Legal bid launched as committed providers squeezed out of NHS orthodontic contracts

The BDA has argued that the tendering process, covering orthodontic services in the South of England, 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. The 10 year contracts are valued at £56m per annum.

NHS England has encouraged providers to consider creating consortia and submitting bids via those consortia. The BDA contends that it will be an inevitable consequence of the implementation of the DPS that some present providers of orthodontic services will not be able to meet the eligibility criteria, despite being high quality providers.

The BDA also contends NHS England has acted unlawfully by failing to engage with patients or provide a robust needs assessment on changes that will radically impact on services. NHS England has already agreed to the BDA's calls to extend the registration period.