?
• How will your offer benefit service users and meet their needs?
• How will your offer benefit the local community more widely e.g. creating jobs, promoting volunteering or improving skills?

Advice and guidance about these issues can be found from a number of independent organisations that seek to support and coach individuals, groups or small organisations in becoming social enterprises.