The BMA has today won a ‘landmark’ judgement, supporting a trainee GP who believed they had been unfairly treated by the Royal College of GPs because of the way the College applied its policy on the number of attempts at taking an exam.
The BMA supported the doctor to bring judicial review proceedings challenging the lawfulness of the College’s attempts policy.
The case concerned the lawfulness of the RCGP’s attempts policy, in which it would allow only four (exceptionally five) attempts at exams known as the ‘ AKT/RCA tests.’ These are required to complete GP training. According to the RCGP’s attempts policy, no additional attempts would be granted, even in circumstances where a candidate discovers, after sitting a test, that they have a disability which, if known at the time, would have entitled them to “reasonable adjustments”, including additional time for the taking of the test.
Commenting on today’s judgement, the Chair of the BMA Council, Professor Phil Banfield said:
“The BMA is delighted the court has vindicated our efforts to stand up for disabled doctors who have been treated unfairly by the Royal College of GPs. The BMA supported a GP candidate in bringing legal action, challenging the College’s policy of not allowing trainee GPs re-sits or additional exam attempts where they received a late diagnosis of a disability and had failed previous exam attempts without the benefit of reasonable adjustments. The GP candidate has successfully argued that the College was acting unlawfully and putting its disabled trainees at a significant disadvantage.
"Today’s landmark judgment not only confirms that the RCGP’s treatment of the disabled candidate in this case was unlawful, but also that the RCGP’s policy in relation to the Applied Knowledge Test, applying to all disabled candidates, is quashed and must be replaced. The Court ruled that “the College has failed entirely to provide a coherent justification for its policy” and that the legal grounds underpinning the decision are “applicable in principle to the generality of candidates for membership of the College”. This plainly supports the BMA’s long-standing conviction that the RCGP’s relevant policy on exam attempts was unlawful and unfair to disabled trainees.
"Over a year ago, following our calls, the Association of Medical Royal Colleges produced principles for Royal Colleges on how to provide a consistent and fair approach for all trainee doctors, across medical examinations.
"As a result, the BMA then urged medical royal colleges, faculties and exam bodies to implement policies which provided fair opportunities for all candidates, in line with that guidance. Despite protracted engagement by the BMA with the Royal College of GPs, the College continually refused to change its stance.
"Whilst today’s judgment is welcome, and will pave the way for disabled trainee GPs to receive much fairer treatment over examinations, it is hugely disappointing that legal action was necessary to achieve this outcome. The College’s intransigence towards change that would promote fairness for disabled trainee GPs in the UK, left us and the candidate in this case with little alternative. We are proud to support our disabled colleagues and sincerely hope this judgment serves as a warning to other Royal medical colleges to ensure they treat all their trainee doctors fairly and make suitable adjustments for those who need it.”
Notes to editors
Details of the judgement in full will be available here
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