Legal challenge against NHS England suspended

The legal challenge against NHS England for the procurement of £1/2 billion of orthodontic services has been suspended.

The challenge is suspended while ‘NHS England undertakes preparatory work for the procurement’ of the services, which will commence after March 2019.

In the meantime NHS England has said that the existing contracts, that were due to expire in the spring, will be extended until March 2019.

Launched by the British Dental Association (BDA) in March this year, the legal challenge focuses on the tendering process for orthodontic services in south England, claiming it was in breach of Procurement, Patient Choice and Competition (PCCC) regulations by failing to treat providers equally.

‘We hope the extra time that bidders have to apply for a new contract will increase their prospects of success and at least provide existing contract holders and their patients with some certainty in the interim,’ BDA chair of General Dental Practice, Henrik Overgaard‐Nielsen, said.

‘The final outcome of this legal challenge is uncertain and legal proceedings are on hold until at least the end of the year.

‘The BDA remains determined to stand up for members and to ensure that they are all treated fairly.’

Orthodontic services

NHS England South will be running a series of events during October and November for all those interested in offering NHS orthodontic services.

To declare an interest, dentists should email scwcsu.orthosouth@nhs.net.