URL: https://democracy.southend.gov.uk/ieDecisionDetails.aspx?ID=1565

Decision Maker: Cabinet Member for Social Care and Healthier Communities

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose: To seek approval for a special urgency decision to directly award contracts to current suppliers of the existing Dynamic Purchasing System (DPS) contract for Section 12 (s12) Doctors to undertake assessments under the Deprivation of Liberty Safeguards (DoLS) for a further 12 months. The current contract expires at the end of June 2026 and there is insufficient time to complete a full procurement process. The proposed direct award will ensure continuity of statutory services while further work is undertaken to determine future commissioning arrangements, particularly considering the recent AGNI Supreme Court judgment and ongoing legislative and practice uncertainty. AGNI changed the legal test for deprivation of liberty and introduces uncertainty in the interpretation of liberty and consent; a shorter contract is considered prudent pending greater legal and operational clarity.   

Content: To seek approval for a special urgency decision to directly award contracts to current suppliers of the existing Dynamic Purchasing System (DPS) contract for Section 12 (s12) Doctors to undertake assessments under the Deprivation of Liberty Safeguards (DoLS) for a further 12 months. The current contract expires at the end of June 2026 and there is insufficient time to complete a full procurement process. The proposed direct award will ensure continuity of statutory services while further work is undertaken to determine future commissioning arrangements, particularly considering the recent AGNI Supreme Court judgment and ongoing legislative and practice uncertainty. AGNI changed the legal test for deprivation of liberty and introduces uncertainty in the interpretation of liberty and consent; a shorter contract is considered prudent pending greater legal and operational clarity.    The Cabinet Member for Social Care and Healthier Communities agrees to:-                         Approve, under special urgency provisions, the direct award of the DPS contract for s12 Doctors for a period of 12 months from 1 July 2026 to 30 June 2027, with a value of £290,300.   The Council commissions s12 Doctors via a DPS to undertake statutory   mental health assessments under DoLS. The original contract was established in 2018 for a period of four years, with an option to extend for a further 4 years. This extension has now been fully utilised and expires on 30th June 2026 however as this is a PSR procurement we have the option to directly award a contract to the current providers, and then we are able to run a new process to start a new DPS/framework and try and attract new providers for the next contract.   A direct award is required to maintain continuity of the statutory DoLS assessment services and ensure compliance with legal duties. Without the award of this contract, there is significant risk of service disruption, increased delays in assessments, and potential legal challenge.   The recent AGNI Supreme Court Judgement introduces uncertainty into future demand and operating models, making a short-term extension the most proportionate approach while longer-term implications are assessed.   The undertaking of an immediate full procurement process was considered; however, this is not now feasible within the required timescales without risking service interruption.   A range of issues were encountered during the procurement process. Initially    an issue was identified that this procurement was not included on the forward plan. Secondly the intention was to proceed with a 2-year contract and the projected spend was noted as being within Exec Director approval levels rather than Cabinet approval, however it was identified that whilst the spend was within limits, the recorded budget was not, which meant that this approach was not feasible. As the deadline approached a Procedural/ Tender Exception option was pursued however was latterly identified as beyond the total spend limit and was therefore not a feasible option. Due to the timescale a special urgency approach is being pursued.   Ceasing or reducing the service is not an option, as this would place the Council in breach of its statutory duties under DoLS legislation.  

Date of Decision: July 1, 2026