Community rights emily o hare 21 st march 2011
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Community Rights Emily O’Hare 21 st March 2011. EALING COUNCIL. Community Right to Challenge and Assets of Community Value What the Act says (and what it doesn’t say) What this means for VCS groups How the Council is planning to respond

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Community Rights Emily O’Hare 21 st March 2011

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Community RightsEmily O’Hare21st March 2011


  • Community Right to Challenge and Assets of Community Value

    • What the Act says (and what it doesn’t say)

    • What this means for VCS groups

    • How the Council is planning to respond

  • Opportunity for questions and feedback on proposed approach


Assets of Community Value

  • Aims to give communities the opportunity to take control of assets and facilities in their neighbourhood

  • Local groups can nominate community assets to be listed

  • Moratorium period - provides time to prepare a proposal / bid when the asset comes up for sale

What it is

  • Does not give right of first refusal to community groups

  • Does not restrict who the owner can sell to or at what price

  • Is not the same as Community Asset Transfer

What it isn’t

  • Opportunity to earmark buildings as being a community asset…

  • Gives time to put together a bid for assets when they come up for disposal…

  • …But doesn’t guarantee assets will remain or become in community use or ownership.

What it means for VCS groups

  • Actual current use furthers social wellbeing and interests of local community, or a use in the recent past has done so;

  • Use is not ancillary;

  • Realistic to think this use will continue;

  • Is not exempt (e.g. residential properties, operational land).

Asset of Community Value: Definition




Planned sale



  • LBE Property will manage process

  • Contact for submitting nomination will be on Council website

  • Nominations can be made year-round

  • Internal reviews will be heard by a different person to whoever made the decision – awaiting further regulations on this

  • LA will communicate as required regarding proposed sales, moratorium period etc.

Proposed approach

Community Right to Challenge

What it is

  • Opportunity to express interest in running a local authority service;

  • Open up a procurement process.

  • Not a right to run the service

  • Certain services are excluded:

    • Already out to contract;

    • Certain public health services (12 month exemption);

    • Direct payment services.

What it isn’t

  • Opportunity to open up council services to a procurement process…

  • Opportunity to bid to run services…

  • …But doesn’t guarantee contracts will be won by VCS groups as anyone can bid in open procurement.

What it means for VCS groups

  • Relevant body – VCS or employees

  • Expressions of Interest

    • Details of organisation, inc. financial info;

    • Details of service EOI relates to;

    • Details of outcomes to be achieved.

  • Specified time periods

  • Procurement


  • The authority may reject an EOI only on the following grounds:

    • Doesn’t comply with requirements;

    • Organisation not suitable;

    • Decision already made to stop, procure or mutualise service;

    • Would go against law or statutory duty;

    • Frivolous or vexatious.


May – July: EOIs submitted.

Aug – Sept: Considered and evaluated as part of budget proposals by relevant Service Directors.

Oct: Directors’ recommendations regarding EOIs considered by Members through budget setting and challenge process.

Nov: Final decision made as part of budget decisions.

Proposed approach

Right to Challenge:

  • April: Regs published

  • Late April / May: Comes into effect

    Assets of Community Value:

  • June: Regs published

  • July: Comes into effect

Expected timescales

DCLG website:

LBE Cabinet reports:

Further information

  • Does the proposed approach sound appropriate?

  • Would a set proforma for EOIs and Asset listing be helpful?

  • Do you intend to use either provision?

  • What further support or information would be helpful?

Questions and feedback

? ? ? ?

For further information contactEmily O’HareEaling CouncilPolicy and Performance020 8825

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