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
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 email@example.com
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
- 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
- How will your offer be more successful than other potential
- Do you want to join with another organisation to deliver the
- 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
- How will your offer benefit the local community more widely
e.g. creating jobs, promoting volunteering or improving
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.