II.2.3) Place of performance
NUTS code:
UKJ41
II.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:
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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.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 60%
Price
/ Weighting:
40%
II.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).
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No