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 rights emily o hare 21 st march 2011

Community RightsEmily O’Hare21st March 2011

EALING COUNCIL


Summary

  • 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

Summary


Assets of community value

Assets of Community Value


What it is

  • 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


What it isn t

  • 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


What it means for vcs groups

  • 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


Asset of community value definition

  • 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


Process

Process

Nomination

Listing

Planned sale

Moratorium

Sale


Proposed approach

  • 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

Community Right to Challenge


What it is1

What it is

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

  • Open up a procurement process.


What it isn t1

  • 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


What it means for vcs groups1

  • 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


Process1

  • 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

Process


Rejection

  • 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.

Rejection…


Proposed approach1

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


Expected timescales

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


Further information

DCLG website: http://www.communities.gov.uk/localgovernment/decentralisation/localismbill/communityrights/

LBE Cabinet reports:

http://www2.ealing.gov.uk/services/council/committees/agendas_minutes_reports/cabinet/index.html

Further information


Questions and feedback

  • 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

? ? ? ?


Community rights emily o hare 21 st march 2011

For further information contactEmily O’HareEaling CouncilPolicy and Performance020 8825 [email protected]


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