Responding to today’s High Court verdict on the legal challenge by Anaesthetists United and the parents of Emily Chesterton over the GMC’s failure to properly regulate physician assistants, Dr Tom Dolphin, chair of BMA council, said:

“This is a disappointing outcome. The case was rightly brought by Anaesthetists United and the family of Emily Chesterton following the failure by the GMC to act on the overwhelming consensus of doctors that there should be a clear scope of practice that sets safe limits on what physician assistants can and cannot do. That consensus is still correct even though the court today decided that who sets scope is not a matter for a court of law.

“We thank Emily’s parents Marion and Brendan for their bravery in bringing this case, and the many doctors who supported AU directly by providing funds to ensure it could be heard.  We remain proud to have stood by AU, the wider medical profession, and the Chesterton family, and are sorry that today’s outcome didn’t deliver the outcome we all wanted. 

“It is important to make clear that the court has not vindicated the GMC’s refusal to set a scope or adopt scopes set by others. Instead, it has simply stated the GMC’s decision not to do so was not unlawful. The GMC should take no comfort in this outcome. The prevailing weight of medical opinion agrees that nationally agreed scopes of practice will protect patients, and that the GMC has a role to play to ensure that when these are set, they are enforced.

“Along with AU and the Chesterton family, the BMA will be considering next steps in relation to this regrettable ruling.”

Notes to editors

The BMA is a professional association and trade union representing and negotiating on behalf of all doctors in the UK. A leading voice advocating for outstanding health care and a healthy population. An association providing members with excellent individual services and support throughout their lives.