localism: community rights and challenges monday 10 september 2012

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Localism: Community Rights and Challenges Monday 10 September 2012

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Page 1: Localism: Community Rights and Challenges Monday 10 September 2012

Localism: Community Rights and Challenges

Monday 10 September 2012

Page 2: Localism: Community Rights and Challenges Monday 10 September 2012

Conference Chair

Cllr Chris Millar, Daventry District Council

Page 3: Localism: Community Rights and Challenges Monday 10 September 2012

Localism and the Localism Act:An overview

East Midlands CouncilsAlan Waters, Learning & Development

ManagerLGIU

Page 4: Localism: Community Rights and Challenges Monday 10 September 2012

Building the Big Society throughthe Localism Act

Decentralisation – giving away power to individuals, professionals and communities

Big Society - people, neighbourhoods and communities have more power and responsibility and use it to

create better services and outcomes

Right to BidRight to Challenge

Right to Build &

neighbourhood planning

Page 5: Localism: Community Rights and Challenges Monday 10 September 2012

We have been here before?

Page 6: Localism: Community Rights and Challenges Monday 10 September 2012

Localism Act

• Introduced on 13th December 2010

• Passed final Commons stage 7th November 2011 and Royal Assent 15th November with key implementation April 2012 onwards

Page 7: Localism: Community Rights and Challenges Monday 10 September 2012

Headline areas of impact

• Powers to call referendum (Council Tax)• Power of General Competence• ‘Community Rights’ (Planning, Services, Assets)• Council / social housing tenancies and rents• Councils (governance)• FinanceIn short - touches on all areas of local

authority activity

Page 8: Localism: Community Rights and Challenges Monday 10 September 2012

A plain English guide to the Localism Act

Page 9: Localism: Community Rights and Challenges Monday 10 September 2012

Familiar language

• ‘local’; ‘localism’; ‘choice’; ‘community’; ‘accountability’; ‘freedom’; ‘decentralisation’;

BUTA wide range of views about what this

means in practice for local government; elected members and the ‘communities’ they represent.

Page 10: Localism: Community Rights and Challenges Monday 10 September 2012

What’s in a word? -‘community’

Different meanings under different parts of the Act (and the wider localism agenda)•Community Right to Challenge•Neighbourhood Planning•Community Right to Bid•Applications for Free Schools•Academy conversions.

Page 11: Localism: Community Rights and Challenges Monday 10 September 2012

Localism: What sort of hand is local government holding?

Page 12: Localism: Community Rights and Challenges Monday 10 September 2012

Different views of ‘Localism’

“ I think it is reasonable that councils shouldn’t use their new found freedom to saddle up the horses, arm their citizens and invade France. Apart from that, the world will be your oyster”.

Eric Pickles MP, Secretary of State for Communities & Local Government. Local Government Association Conference, July 2010.

Page 13: Localism: Community Rights and Challenges Monday 10 September 2012

Localism: What sort of hand is local government holding?

Page 14: Localism: Community Rights and Challenges Monday 10 September 2012

Different Views of ‘Localism’

‘The Localism Act is conditioned by the dominant centralist culture of central government… it could as well have been called the Centralism Act’

George Jones & John Stewart ‘The World will be your Oyster’

Reflections on ‘The Localism Act 2011’

Page 15: Localism: Community Rights and Challenges Monday 10 September 2012

Henry VIII Clauses

• These allow a Minister to use regulations to create new laws which have the same force as Acts of Parliament but which don’t undergo the same rigorous process.

• Localism Bill peppered with HVIII clauses.

Page 16: Localism: Community Rights and Challenges Monday 10 September 2012

Freedoms: General Power of Competence

• Framed as though local authorities can act as an individual (i.e. anything not expressly illegal)

• Duties still exist around e.g. competition, equalities; ‘reasonableness’ and Human Rights

• Secretary of State reserves the power to make orders preventing specific activities using the power

• E.g. no abolition or variation of any tax.

Page 17: Localism: Community Rights and Challenges Monday 10 September 2012

Restrictions: Council Tax Referendums

Requirement for local authorities to hold a referendum if they seek to set a level of council tax that this above the threshold considered ‘excessive’ by reference to regulations made by the Secretary of StateA centralising mechanism for the SoS to set the amount of council tax.

Page 18: Localism: Community Rights and Challenges Monday 10 September 2012

Devolving contentious issues

• Welfare Reform changes• Housing reforms• Budget reductions

Page 19: Localism: Community Rights and Challenges Monday 10 September 2012

Just the beginning

• Within the possibilities and constraints of the legislation elected members must map out their own political direction:

• There is no ‘blue print’ but central government will try to influence what happens on the ground.

Page 20: Localism: Community Rights and Challenges Monday 10 September 2012

It takes three to Tango?

Page 21: Localism: Community Rights and Challenges Monday 10 September 2012

• Must be seen as part of an even larger landscape encompassing

- Welfare Reform - Open public Services White Paper - Health Service & Police reforms - Reform of Local Government Finance - Public expenditure cuts - National Planning FrameworkA number of which have strong ‘localist’

characteristics

Localism is more than the Localism Act

Page 22: Localism: Community Rights and Challenges Monday 10 September 2012

Understanding the bigger picture

Page 23: Localism: Community Rights and Challenges Monday 10 September 2012

Localism and finance

Page 24: Localism: Community Rights and Challenges Monday 10 September 2012

Finance: ‘self funding’ – driving growth

• Reform of the funding of local government (from 2013) predicated on individual local authorities driving growth

- Community Infrastructure levy - New homes bonus - Reform of Business Rates - Discretionary RSG Stability of the system to fund services?

Page 25: Localism: Community Rights and Challenges Monday 10 September 2012

Open Public Services White Paper: ‘Right to Choice’

• Presumption toward choice in the provision of services

• Services at lowest possible level:– Individual services £ follows the individual– Neighbourhood services– Commissioned services

• Includes minimum standards, consumer champions and performance

Page 26: Localism: Community Rights and Challenges Monday 10 September 2012

Does the future of Local Government look like this?

Page 27: Localism: Community Rights and Challenges Monday 10 September 2012

A new role for elected members?

Page 28: Localism: Community Rights and Challenges Monday 10 September 2012

Government policy in one phrase (or two)

• “This means replacing top-down monopolies with open networks…so that governments at all levels become increasingly funders, regulators and commissioners…instead of attempting to run services.”

• …• “In place of a one-size-fits-all approach…we

are making sure that the taxpayer’s money follows the decisions that each individual makes, so that priority is given to what the individual believes is in their own best interest.”

• Open Public Services 2012 – 29th March 2012

Page 29: Localism: Community Rights and Challenges Monday 10 September 2012

Role of members

• Currently have influence over direct services or contracts and partnerships

• Delivery models, within financial constraints, currently broadly shaped by councillors

Page 30: Localism: Community Rights and Challenges Monday 10 September 2012

Current accountabilityDirect service

Partnership agreementContracted service

Members

Page 31: Localism: Community Rights and Challenges Monday 10 September 2012

Future accountability?Service 4(national charity)

Service 2(local

voluntary)

Service 3(local firm)

Service 1(national

firm)User

National Trustees

Local board / trustee

Sole Owner

Members?

Regulator?

Indicators?

Shareholders

Page 32: Localism: Community Rights and Challenges Monday 10 September 2012

Role of Members in the future?

• Future potential for myriad of diverse type and scale of providers –

• Local government to act as a backstop?• Residents have contractual relationship with

providers?• Is this still in essence the same type of

constituency work as before?• Become “citizen champions” and commissioners

– “Compare the council .com?”

Page 33: Localism: Community Rights and Challenges Monday 10 September 2012

New skills & new roles for councillors?

• As a ‘commissioner’ of services • Contractor• Partnership builder and co-ordinator• Scrutinizer • ‘Facilitator’• Community champion and advocate• Monitor of ‘council contracts’ with local

citizens.Review of member training needs and

support

Page 34: Localism: Community Rights and Challenges Monday 10 September 2012

LOCALISM: A LOCAL AUTHORITY PERSPECTIVE

Cllr ROGER BLANEYLeader, Newark & Sherwood District Council

Page 35: Localism: Community Rights and Challenges Monday 10 September 2012

Newark and Sherwood

Area: 65sq m: largest DA in Nottinghamshire

Population: 114,800: 2nd largest BUT fastest growing 9.7% increase in households (2001-11)

“A district of three thirds”

Page 36: Localism: Community Rights and Challenges Monday 10 September 2012

Newark and Sherwood

Conservative/Independent administrationExecutive Leader and Cabinet

BUT

Commitment to Committee-based governancefrom May 2013

Page 37: Localism: Community Rights and Challenges Monday 10 September 2012

Newark and Sherwood

3 Town Councils51 Parish Councils22 Parish Meetings76 Total

Page 38: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Bid

• Due to start in July. Now delayed until 12th October• LAs required to draw up and maintain list of “Community

Assets”: buildings and land (but not services)– Identified by LA– Nominated by PC or “locally connected”

voluntary/community body• Moratorium on sale of “community assets” until

community have had:– Opportunity to express interest in buying (6 weeks)– Subsequent opportunity to raise funding for purchase

(6 months)

Page 39: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right To Bid

• “Right to Bid” NOT “Right to Buy”– Does not force sale– Only applies to freehold sale/leases over 25 years– No right of 1st refusal to PC/community group (as

Scotland)– Owner free to sell to any bidder

• Protected period of 18 months to dissuade against repeated attempts to block sale

Page 40: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right To Bid

• Open to appeal against listing by owner• LAs responsible for paying compensation to

owners for “real costs” incurred in going through CRtB process (funded through government’s “New Burdens Assessment”?) But:– Legal/admin costs of handling appeals borne by LA– Liability for commercial losses from unprofitable

shops/pubs?• Listing last 5 years. Process repeated

“Potential to be expensive, bureaucratic nightmare”

Page 41: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right To Bid

• NSDC: Drawing up list of Community Assets – liaise with PCs etc

• Concern about resource implications• Ambition of CRtB absolutely right. BUT

Beware “Law of Unintended Consequences”• Delay in sale of Community Assets may be

counter productive• “A Tale of Two Pubs”

Page 42: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• In place since 27th June• Opportunity for “relevant bodies” to submit “expressions

of interest” (EoI) to run LA services• If EoI accepted, LA must run procurement exercise• Can consider social economic and environmental well-

being of area in tender selection process: (Public Services (Social Value) Act 2012)

NB: Delegation of function NOT of responsibility

Page 43: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Only includes services which LA currently provides – less relevant to “lean and mean” councils

• “Relevant body” does not have to be local - from other parts of the county, even country- “dog eats dog”

• Potential to over-ride rigidities of LA boundaries– could help charities serving ‘virtual communities’ (e.g.

people with disabilities)

Page 44: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Duty of Best Value (September 2011)“secure continuous improvement in way

functions are exercised, having regard to economy, efficiency and effectiveness”

– Same service at lower cost; or– Enhanced service at same cost

Page 45: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Procurement exercise triggered by “relevant body” BUT, thereafter, open to all– Serco? Capita?– Wolves in sheep’s clothing?

• “Chicken carcase council”

Page 46: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• EoIs for easier to deliver parts of a service• LA left to provide remainder at higher unit

cost (c.f. Royal Mail Universal Service Obligation)

- TC’s v PC’s?- Cluster solution?

• Note: LA can seek bids for larger or more complex service than EoI proposed

Page 47: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

NSDC• Be proactive, not reactive• Engage with “relevant bodies”• Establish clear time-lines for EoI’s

– Schedule of services– Specify periods for submission

Page 48: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

2013 March – April: Submission of EoI’sMarch – August: officer assessment and analysisSeptember: recommendation to Cabinet/CommitteeOct – Dec: preparation of tender documents and procurement process

2014 Jan – Sept: procurement / OJEU processOct – Dec: transition management, TUPE contract performance

and risk management frameworks

2015 April: go live

*Assumes minimum 3 year contract of c£170k (to fall within OJEU)

Page 49: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Strategic commissioning: -“getting the right things done, in the right way, at

the right time, for the right price”

• NSDC:-– Considering each priority service in turn– Engaging with providers/potential providers– Commission services to meet the key outcomes

for the community

Page 50: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Strategic Commissioning:- – Initial 4 pilots

• Mandatory service– Food Hygiene inspections

• Discretionary services– Tourism– Palace Theatre

• New Service– Growth Investment Fund

Page 51: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Bid and Right to Challenge

“ A victory for democracy over bureaucracy” Eric Pickles

Page 52: Localism: Community Rights and Challenges Monday 10 September 2012

Sam AshbyBig Society and Community Rights DivisionDepartment for Communities and Local Government

Localism, Communities and CouncillorsHow will the Localism Act work on the ground?

Page 53: Localism: Community Rights and Challenges Monday 10 September 2012

The Challenge

‘There is a gap between the kind of future to which most people aspire and the future they are likely to create if they carry on thinking and behaving as they do now’

Matthew Taylor, RSA June 2011

Page 54: Localism: Community Rights and Challenges Monday 10 September 2012

The Strategic Context

• Financial climate is difficult and will remain so for the next few years

• Innovation is needed• Councillors can enable local communities to use

local knowledge and expertise to help improve local services and neighbourhoods

• Central government is an enabler: enthusing, informing, networking and supporting

Page 55: Localism: Community Rights and Challenges Monday 10 September 2012

Localism, Decentralisation, Big Society

Is the vision…

LocalismLocalismIs the ethos…Doing everything at the lowest possible level and only involving central government if absolutely necessary

DecentralisationDecentralisationIs the process…Giving away power to individuals, professionals, communities, local councils and other institutions

Big SocietyBig Society A society where people, neighbourhoods and communities have more power and responsibility and use it to create better services and outcomes

Page 56: Localism: Community Rights and Challenges Monday 10 September 2012

What Difference Will the Localism Act Make?

Right to Build

Neighbourhood Planning

Right to bid (assets of

community value)

Right to Challenge

Powers to Communities

Transparency

Governance and Accountability

Freedom over governance structures

Autonomy for local government

Greater control over

finance

Freedom to act(General Power of Competence)

Freedoms for Cities

Page 57: Localism: Community Rights and Challenges Monday 10 September 2012

The Role of Councils and Councillors

• Leaders of communities – councillors are democratic representatives of their local communities

• Greater powers over issues that matter to communities - councillors can use provisions in the act to foster greater localism and community engagement

• Councils are champion of public services in the area - working with other parts of the public sector

• Commissioner of services - in partnership with communities

Page 58: Localism: Community Rights and Challenges Monday 10 September 2012

New Rights For Communities

Neighbourhood Planning

Right to Bid Right to Challenge Right to Build

Gives communities a fair chance to bid to take over land and buildings that are important to them. Provides time and support to bid for assets

Gives community groups with ideas on how to run local services differently and better the right to challenge councils to run services

Gives communities new way to gain planning permission for small new developments – homes, shops, businesses, facilities - in their area

Gives neighbourhoods greater influence in deciding where facilities should be and the development they want locally. Plans subject to a local referendum

Page 59: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to ChallengeCommunity Right to Bid

Right to

challenge

Right to

bid

1. Community or parish identify

assets of community value

2. Local authorities hold and control a

list of assets of community value

3. Communities get time and support to bid for assets

4. More communities take control of

local assets

2. Expression of interest from VCS, charity, parish, or

staff

3. Relevant authority reaches a decision on

the expression of interest

1. Relevantservices are subject to challenge

4. Authority accepts, or accepts with modification then runs a

procurement exercise, or rejects and publish reasons

for rejection

Page 60: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

Relevant services

subject to challenge

Voluntary or Community

Group

Charity

Parish Council

Relevant Authority

Staff

Expression of

InterestR

elevant Authority

Accept

Accept with modification

Reject

Relevant authority

undertakes procurement

exercise in line with legal

requirements

No procurement triggered; relevant authority publishes reason for rejection

1

Time during which expressions of interest,

can be submitted

2

Time for authorities to reach a decision on

expressions of interest

3

Time between accepting expressions of interest and

starting a procurement exercise

Page 61: Localism: Community Rights and Challenges Monday 10 September 2012

List of Assets of Community Value

List of land nominated by unsuccessful

community nominations

Community Organisation

Neighbourhood Planning Forum

Parish Council

Local Authority decides to list asset

No objection from owner

Owners objection unsuccessful

Owner’s objection successful

Local Authority decides not to list

asset

Added to list of Community Value

Local Authority publicises and maintains list

Community Right to Bid

Page 62: Localism: Community Rights and Challenges Monday 10 September 2012

Owner decides to sell listed asset and informs

Local Authority

LA informs nominator and publicises to community

Window starts when owner tells LA of intention to sellInterim window of opportunity ends

6 w

eeks

Full window of opportunity ends

6 m

on

ths

Owner can sell to community

group

Page 63: Localism: Community Rights and Challenges Monday 10 September 2012

Where Next?

• Helping communities use the new rights

• Helping local authorities to understand their duties and implementing the Right

• Support programmes launched

http://mycommunityrights.org.ukhttp://mycommunityrights.org.uk

Page 64: Localism: Community Rights and Challenges Monday 10 September 2012

Workshops

Page 65: Localism: Community Rights and Challenges Monday 10 September 2012

Workshops

Workshop 1 Community Right to Challenge: a ‘right’ for the community?

Delegates with Orange dots attend this workshop first, in Suite 1

Workshop 2 Community Right to Bid – learning from the Highfields Centre, Leicester

Delegates with Green dots attend this workshop first, in the Fernley Suite

Page 66: Localism: Community Rights and Challenges Monday 10 September 2012

Alan Waters, Learning & Development Manager, LGIU

Community Right to Challenge:

A ‘right’ for the community?

Page 67: Localism: Community Rights and Challenges Monday 10 September 2012

‘Your Community Rights’: CRtC

Page 68: Localism: Community Rights and Challenges Monday 10 September 2012

Community Rights: CRTC

“It enables communities to challenge to take over local service that they think they can run differently and better. The Right to Challenge could be used to run a wide range of local services”.

(Your Community Rights)

Page 69: Localism: Community Rights and Challenges Monday 10 September 2012

Community Rights:CRtC

• Minister announces £30m Community Rights funding

• Andrew Stunell, Communities Minister, announced on Friday 6 July that there will be £30m available to help local communities use the Community Rights, including the £11.5 million Community Right to Challenge programme. Communities with good ideas for how they can run local public services and want to use the Community Right to Challenge, can access advice and support to develop their skills to be able to bid for and run excellent local services.*

(Your Community Rights Website)*No information about how to apply for these grants.

Page 70: Localism: Community Rights and Challenges Monday 10 September 2012

CRtC – Statutory Guidance

• A shift of power from Whitehall back to communities

• ‘Creative authorities welcome innovative ideas from communities about how services can be run’.

• CRtC ‘may act as a springboard for radical reshaping of services’

Andrew Stunell – Ministerial foreword

Page 71: Localism: Community Rights and Challenges Monday 10 September 2012

Central Government isn’t giving power to councils to

then see it recentralised locally

Grant Shapps :

Localism Act: new right of contestability to allow organisations to

challenge councils to consider new ways of working

‘Localism’ & Decentralisation

71

Page 72: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Only applies to England – though devolved administrations can introduce similar legislation

• CRTC provides ‘genuine freedom’ for local people to choose the services they want. Reality – heavily proscribed by the Secretary of State through use of reserve powers.

Page 73: Localism: Community Rights and Challenges Monday 10 September 2012

CRtC: Overview

Came into force 27th June:• In essence: local authorities must

consider expressions of interest in providing a service, and where they accept an expression of interest, must carry out a procurement exercise for the service.

Page 74: Localism: Community Rights and Challenges Monday 10 September 2012

CRtC: Overview

• Two sets of regulations - Requirements for making an expression

of interest and specifies services excluded from the Right - Specifies grounds on which an

expression of interest may be rejected.

Page 75: Localism: Community Rights and Challenges Monday 10 September 2012

CRtC: ‘relevant authorities and relevant bodies’.

• Relevant authorities (all principle local councils and fire and rescue authorities) must consider expressions of interest by relevant bodies:

- voluntary and community bodies; - organisations set up for charitable purposes; - parish councils, and by two or more employees of the local authority.Aim is to cover a wide range of civil

society organisations.

Page 76: Localism: Community Rights and Challenges Monday 10 September 2012

Which services will be covered by CRTC?

• A distinction is made between local authority ‘functions’ – where the decision-making process resides (e.g. Waste Strategy) which is outside CRTC and service delivery (e.g. waste collection) which would be subject to CRTC.

• Secretary of State has the power to exclude (or include) certain functions

Page 77: Localism: Community Rights and Challenges Monday 10 September 2012

DCLG Consultation February 2011

Page 78: Localism: Community Rights and Challenges Monday 10 September 2012

The Language of ‘community’

Two tests of CRtC - Will it meet the realistic expectations of community groups and ‘civil society’ organisations? - Local authorities to deliver services on the basis of Best Value and in the interests of local people?

Page 79: Localism: Community Rights and Challenges Monday 10 September 2012

Working with the Voluntary Sector

• Unhappiness that EO1usually triggers a full procurement process.

• Local authorities must work with the VS to help them understand full implications of making an EOI.

Important that the council isn’t seen as the problem rather than the legislation.

Page 80: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• ‘Two or more employees’ eligible to exercise the right are expected to form an employee-led structure to take on the running of the proposed service.

• ‘Relevant bodies’ through ‘partnership working’ or ‘joint ventures’ can submit an ‘expression of interest’ with ‘non relevant bodies’.

Page 81: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge: Who will be the winners?

Eric Pickles assurances, according to the local government press -“that large multi-national companies and big conglomerates cannot use the right”. He would “ come down hard on private firms that that abuse the new community right”. But in reality firms can bid legitimately in partnership with local ‘relevant bodies’.

Page 82: Localism: Community Rights and Challenges Monday 10 September 2012

Moving Goal posts:Henry VIII Clauses

• These allow a Minister to use regulations to create new laws which have the same force as Acts of Parliament but which don’t undergo the same rigorous process.

• Localism Bill peppered with HVIII clauses.

Page 83: Localism: Community Rights and Challenges Monday 10 September 2012

Moving the goalposts

“The Secretary of State may by regulations –(a) Amend or repeal any of paragraphs (a) to (d) of subsection (6); amend or repeal any of subsections (7) to (9); make other amendments to this Chapter (including amendments to any power to make regulations).

Page 84: Localism: Community Rights and Challenges Monday 10 September 2012

Preparing for an ‘Expression of interest’

Either judging which services are likely to be open to expressions of interestORFootball ‘transfer window’ approach – specifying periods during which expressions of interest can be submitted.Separate timetable for contracts coming to an end?

Page 85: Localism: Community Rights and Challenges Monday 10 September 2012

Requirements

• Submissions within the specified period• Definition of a relevant body• Information to demonstrate financial robustness;

capable of delivering the service• Community well-being and meeting the needs of

service users• Impact on remaining employees of the local

authority.• Timetable and modification of ‘expressions of

interest’ before going into a full procurement.

Page 86: Localism: Community Rights and Challenges Monday 10 September 2012

Grounds for refusal

Essentially practical in nature. •Failure to comply with statutory requirements•Inadequate or inaccuracy of information•Unsuitability of organisation or sub-contractors•Decision to stop service already been made•Integrated packages with the NHS•Procurement process/ negotiations already underway in writing with a third party.•Employee bid•Vexatious or frivolous expression of interest

Page 87: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge: ability to protect

public services?• Local authority must accept or reject an

‘expression of interest’ and give grounds for doing so.

• Local authority in coming to a judgement must “ consider how it might promote or improve the

social economic or environmental well-being of the authority’s area” -Section 83 (8) of the Act.The Guidance encourages the use of social clauses in

contracts (subject to EU rules)

Page 88: Localism: Community Rights and Challenges Monday 10 September 2012

Best Value

Parliamentary Answer 14th June about the compatibility of BV duty and the CRtC. Confirmed that it doesn’t change any aspect of the duty of Best Value.

Page 89: Localism: Community Rights and Challenges Monday 10 September 2012

In-house bids

• No guidance in the final regulations• But an ‘In-house’ team is not a legal

entity, so cannot enter into a contract with the council

• Possible risk of challenge• Best Value comparator using In-

house service (s) as a measure may be the determining factor?

Page 90: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge

• Unknown number and scale of challenges and subsequent procurement processes

• Fragmentation of service delivery• Cost• Democratic deficit• ‘Trojan Horse’ for major private sector contractors to

secure more of the local government services market.• Several routes in for the private sector to take over

Local Authority contracts.• Impact on the workforce where services contracted out

to new providers.

Page 91: Localism: Community Rights and Challenges Monday 10 September 2012

Concluding remarks

• Will CRTC be a ‘damp squib’?• Fragmentation of services and costly and complex

service delivery: negative political consequences: but for whom?

• Full implications of ‘Localism’ not yet really understood by local government.

• Privatised public services funded by the tax payer – taking some reputational hits:

• Opportunity to argue the case for the value of in-house public services, run by accountable and democratically elected bodies.

Page 92: Localism: Community Rights and Challenges Monday 10 September 2012

Community Right to Challenge:

A ‘right’ for the community?

Page 93: Localism: Community Rights and Challenges Monday 10 September 2012

Workshops

Workshop 1 Community Right to Challenge: a ‘right’ for the community?

Delegates with Green dots attend the Health Watch workshop, in Suite 1

Workshop 2 Community Right to Bid – learning from the Highfields Centre, Leicester

Delegates with Orange dots attend the Health Inequalities workshop, in Suite 2

Page 94: Localism: Community Rights and Challenges Monday 10 September 2012

Understanding Local Action: engaging the voluntary sector

10th September 2012

Fiona SheilNational Council for Voluntary Organisations

[email protected] @fionapsdn

Page 95: Localism: Community Rights and Challenges Monday 10 September 2012
Page 96: Localism: Community Rights and Challenges Monday 10 September 2012

Who are we talking about?

Page 97: Localism: Community Rights and Challenges Monday 10 September 2012

• Trustees• Volunteers • Donations

The three tiers of volunteerism.

Page 98: Localism: Community Rights and Challenges Monday 10 September 2012
Page 99: Localism: Community Rights and Challenges Monday 10 September 2012

What do they do?

Page 100: Localism: Community Rights and Challenges Monday 10 September 2012

Delivering Services

Information & commissioning

Participation,Democracy &

representation

Social capital & assets

Workforce &Economic weight

Page 101: Localism: Community Rights and Challenges Monday 10 September 2012

Where does this meet Localism?

Page 102: Localism: Community Rights and Challenges Monday 10 September 2012

1. Delivering Services

Page 103: Localism: Community Rights and Challenges Monday 10 September 2012

VCS Grants and Contract Income 2000/1 - 2009/10

Page 104: Localism: Community Rights and Challenges Monday 10 September 2012

The Compact – 5 key principles

• A strong, diverse and independent civil society

• Effective and transparent design and development of policies, programmes and public services

• Responsive and high-quality programmes and services

• Clear arrangements for managing changes to programmes and services

• An equal and fair society

www.compactvoice.org.uk

Page 105: Localism: Community Rights and Challenges Monday 10 September 2012

2. Social Capital(volunteering)

Page 106: Localism: Community Rights and Challenges Monday 10 September 2012
Page 107: Localism: Community Rights and Challenges Monday 10 September 2012

2. Participation, Democracy and Representation

Page 108: Localism: Community Rights and Challenges Monday 10 September 2012

Participation in the UK

• Political• 65% voted in 2010• 53% very or fairly interested in politics

• Local public participation• 2009/10 10% direct decisions; 18% consultations• 11% contacted local councillor

• Networks and memberships• 2007 53% total population• 300,000 Neighbourhood Watch; 156,754 Amnesty UK• 9.1mill professional• 13.5mill trade unions

Page 109: Localism: Community Rights and Challenges Monday 10 September 2012

What does this mean for you?

Page 110: Localism: Community Rights and Challenges Monday 10 September 2012
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Further SupportFiona Sheil0207 520 [email protected]/psdnetwork

Vicky Redding, Engagement Development Officer, East and West Midlands, Compact [email protected]

Page 113: Localism: Community Rights and Challenges Monday 10 September 2012

Unlocking local capacity: from challenge to collaboration

Phillip Copestake, Office for Public Management

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Conference close