LOCALISM: A LOCAL AUTHORITY PERSPECTIVE

Cllr ROGER BLANEYLeader, Newark & Sherwood District Council

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”

Newark and Sherwood

Conservative/Independent administrationExecutive Leader and Cabinet

BUT

Commitment to Committee-based governancefrom May 2013

Newark and Sherwood

3 Town Councils51 Parish Councils22 Parish Meetings76 Total

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)

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

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”

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”

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

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)

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

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”

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

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

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)

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

Community Right to Challenge

• Strategic Commissioning:- – Initial 4 pilots• Mandatory service

– Food Hygiene inspections

• Discretionary services– Tourism– Palace Theatre

• New Service– Growth Investment Fund

Community Right to Bid and Right to Challenge

“ A victory for democracy over bureaucracy” Eric Pickles