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The Department of Health has commissioned NHS Employers to look at the effectiveness and value for money of the current junior doctors contract. Remedy believe that there are some serious conceptual flaws in the current contract that need to be rectified.
We would like to see changes made to the term of contracts, with a single contract for the duration of a training programme rather than a series of discrete contracts. And we would like to see the corporate nature of Deaneries, in Employment Law terms, more clearly defined.
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Stories are reaching us that some of the kludges and schemes dreamt up to ensure compliance with the Working Time Directive have resulted in dire working patterns for doctors.
We are launching a competition to find the worst Rotas that Britain has to offer.
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Last year Remedy wrote to the GMC on behalf of 1600 supporters asking them to hold an enquiry into the Fitness to Practice of the architects of MTAS. The GMC declined, reasoning that their alleged misconduct, even if proved, could not sensibly be said to impinge on their fitness to practice medicine.
We have now raised over £20,000 to seek judicial review of this GMC decision. Unfortunately the first judge to look at the case has refused us permission. We have now applied for an oral hearing on permission, and a date has been set for Monday 27th July 2009.
Our barristers think that we have a strong case. We have two hurdles to overcome on the 27th. The first is to argue that our case is potentially winnable, which the case law and precedents clearly demonstrate. If we succeed in getting permission then we can go on to a substantive hearing of the case.
The second hurdle relates to money. Remedy is an organisation with limited financial reserve, whereas the GMC has massive resources and can use its financial muscle against us. We can only take the case forward if we can sort out the issue of costs.
A permission hearing is a relatively brief affair, should be limited to an hour for each side, and is open to the public. See you in court.
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In the last 24 hours there have been worrying reports that the figures for 'compliance' with the EWTD may not be completely true.
In a survey of 31,360 junior doctors carried out by PMETB, the body responsible for regulating medical training, one in 10 of the respondents whose hours were compliant on paper said that they were being asked to lie. The data was revealed by the Health Service Journal today.
But it is not just the junior doctors that are lying. Earlier this month the President of the Royal College of Surgeons attended a truly frightening meeting of the Department of Health EWTD team and the Academy of Royal Colleges at which specialty after specialty described the reality of 'mythical rotas'. They uncovered dangerously thin levels of cover, multiple handovers and unplanned and untested service re-configurations. The number of unfilled junior posts, both service and training, now approaches 3,000. Overall national compliance with the EWTD has fallen from 78 to 72% as paper rotas were revealed as being 'mythical'. As the situation is examined more critically the true figure may be lower still.
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After a huge amount of pressure, and only 12 weeks before the full weight of the Working Time Directive hits the NHS Alan Johnson has ordered an enquiry into the effect of EWTD on the training of doctors in the UK.
In announcing it Alan Johnson has tasked MEE (Medical Education for England) to commission PMETB to consult 'stakeholders' as to solution to the imminent changes. This ultra-arms-length approach hints at lack of foresight and planning - arguably not boding well for a quick-fire solution in the 12 weeks that remain.
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