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BAPIO – DOH Meet dated 06/11/08

Attendees

BAPIO: Drs Ramesh Mehta, Satheesh Mathew, Sajayan & Onteeru Reddy

DOH: Debbie Mellor (Deputy Director of Work force), Ali Eliyathi (International recruitment lead)

The agenda (proposed by BAPIO as DoH didn't have one)

1- Update on developments at DH since the House of Lords ruling and the response to consultation.

2- DH plans for Service posts and other posts for IMGs.

3- Other matters arising eg. BAPIO mentorship programme

BAPIO attended the meeting with an open mind and did not promise or agree to anything. We stressed our willingness to work with the DoH for the benefit of IMG's & to improve the patient care.

Service posts and training posts :

-Mostly middle grade service jobs are still vacant in various trusts. DOH says that few short-term (like LAT) & some long-term training opportunities [leading to CCT] are still open for IMG's, if they come in through Tier2 (subject to the labour market tests).It varies between specialties.

DoH didn't have a specific number on any of these posts.

BAPIO stressed that

· There shouldn't be any exploitation in the name of "training element" for the service posts

· Service posts should be clearly advertised as those with no scope for any training so that IMG don't come with any expectation of training, hence won't be disappointed & that would be purely their informed choice.

· DoH should find out the exact number of available posts before going out and advertising about the opportunities.

· Clarity is needed about terms & conditions, training status, eligibility for Royal college exams and pay protection to all IMG's coming in.

Medical Training Initiative: (Tier 5/TWES)

DOH says that these are totally training posts [on the lines of earlier ODTS] especially in the subspecialisations of Ophthalmology, Public Health, Medicine etc as required by the specific requirements of the sponsoring /participating countries. They are currently aimed at sub-Saharan countries. But they are looking at possibilities of expanding the scope of these posts to other countries and to more posts.

DOH says-they would have an initial induction period, till they get GMC registration and then they would be slowly acclimatised into the system and training needs would be tailor made to suit their local country needs. The candidate apparently will know what he is going to do during the period of stay in the UK before starting the job.

· BAPIO stressed that the wordings like `up to' 2 years is ambiguous and should not misguide the IMGs and they shouldn't be in a position of uncertainty after coming to UK.

· BAPIO also pointed out the loop holes in MTI by which the employer can decide what salary these doctors will be on. DoH reps stressed that there would be no such exploitation and there will be equal pay for equal work.

North Eastern Deanery:

All the so called reliable discussions & case presentations by certain doctors regarding these short-term posts were quoted to be inaccurate & a kind of misinformation campaign.

DOH says that North East deanery is planning a pilot based on MTI & nothing has been finalised. They would like BAPIO's comments on the draft they are going to bring out.

Other points discussed

· Discussion about how DOH needs to involve all stake holders including BAPIO, GMC, BMA-IDAG, Royal Colleges, HCSA, PMETB etc.and come out with clear terms & conditions/pay scales/eligibility criteria for sitting Royal college exams (especially if the doctors are on a service post) for all the proposed new jobs in the NHS. They have agreed to look in to it and possibly arrange meetings of all these groups.

· The Immigration problems faced by IMG doctors in the NHS & their dependents while travelling (to and) from India was raised & also how apology was obtained from the Minister for harassment, in the name of NHS fraud. DoH is appointing a new senior staff working currently in the Border & Immigration services and she could help resolving such issues in future. Also, during his trip to India, Dr Mehta would hold discussions with the Delhi British consulate & High commission, regarding issues like delays in visas & harassment at airports etc.

· Mentoring programmes based on the London Deanery pilot to be extended to other deaneries as well. They promised to get more details from our programme in-charge, Dr Sajayan.

· DOH was appreciative of our plans about the certificate courses run for medical directors through collaboration with London Deanery.

Ultimately nothing was agreed or signed by BAPIO; since on most issues, DOH did not have any numbers or data or statistics and we can not blindly trust any kind of new recruitments.

DOH has agreed to send the rough draft of its proposals, which BAPIO could go through and suggest ideas & changes. It was only agreed that we have to move on with the times since the verdict, work more closely, constructively for the benefit of patient care & IMG cause.

Drs. Ramesh Mehta, Satheesh Mathew, Sajayan & Onteeru Reddy

IN THE HIGH COURT OF JUSTICE CO/1914/2007

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

REGINA

(On the application of

BAPIO ACTION LTD)

Claimant

V

SECRETARY OF STATE FOR HEALTH

Defendant

_____________________________

ORDER

___________________________________

UPON the Secretary of State making the undertakings set out in the attached Schedule to this Order

AND BY CONSENT

IT IS ORDERED THAT:

(1)The Claimant has permission to withdraw its claim for judicial review, which is withdrawn save for the purposes of enforcing the undertakings set out in the attached Schedule.

(2)There be no order as to costs.

(3)The Claimant has liberty to apply for the purpose of enforcing the undertakings set out in the attached Schedule to this Order.

WE HEREBY CONSENT TO AN ORDER BEING MADE IN THE ABOVE TERMS

Dated…………………….

………………………………………………………………

Linder Myers SolicitorsPhoenix House45 Cross StreetManchesterM2 4JFSolicitors for the ClaimantAL/KD/56476.3Office of the SolicitorLitigation DivisionNew CourtRoom 51148 Carey StreetLondonWC2A 2LSSolicitors for the DefendantLJR/06/407/DH

SCHEDULE

1.The Secretary of State undertakes to issue guidance directing the Postgraduate Deaneries in England which have responsibility for conducting the appointment process for specially training programmes due to commence in August 2007 to, in respect of round 1 of that appointment process:

(1)henceforth consider for appointment all international medical graduates who, as at 5 February 2007, had leave to enter or remain in the UK pursuant to the highly-skilled migrants programme, regardless of when that leave is (or was) due to expire;

(2)take reasonable steps to ascertain whether any international medical graduates who, as at 5 February 2007, had leave to enter or remain in the UK pursuant to the highly-skilled migrants programme have, by reason of that leave expiring before 1 August 2007, been excluded from consideration for appointment;

(3)in the event that any individual is identified pursuant to (2) above, to take reasonable steps to ensure that he is considered for appointment in a manner equivalent to any individuals who have already been considered for appointment to the training position for which the relevant individual applied.

2.The Secretary of State undertakes to inform the Departments of Health in Wales, Scotland and Northern Ireland that it has issued the guidance referred to in paragraph 1 above and to provide them with a copy thereof.

3.The Secretary of State undertakes to comply with the undertakings given in paragraphs 1 and 2 above by 2pm on Friday 9 March 2007.

EMERGENCY INTERIM INJUNCTION ORDER from THE HIGH COURT OF JUSTICE  

 

“Until the matter can be heard inter partes on the morning of Thursday 8 March 2007 before a judge of the Administrative Court

(1) Those who have leave to enter/remain in the UK under the Highly Skilled Migrant Programme are to be considered for appointment and interviewed under Round 1 of the current recruitment process administered by the Medical Training Application Service in the same way as any applicants from the UK and the EEA and accordingly the following guidance from the Department of Health be deemed not to apply to those who have leave to enter/remain under the Highly Skilled Migrant Programme

“Doctors with limited leave to enter/remain in the UK in immigration categories that allow them to work will be considered for short-listing in Round 1 if their leave is current at 1 August”

(2) No appointments under Round 1 should be made until 2 pm on Thursday 8 March 2007 and after the matter has been heard inter partes

(3) Judicial review proceedings are to be served on the proposed Defendant forthwith after issue.

 

(4) This order and supporting documentation to be served on proposed Defendant forthwith.

 

(5) Costs reserved.

 

(6) The proposed Defendant have liberty to apply to set aside this order on 24 hours notice in writing to the proposed Claimants’ solicitors.”

  While the Department of Health has promised to keep its guidance on HSMP doctors in abeyance for the round 1 of MMC recruitment it has also applied a new condition that is causing a great deal of worry and anxiety amongst our members. On midnight a week ago the Department published on the MTAS website that only those doctors who have a visa to work beyond 1 August 2007 will be considered for recruitment in MMC.

Our lawyers asked the Department to remove this requirement. We first wrote to Department’s solicitors on Monday 26 February seeking urgent action. This was followed up with several faxes and telephone calls. Unfortunately there was no satisfactory reply. In the meantime the results of the short listing were published and we were relieved to learn from even our members whose visa is due for renewal before 1 August were short listed. But this relief was short-lived and it became apparent on Thursday that doctors who do not have visa extending beyond 1 August may be turned away from the interview.

On Friday 2 March our lawyers again pressed the Department for a reply to our request of 26 February. We got an email from Department’s lawyers promising that we would have a reply before the end of the day; unfortunately that promise was not kept.

Given that the rule will be implemented for the current interview process we have asked our lawyers to go to court today, Sunday 4 March 2007, and seek an emergency injunction against the Department of Health. We are asking for an order from the court that those whose visa falls for renewal before 1 August 2007 should not be excluded from interview and appointment process.

  There are risks involved with this course of action. But given that our members will begin to suffer harm from being excluded from the interviews and the Department is so far unprepared to enter in to any dialogue, we find ourselves left with no choice in the matter.

  Friends, so far we have stood up against unfairness and injustice and we have no plans to back down at this stage. Once we get the injunction we will have to proceed with another Judicial Review on this particular issue. To continue our fight we need muscle. The flow of funds is drying up and we are sure your enthusiasm will be rekindled.

Ramesh Mehta, Satheesh Mathew, Raman Lakshman, Sajayan, Satwinder Basra and Buddhdev Pandya.

Legal Action Team

www.bapioaction.moonfruit.com

Dear All,

This is to confirm that Appeal was lodged on Thursday 1rst of March in the court appeal against the Judgement of Judicial Review. The DH and Home office have to respond in 3 weeks. The case will then be listed for hearing.

Friends as many of you have already indicated, the battle is going to be long and hard. We are still short of funds and may I request those of you who are yet to contribute please do so ASAP.

Ramesh Mehta for the Legal Action Team