‘An unlawful regime’ Serco and G4S

West Midlands Against Policing for Profit  asked:

I would like to submit the following questions relating to the procurement process of the BPP for the West Midlands Police Authority meeting on 12th July 2012.

I have submitted the question within 4 days of this meeting.

BPP Procurement process

In a High Court  judgment on 11th January 2012, Mr Justice Fosket found  that it is highly likely that large numbers of children were unlawfully restrained in secure training centres run by G4S and Serco for at least a decade (1998-2008).

The full judgement can be found here http://www.crae.org.uk/assets/files/Judgment%20of%20Foskett%20J.pdf

1.  Did Serco and G4S declare this judgement when they answered the question at Pre-Qualification stage as to whether the company had been found guilty of “committing any acts of grave misconduct in the course of their business and profession?”

2. If Serco and G4S did not advise West Midlands Police Authority of this finding against the companies, what action is the Police Authority proposing to take in regard to this ?

West Midlands Police Authority answered

The Authority’s response is:

 1. No the Authority did not.

2. In undertaking the procurement process for business partnering the Authority is subject to EU law and the requirements of the Public Contracts Regulations. The Authority is under a duty to treat bidders equally.  The regulations provide for mandatory grounds which require the exclusion of a bidder in cases such as convictions for bribery.  There are discretionary grounds to exclude a bidder where there has been grave misconduct in the course of a business or profession or where  there is a  criminal conviction relating to a business or profession. It is not considered that the case referred to in your question constitutes grave misconduct such as would justify excluding G4S or Serco from bidding and no action is proposed.

For the full reply from WMPA click on the following link Unlawful restraint


The Procurement Regulations allow for the social considerations, including human rights, to be part of the selection criteria for the procurement process so long as potential bidders are treated equally. EU legislation of which the Procurement Regulations are a part have sought to uphold human rights. Further given the nature and range of the services identified on the OJEU notice, including custody and crime investigation functions, for the BPP contract  human rights considerations should reasonably form part of the technical specification and selection criteria.



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