Community right to challenge
Powers are available to our communities under the Localism Act 2011. Residents and businesses now have the right to:
- challenge how our services are delivered
- express an interest in taking over the management of a Council facility or even run a local service
This legislation is fully aligned with our vision for commissioning. we are open to developing the market for services and ensuring the best provider is chosen. This could be a voluntary or community organisation, social enterprise, private sector or public sector.
Expressing an interest
An Expression of Interest (EOI) can be submitted for most services, although there are some exemptions included within the Act. They can only be made during set times each year, which are determined locally by individual councils.
In Kingston an EOI can only be submitted during the following times each year:
- 1 April – 14 April (inclusive)
- 1 October – 14 October (inclusive)
How to submit an Expression of Interest
Contact us for an EOI form.
Then ensure that your EOI is submitted within the time frame. Applications received outside these times will not be considered.
Ensure that your submission includes:
- identification of the service to be considered and the geographical area that the service affects
- who has expressed the interest
- who is proposing to deliver the service
- the financial resources of the organisation proposing to run the service
- evidence that the organisation is capable of delivering the service (this information may become clear during a formal procurement competition)
- the outcomes that are to be achieved
- how the service will be developed to improve the wellbeing and meet the needs of service users
- how the service will promote the social, economic or environmental wellbeing of the borough
We will acknowledge receipt of an EOI within one month of submission.
How we process your Expression of Interest
Once we have received your Expression of Interest (EOI) we will carry out an initial compliance check to ensure you have provided all the required information.
If your organisation consists of employees of The Royal Borough of Kingston upon Thames we will also check that you have included details of how you will engage other employees who are affected by your EOI.
If your EOI does not satisfy this initial compliance check we will inform you within 10 days of receiving your submission. We will explain why the submission has not passed the check and may offer you the opportunity to provide any additional information we require.
The review process
Each EOI will be assessed against a number of criteria and therefore you are advised to ensure that your EOI addresses these criteria directly and in sufficient detail.
When considering your EOI, we may contact you to request further information or to suggest modifications. You will not be obliged to supply this information but it may lessen the chances of your EOI being accepted if you do not. No modifications will be made to your EOI without your agreement.
Refused EOIs
Under the Localism Act, an EOI may be refused for the following reasons:
- if it does not meet the requirements of the service
- if it is outside the regulations with which the Council must comply
- if the information presented is inaccurate or is inadequate
- if the organisation is not suitable to provide the service
- if the service is to be discontinued
- if the application falls outside of the Localism Act because the service is exempt
- if the service is already the subject of a procurement exercise
- if negotiations are already underway for the service
- if the EOI is considered to be insincere or unreasonable obstructive
- if it would lead to a breach of the law, or statutory duty
Successful EOIs
Where your EOI has been considered and has been upheld we will then undertake a procurement exercise for the service identified. We will manage the procurement exercise within our procurement procedures.
If the service is already subject to contract let through a formal procurement process we will still consider your EOI.
If your EOI is successful we will inform you and advise you when it may be possible to commence a new procurement.