Community Right to Challenge - Step 3
Step 3: Expression of interest rejected or a change requested
On receipt of the expression of interest form, the Council will check whether it satisfies the requirements and will either accept, reject or request a modification. This decision may take up to 6 months from receipt of the correctly completed expression of interest form.
The Council can only reject an expression of interest on one of the grounds set out in regulations made by the Secretary of State.
Possible reasons for an expression of interest being rejected include:
- It does not meet the statutory requirements;
- The Council feels the expression of interest is inadequate or inaccurate;
- The organisation is considered unsuitable;
- If it relates to a service that the Council has stopped providing or has already decided to stop providing;
- Where the service is provided to persons in receipt of a service provided by a NHS body and the Council feels that the continued integration of service is crucial for the well-being of those persons;
- The service is already the subject of a procurement exercise;
- The Council and a third party have already entered negotiations for the provision of the service;
- The council has published its intention to consider the provision of the service by a body that 2 or more specified employees of the Council propose to establish;
- The Council considers that the expression of interest is frivolous or vexatious;
- The council feels that by accepting the expression of interest it is likely to lead to a violation of a law or statutory duty.
The Council will inform the organisation in writing of its reasons for rejection.
The Council can ask for an expression of interest to be modified where it would otherwise be rejected. The organisation must agree to the modification requested, if they do not agree then the expression of interest will be rejected.
If the expression of interest is rejected then service delivery may continue as before.