Tender

Provision of Deprivation of Liberty Safeguards (DoLS) Assessments

  • Medway Council

F02: Contract notice

Notice identifier: 2024/S 000-038310

Procurement identifier (OCID): ocds-h6vhtk-04c073

Published 27 November 2024, 2:03pm



Section one: Contracting authority

one.1) Name and addresses

Medway Council

Medway Council, Gun Wharf, Dock Road

Chatham

ME4 4TR

Contact

Mr James Welch

Email

james.welch@medway.gov.uk

Country

United Kingdom

Region code

UKJ41 - Medway

Internet address(es)

Main address

http://www.medway.gov.uk/

Buyer's address

https://www.kentbusinessportal.org.uk/

one.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at

https://www.kentbusinessportal.org.uk/

Additional information can be obtained from the above-mentioned address

Tenders or requests to participate must be submitted electronically via

https://www.kentbusinessportal.org.uk/

one.4) Type of the contracting authority

Regional or local authority

one.5) Main activity

General public services


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Provision of Deprivation of Liberty Safeguards (DoLS) Assessments

Reference number

DN751767

two.1.2) Main CPV code

  • 85000000 - Health and social work services

two.1.3) Type of contract

Services

two.1.4) Short description

Medway Council is seeking a single provider for the provision of Deprivation of Liberty Safeguards (DoLS) assessments. The purpose of this service is to organise, complete and return the assessments, required for DoLS under the Mental Capacity Act (2014. These assessments must be carried out by a Section 12 registered doctor and returned to the Council within a set timeframe.

Full details of the requirement are available in the tender documents available to download from the Kent Business Portal.

two.1.5) Estimated total value

Value excluding VAT: £1,323,000

two.1.6) Information about lots

This contract is divided into lots: No

two.2) Description

two.2.3) Place of performance

NUTS codes
  • UKJ41 - Medway

two.2.4) Description of the procurement

Medway Council is seeking a single provider for the provision of Deprivation of Liberty Safeguards (DoLS) assessments. The purpose of this service is to organise, complete and return the assessments, required for DoLS under the Mental Capacity Act (2014. These assessments must be carried out by a Section 12 registered doctor and returned to the Council within a set timeframe.

By way of background, the Mental Capacity Act (2005) is amended by the 2007 amendments to the Mental Health Act (1983) to include the Deprivation of Liberty Safeguards (DoLS), implemented on 1 April 2009. The safeguards provide legal protection for vulnerable people who are, or may become, deprived of their liberty in a hospital or care home. They apply to people who have a mental disorder and who are assessed as lacking capacity to consent to the arrangements made for their residence, care or treatment. The Deprivation of Liberty Safeguards require hospitals and care homes (Managing Authorities) to apply to the Supervisory Body (in this case, Medway Council) for an authorisation to deprive the relevant person of their liberty. Before an authorisation is issued, the Supervisory Body must ensure that six assessments are completed. The assessments are undertaken by a Best Interests Assessor for DoLS (BIA) and a Section 12 mental health approved DoLS trained doctor as follows:

The six assessments, and the person responsible for completing each assessment, are as follows:

1. Age (The relevant person must be over the age of 18 years) - BIA

2. Mental Capacity - BIA

3. No Refusals - BIA

4. Mental Health – Section 12 doctor

5. Eligibility - Section 12 doctor, or BIA who is Approved Mental Health Professional (AMHP) qualified

6. Best Interests - BIA

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 require that the person undertaking the Mental Health assessment must be:

a. approved under section 12 of the Mental Health Act 1983, or

b. a registered medical practitioner who the Supervisory Body is satisfied has three years post registration experience in the diagnosis or treatment of mental disorder.

The supervisory body must also be satisfied that the person has successfully completed the Deprivation of Liberty Safeguards Mental Health Assessors training programme made available by the Royal College of Psychiatrists. Except in the 12 month period beginning with the date that the doctor has successfully completed the standard training, the regulations for England also require the Supervisory Body to be satisfied that the doctor has, in the 12 months prior to selection, completed further training relevant to their role as a mental health assessor.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 60%

Price - Weighting: 40%

two.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

36

This contract is subject to renewal

Yes

Description of renewals

The term of the contract will be initially for 3 years with 3 further options to extend for 2 years, (3 years, plus 2 + 2 + 2 years).

two.2.10) Information about variants

Variants will be accepted: No

two.2.11) Information about options

Options: Yes

Description of options

The term of the contract will be initially for 3 years with 3 further options to extend for 2 years, (3 years, plus 2 + 2 + 2 years).

two.2.13) Information about European Union Funds

The procurement is related to a project and/or programme financed by European Union funds: No


Section three. Legal, economic, financial and technical information

three.1) Conditions for participation

three.1.2) Economic and financial standing

Selection criteria as stated in the procurement documents

three.1.3) Technical and professional ability

Selection criteria as stated in the procurement documents


Section four. Procedure

four.1) Description

four.1.1) Type of procedure

Open procedure

four.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement

Framework agreement with a single operator

In the case of framework agreements, provide justification for any duration exceeding 4 years:

The framework is for an initial period of three years, with three options to extend by two years. DoLS was due to be replaced by the Liberty Protection Safeguards (LPS) during the last parliament, but the legislation was not cleared before the change of government. The new government has not yet outlined its stance on LPS, and so this legislation is currently on hold. The additional extensions of this contract provide scope to have a contract in place for up to two parliamentary terms, which should be sufficient time for the proposed legislation to be reviewed, revised, consulted upon, and receive royal ascent.

four.1.8) Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

four.2) Administrative information

four.2.2) Time limit for receipt of tenders or requests to participate

Date

3 January 2025

Local time

3:00pm

four.2.4) Languages in which tenders or requests to participate may be submitted

English

four.2.7) Conditions for opening of tenders

Date

3 January 2025

Local time

3:00pm


Section six. Complementary information

six.1) Information about recurrence

This is a recurrent procurement: No

six.4) Procedures for review

six.4.1) Review body

Medway Council

Chatham

Country

United Kingdom