House of Lords reject DH appeal on international immigrants

30th, April 2008

Law lords rejected the Department of Health’s appeal about its ‘unlawful’ policy to favour European doctors for training posts.

The House of Lord’s ruling confirmed a Court of Appeal decision and ended a two year legal challenge by the British Association of Physicians of Indian Origin against guidance released by Patricia Hewitt. This guidance advised NHS employers that priority should be given to UK and EU candidates. The rules have been on hold while the legal challenge was heard.

The Home Office has restricted future access for training for medical graduates outside the EU from 2009, but the decision will mean that migrants already in the UK will have more chance of gaining training posts at present.

In the ruling Lord Carswell said:

“Had the guidance been limited [to international medical graduates not within the UK at the time of the guidance], I would have had no difficulty in upholding it. As it is, the guidance drew no distinction between the various categories of international medical graduates.”

Dr Ramesh Mehta, BAPIO president said in a statement:

“It was and is common ground that something needed to be done to regulate the flow of IMGs into the United Kingdom. BAPIO’s primary concern with this issue was to address the hardships suffered by those who came over to take the PLAB [Professional and Linguistic Assessment Board test], only to find extreme difficulty in finding training posts thereafter".

But the law lords said that as it stood they could not uphold the Department of Health’s appeal and allow them to reinstate the guidance. They said that it “undermined the legitimate expectations” of those already in the UK in a “fundamental way’ and “It was informal and unsatisfactory in the way in which it was given”.

Dr Terry John, Chairman of the BMA’s International Committee, said:

“It’s right that we have a debate about the numbers of doctors coming to the UK in future, but it’s completely wrong to scapegoat those already here.

“They are providing a vital service, and the government’s continued attempts to change the rules after they’ve already committed themselves to the NHS are unfair.”

The full ruling can be read at: http://www.publications.parliament.uk

House of Lords reject DH appeal on international immigrants

Law lords rejected the Department of Health’s appeal about its ‘unlawful’ policy to favour European doctors for training posts.

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