Mr Justice Chamberlain, the Lead High Court Judge dealing with judicial review cases, has cut through the red tape in our legal challenge. The case has now passed the first legal hurdle and been granted permission to proceed to a full High Court hearing at which the GMC will be held to account for the unsafe, pitifully light-touch regulatory regime it has in mind for Physician Associates (PAs) and Anaesthesia Associates (AAs).
And recognising the gravity of the issues at stake, the judge has ensured that the case is heard before the end of the Easter term.
Anaesthetists United, together with the parents of Emily Chesterton, are taking action against the General Medical Council (GMC) over their failure to regulate both forms of Associate properly.
In reaching his decision, Mr Justice Chamberlain confirmed that the grounds of challenge are reasonably arguable, and he observed that “The claim raises serious issues of importance to the relevant professions and to patients which should be determined on a reasonably expedited basis.”
The GMC had claimed our case was hopeless and could not even be argued.
This is a victory for patients and their safety. It might be the last chance we have to fix the mess that has been created by the GMC’s failure to do their job of protecting patients.
We believe that there is a role for Associates in the NHS, but that there have to be national standards governing what they can and cannot do. We also think that the GMC has a statutory duty to do this and that their refusal to do so is unlawful.
PAs, who of course are not doctors, are performing duties far beyond their training and competence. The GMC’s refusal to set lawful practice measures to define their scope of their practice puts patients at risk. Time and time again we are hearing instances of them acting without proper supervision.
This madness must not continue.
But we cannot do this alone. Fighting this battle has drained our resources, despite the generosity of our supporters, and we are now desperately short of funds. We are battling against a body that bows to political pressure, is well-funded by the government and is deeply entrenched in its views. If we don’t act now, it may be too late. We need your help.
And bullying the Royal Colleges?
The essence of the GMC’s defence is that it cannot set Scope for PAs or AAs because it doesn’t have the necessary expertise. Yet despite the obvious flaws in this logic, their claimed lack of expertise hasn’t stopped Mr Massey from telling the true experts that they are doing it wrong. In his letter to the Royal College of Anaesthetists he tries to tell them that the rules they propose – which were drawn up by experts in their discipline and put out for consultation and review – are somehow too “inflexible” and could impact the viability of the profession and the people running training courses for them.
The Leng review is also taking place now. But a review is just that – a review. It is not a court of law. It cannot compel anyone to do anything. Nor can it rule on what the High Court can and must – the question of whether the GMC has misunderstood its powers and failed to calibrate Associate regulation to Associate risk.
Help us take it to Court
Legal accountability is not free – unless you are the GMC and the taxpayer is ultimately meeting your legal bills. We are aiming to raise another £150,000 to cover our costs in the next stage of the case.
We offered mediation to the GMC as a way of keeping costs down, but they repeatedly refused.
Marion Chesterton, a co-claimant in the legal case, has called on everyone who believes in patient safety, proper medical oversight, and accountability to donate whatever they can to support this legal fight. “Every pound brings us closer to holding the GMC accountable and ensuring that no more families have to suffer the consequences of their inaction.”
Visit our donations page and help us – we need to raise funds quickly if we’re going to succeed.
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This case is more than a legal battle; it is a fight for standards and professionalism in our healthcare system. Join us.