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challenges at the ready?

25 May 2012

The Community Right to Challenge (Expressions of Interest and Excluded Services)(England) Regulations 2012 have been published along with draft Statutory Guidance. These regulations set out the information that will be required from a “relevant body” (as set out in section 81(6) of the Localism Act) in an expression of interest.

The information required should alert a relevant authority as to the capabilities of the organisation making the challenge. It should also ensure that the organisation itself is confident that it has the necessary resources to provide the services set out. Hopefully this will reduce the number of spurious challenges.

The regulations also set out certain services that are exempt from the right to challenge, namely if they are commissioned in conjunction with one or more health services as set out in Schedule 2 of the regulations. However, with the exception of services provided to a “named person with complex individual health or social care needs” this exemption will come to an end on 31 March 2014.

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