The Dentist Magazine.

Orthodontic legal challenge: Registration deadline extended, further procurement suspended

Published: 26/04/2017

Following the BDA’s legal challenge, NHS England has extended this Friday’s (April 28) registration deadline for tenders to provide over £1/2bn of orthodontic services in the South of England.

The BDA contends the tendering process is in breach of Procurement, Patient Choice and Competition (PCCC) regulations by failing to treat providers equally, and through introducing a procurement system – the Dynamic Purchasing System (DPS) – that is weighted heavily in favour of larger dental companies.

Pending the outcome, the North of England regionhas suspended their orthodontic procurement, also based on the DPS. 

NHS England has said they will inform the BDA of a new registration deadline at seven days’ notice. 

Henrik Overgaard-Nielsen, chair of general dental practice at the BDA, said, "We set out to challenge a tendering process designed to shut out dedicated providers and the public. Already, by holding NHS England to account, an unreasonable deadline has now been lifted and the risk this flawed tendering process is extended to other parts of the country has been contained, for now. 

"An unfair process was hobbling smaller providers before they were out of the starting gate, leaving them without the time or the wherewithal to put in a meaningful bid. This is a temporary reprieve and we remain committed to securing a fair deal for all our members."