Doctors' Working Lives News
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Wednesday, May 23, 2007
Remedy UK loses High Court battle over MTAS
The High Court has ruled against Remedy UK's claim that the Medical Training Application Service (MTAS) and the subsequent decisions of the Review Group were "so conspicuously unfair as to amount to an abuse of power".
In his judgement, Mr Justice Goldring said that "although far from ideal", the Review Group's decision was "within the range of reasonable responses" and that the Review Group was "entitled to reach the decision it did given the circumstances facing it at the time".
However, he also concluded that "The fact that the claimant has failed in what was accepted to be an unprecedented application so far as the law is concerned does not mean that many junior doctors do not have an entirely justifiable sense of grievance. The premature introduction of MTAS has had disastrous consequences. It was a flawed system in the ways I have indicated." He indicated that the junior doctors could still appeal over job allocations or take their case to tribunal.
Remedy UK have ruled out an appeal, "as the lives of 34,000 doctors have been subject to enough uncertainty in recent months". In a statement they said that "This is a sad day for doctors and the NHS. The judge has recognised that we have challenged an inherently unfair system, but at this late stage he is powerless to act."
Remedy UK have a copy of the full judgement here.
The BMA have issued a response stating: "We hope the Department of Health will not claim this as a victory when the careers of thousands of doctors remain in doubt because of government failures. The High Court is absolutely right to criticise their handling of this mess, and to point out that our concerns about it were ignored...We have demanded that the government guarantee that no doctor will be unemployed as a result of this process and called for funding for extra training posts. We now hope that doctors will unite to fight for these aims. The past week has been incredibly painful for the medical profession. It’s time for us to start healing the wounds and move on." As reported yesterday, the BMA have written to Patricia Hewitt suggesting urgent steps to be taken to resolve the MTAS situation, including employment guarantees, resources (e.g. bursaries), a more transparent process, a doctor-led group to design training, and greater training flexibility.
Further reports and comment are available at the Guardian, Telegraph, Daily Mail, and elsewhere.
Health Secretary Patricia Hewitt is facing a vote of no confidence in the House of Commons today over her handling of MTAS. (Guardian and others)
Following James Johnson's resignation, a Channel 4 News report examines doctors' concerns over the BMA's representation of their views on MTAS and looks at the role of Doctors.net.uk.
In his judgement, Mr Justice Goldring said that "although far from ideal", the Review Group's decision was "within the range of reasonable responses" and that the Review Group was "entitled to reach the decision it did given the circumstances facing it at the time".
However, he also concluded that "The fact that the claimant has failed in what was accepted to be an unprecedented application so far as the law is concerned does not mean that many junior doctors do not have an entirely justifiable sense of grievance. The premature introduction of MTAS has had disastrous consequences. It was a flawed system in the ways I have indicated." He indicated that the junior doctors could still appeal over job allocations or take their case to tribunal.
Remedy UK have ruled out an appeal, "as the lives of 34,000 doctors have been subject to enough uncertainty in recent months". In a statement they said that "This is a sad day for doctors and the NHS. The judge has recognised that we have challenged an inherently unfair system, but at this late stage he is powerless to act."
Remedy UK have a copy of the full judgement here.
The BMA have issued a response stating: "We hope the Department of Health will not claim this as a victory when the careers of thousands of doctors remain in doubt because of government failures. The High Court is absolutely right to criticise their handling of this mess, and to point out that our concerns about it were ignored...We have demanded that the government guarantee that no doctor will be unemployed as a result of this process and called for funding for extra training posts. We now hope that doctors will unite to fight for these aims. The past week has been incredibly painful for the medical profession. It’s time for us to start healing the wounds and move on." As reported yesterday, the BMA have written to Patricia Hewitt suggesting urgent steps to be taken to resolve the MTAS situation, including employment guarantees, resources (e.g. bursaries), a more transparent process, a doctor-led group to design training, and greater training flexibility.
Further reports and comment are available at the Guardian, Telegraph, Daily Mail, and elsewhere.
Health Secretary Patricia Hewitt is facing a vote of no confidence in the House of Commons today over her handling of MTAS. (Guardian and others)
Following James Johnson's resignation, a Channel 4 News report examines doctors' concerns over the BMA's representation of their views on MTAS and looks at the role of Doctors.net.uk.
Tuesday, May 22, 2007
DH "breached Data Protection Act by refusing to reveal MTAS scores"
No news yet on the judicial review - a ruling is now expected on Wednesday - but the Information Commissioner has ruled that the Department of Health has breached the law by refusing to reveal MTAS scores to junior doctors. The DH claimed that it was exempt because MTAS was a form of examination, but the Commissioner says that the "results" have already been published by giving doctors interviews, so the DH "should now take steps to respond to all subject access requests". (Independent)
The Remedy UK website has a press release summarising last week's judicial review, and confirmation that the ruling is expected on Wednesday 23rd May.
A group of doctors have published a Comment in the Lancet claiming that doctors' careers could be irreparably damaged by MTAS, and patients put at risk by the August 1st changeover. It is accompanied by polls expressing low confidence in MMC and one poll in which 80% of respondents want the August 1 changeover postponed. Meanwhile, James Johnson, who resigned as BMA chair yesterday, has commented on anxiety in the BMA council about the approach of Remedy UK. (MedicalNewsToday, E-Health Insider)
The BMA are writing to Patricia Hewitt outlining urgent steps to be taken to resolve the MTAS situation, including guarantees of employment, bursaries, a more transparent process, a doctor-led group to design the future of training, and greater training flexibility.
The BMJ questions how the government could have got the numbers of posts wrong.
And away from MTAS, a surgical SHO writes for BMJ Career Focus about balancing fatherhood with a surgical career. A registrar advises on choosing your specialty foundation training. And BMJCF also explains the calculation of consultant pensions.
The Remedy UK website has a press release summarising last week's judicial review, and confirmation that the ruling is expected on Wednesday 23rd May.
A group of doctors have published a Comment in the Lancet claiming that doctors' careers could be irreparably damaged by MTAS, and patients put at risk by the August 1st changeover. It is accompanied by polls expressing low confidence in MMC and one poll in which 80% of respondents want the August 1 changeover postponed. Meanwhile, James Johnson, who resigned as BMA chair yesterday, has commented on anxiety in the BMA council about the approach of Remedy UK. (MedicalNewsToday, E-Health Insider)
The BMA are writing to Patricia Hewitt outlining urgent steps to be taken to resolve the MTAS situation, including guarantees of employment, bursaries, a more transparent process, a doctor-led group to design the future of training, and greater training flexibility.
The BMJ questions how the government could have got the numbers of posts wrong.
And away from MTAS, a surgical SHO writes for BMJ Career Focus about balancing fatherhood with a surgical career. A registrar advises on choosing your specialty foundation training. And BMJCF also explains the calculation of consultant pensions.
Monday, May 21, 2007
BMA chairman resigns over letter to Times
James Johnson, the chairman of the British Medical Association, has resigned following heavy criticism over a letter he wrote to the Times with Dame Carol Black, the chair of the Academy of Medical Royal Colleges, supporting the Review Group proposals to reform but not scrap the appointment system. The letter stated that "We agree that a better system is needed, but believe that it should be achieved through argument and negotiation, not action that could risk harming patients, the NHS or our colleagues." BMA treasurer David Pickersgill said that the letter was felt to be "insufficiently sensitive" to doctors and had "led to a loss of confidence in the chairman". (Times of India) The original letter can be found here.
According to the Daily Mail, the BMA received over 500 complaints from doctors unhappy that Mr Johnson was not expressing their anger with the system.
According to the Daily Mail, the BMA received over 500 complaints from doctors unhappy that Mr Johnson was not expressing their anger with the system.
Friday, May 18, 2007
Judicial ruling still pending; latest news on MMC/MTAS; RCS rota planning guidelines
We're still awaiting the outcome of the judicial review of the MMC recruitment process. RemedyUK have told the High Court that "the appointments scheme was so conspicuously unfair as to amount to an abuse of power", and that key decisions which impacted on doctors were being made with no consultation. (Times Online, Channel 4 News) The BMA JDC has published a summary of the current status of the judicial review and of their own position at this stage, which is quite informative.
The RCPsych has welcomed the removal of the MTAS online system. And the chair of the Scottish BMA JDC has pointed out that Scotland opted out of MTAS three weeks ago.
Meanwhile, Channel 4 News has reported on the potential impact the recruitment process will have on patients, and has obtained a document written by paediatric consultants at St Mary's NHS Trust which outlines two contingency plans should MTAS not continue. Channel 4 also reports that several UK applicants have had their applications wrongly suspended on work permit grounds. The Department of Health responded that they are investigating 26 applications on a case by case basis to establish which are "genuine errors".
In other news, the Royal College of Surgeons has released rota planning guidelines. This does not provide rota patterns but lays out general principles, such as the need for split nights and the option of "voluntary resident on call". Most significantly, the document states that "for more experienced trainees (for example, current SpRs or those in ST3+), the College2 and the National WTD Stakeholder Group3 recommend that night shifts be minimised as they do not provide appropriate training opportunities. In addition, cross-cover at this level is not considered appropriate by the College and the surgical specialist associations."
Finally, just a reminder that all the presentations, documents and tools from the recent conference "Transforming Care Delivery - Towards Working Time Directive 2009" are available at the NHS Healthcareworkforce portal.
The RCPsych has welcomed the removal of the MTAS online system. And the chair of the Scottish BMA JDC has pointed out that Scotland opted out of MTAS three weeks ago.
Meanwhile, Channel 4 News has reported on the potential impact the recruitment process will have on patients, and has obtained a document written by paediatric consultants at St Mary's NHS Trust which outlines two contingency plans should MTAS not continue. Channel 4 also reports that several UK applicants have had their applications wrongly suspended on work permit grounds. The Department of Health responded that they are investigating 26 applications on a case by case basis to establish which are "genuine errors".
In other news, the Royal College of Surgeons has released rota planning guidelines. This does not provide rota patterns but lays out general principles, such as the need for split nights and the option of "voluntary resident on call". Most significantly, the document states that "for more experienced trainees (for example, current SpRs or those in ST3+), the College2 and the National WTD Stakeholder Group3 recommend that night shifts be minimised as they do not provide appropriate training opportunities. In addition, cross-cover at this level is not considered appropriate by the College and the surgical specialist associations."
Finally, just a reminder that all the presentations, documents and tools from the recent conference "Transforming Care Delivery - Towards Working Time Directive 2009" are available at the NHS Healthcareworkforce portal.
Tuesday, May 15, 2007
MTAS taken offline, police investigation to follow; timetable for appointments
NHS Employers and the Department of Health have confirmed that the MTAS online application system will not be used for the next round, although it will be used for national monitoring and postgraduate deaneries have now been given access again. Junior doctors will hear the results of their applications by phone and the rest of the interview process (pending the judicial review outcome) will take place offline.
In her written ministerial statement, Patricia Hewitt has confirmed that there were two security breaches and that "because the investigation has made it clear that criminal offences may have been committed, the MWR analysis and report have been given to the police."
The written statement continues: "Subject to the outcome of the current Judicial Review, the first offers for hospital specialities in England will be made on or after 21 May 2007, with all initial offers made by early June. This process of making offers will continue until late June 2007, at which time Round 1 will close, ensuring that candidates and employers have time to prepare for appointments commencing on 1 August 2007. Given the continuing concerns of junior doctors about MTAS, the system will not be used for matching candidates to training posts, but will continue to be used for national monitoring."
The BMA have welcomed this move but have opposed calls for the completed interviews to be scrapped. For full details see the press release available here.
In her written ministerial statement, Patricia Hewitt has confirmed that there were two security breaches and that "because the investigation has made it clear that criminal offences may have been committed, the MWR analysis and report have been given to the police."
The written statement continues: "Subject to the outcome of the current Judicial Review, the first offers for hospital specialities in England will be made on or after 21 May 2007, with all initial offers made by early June. This process of making offers will continue until late June 2007, at which time Round 1 will close, ensuring that candidates and employers have time to prepare for appointments commencing on 1 August 2007. Given the continuing concerns of junior doctors about MTAS, the system will not be used for matching candidates to training posts, but will continue to be used for national monitoring."
The BMA have welcomed this move but have opposed calls for the completed interviews to be scrapped. For full details see the press release available here.
Monday, May 14, 2007
European Commission consultation on EWTD and information & consultation directive
CEEP UK, the European public sector employers' association, are seeking comments on the European Commission's consultation on EWTD and also their questionnaire on the information and consultation directive.
Comments on the EWTD consultation are due by tomorrow (15th May) I'm afraid. The CEEP summary is as follows:
In the context of the ongoing discussions on the revisions of the European Working Time Directive (as previously reported, these are currently stalled as a result of the inability of EU Social Affairs Ministers to agree on a formula for the treatment of inactive time spent at work and the future of the opt out), the European Commission has issued a questionnaire to Member States and social partner organizations on the way in which the Directive has been transposed and implemented at national level. Employers and trade unions are asked to consider whether national transposition has been satisfactory and to provide details of any positive or negative implications at workplace level. The question is also asked whether social partners have been sufficiently consulted in the implementation of the Directive. Finally, the Commission is calling for suggestions for improvements regarding the implementation of the Directive.
This is the first report to ask how well things are going with applying EWTD to doctors in training (the last one was doctors were still excluded), so please send any comments to admin@idwl.info by tomorrow, 15th May.
Comments on the information and consultation directive can be submitted until 10 June.
On the subject of MMC and MTAS, this week the job selection process is going to judicial review and we expect a ruling on Wednesday. I'll update more once we know the outcome. In the meantime MTAS is offline and looks to remain so for the time being.
Comments on the EWTD consultation are due by tomorrow (15th May) I'm afraid. The CEEP summary is as follows:
In the context of the ongoing discussions on the revisions of the European Working Time Directive (as previously reported, these are currently stalled as a result of the inability of EU Social Affairs Ministers to agree on a formula for the treatment of inactive time spent at work and the future of the opt out), the European Commission has issued a questionnaire to Member States and social partner organizations on the way in which the Directive has been transposed and implemented at national level. Employers and trade unions are asked to consider whether national transposition has been satisfactory and to provide details of any positive or negative implications at workplace level. The question is also asked whether social partners have been sufficiently consulted in the implementation of the Directive. Finally, the Commission is calling for suggestions for improvements regarding the implementation of the Directive.
This is the first report to ask how well things are going with applying EWTD to doctors in training (the last one was doctors were still excluded), so please send any comments to admin@idwl.info by tomorrow, 15th May.
Comments on the information and consultation directive can be submitted until 10 June.
On the subject of MMC and MTAS, this week the job selection process is going to judicial review and we expect a ruling on Wednesday. I'll update more once we know the outcome. In the meantime MTAS is offline and looks to remain so for the time being.
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