BMJ  2007;335:1009 (17 November), doi:10.1136/bmj.39398.720012.DB

News

Foreign doctors win High Court challenge over training places

BMJ

The first 150 words of the full text of this article appear below.

Guidance from the Department of Health that makes it harder for doctors who trained abroad to compete with UK medical graduates for NHS training posts was ruled "unlawful and of no effect" by the Court of Appeal last week.

Lords Justices Sedley, Maurice Kay, and Rimer ruled that a government department could not impose restrictions unsanctioned by parliament which went further than the immigration rules.

The guidance to NHS employers was that doctors on the highly skilled migrant programme (HSMP) whose leave to remain in the United Kingdom was due to expire before the end date of any training post on offer, should be offered the post only if there were no suitable UK or EU candidates. The guidance was first challenged earlier this year but rejected (BMJ 2007;334:333 doi: 10.1136/bmj.39125.369178.DB).

A spokeswoman for the Department of Health said that it was considering its next move. But the . . . [Full text of this article]

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