Friday’s hearing in the High Court – though it did not result in injunctive relief – was nonetheless incredibly positive for medical associates.
These proceedings further clarified that it is up to individual NHS employers to decide whether and how to implement the recommendations of the Leng Review. It also specified that employers must exercise discretion, consult UMAPs, and ensure any decisions they make are lawful and not in breach of employment and other laws.
We strongly urge all NHS trusts and primary care networks to await the outcome of our upcoming judicial review before making any changes to medical associates’ job roles, as we know many are doing already. Any employer that hastily presses ahead with implementing the recommendations while the judicial review is pending will face legal action from UMAPs. This will be emphasised by NHS England in an upcoming FAQ document.
In his summary remarks, Mr Justice Dove made clear that injunctive relief could not be granted without examining the lawfulness of the Leng Review itself. We are now adding Professor Gillian Leng as a third defendant to our judicial review case, which is being expedited. This is a welcome development that will allow us to directly challenge the legality of the Leng Review itself and finally deal with this matter in its entirety.
The court also directed UMAPS will have the right to reply to the response put forward by all other parties in the judicial review, which will allow UMAPS an opportunity to effectively address evidence put forward by the defendants.
As Mr Justice Dove indicated, these changes to medical associates’ roles are resulting in “irremediable issues” which employers themselves may be fully accountable for, if they were to press ahead. No costs order was made in the application and costs are reserved.
NHS England’s rushed and underhand implementation of the Leng Review is resulting in redundancies for Physician Associates (PAs) and Anaesthesia Associates (AAs), as well as significant restrictions on their work and adverse effects on their mental health. It is restricting patients’ access to care by preventing us from carrying out the work we are trained to do.
UMAPs continues to stand up for PAs and AAs across the country who are being dismissed or unfairly treated because of the Leng Review, including assistance at employment tribunals where necessary.
Our fight goes on, and we look forward to the judicial review proceedings.
