Foreign doctors win High Court challenge over training placesBMJ 2007; 335 doi: https://doi.org/10.1136/bmj.39398.720012.DB (Published 15 November 2007) Cite this as: BMJ 2007;335:1009
- Clare Dyer, legal correspondent
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 …