| BAPIO Win Appeal |
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| Friday, 09 November 2007 | |
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The British Association of Physicians of Indian Origin were exuberant after the judgement was handed down today (9th November 2007) at the High Court upholding their appeal that advice given by the Department of Health to NHS employers regarding doctors on the Highly Skilled Migrants Programme (HSMP) was not lawful.
The appeal was heard by LORD JUSTICE SEDLEY, LORD JUSTICE MAURICE KAY and LORD JUSTICE RIMER. The Lord Justices were unanimous in agreeing that the guidance issued by the Department of Health on treatment of doctors on HSMP was wrong.
Dr Raman Lakshman, Vice Chair for Policy for BAPIO said "We are absolutely delighted. This is a truly happy Diwali for thousands of doctors who have been through 18 months of unimaginable stress. Doctors on the HSMP came to the UK on the understanding they are required here and will be treated fairly. This judgment means that these International Medical Graduates can expect to be treated on merit for the 2008 recruitment process and onwards " "This is a landmark victory for International Medical Graduates as the courts have found not only that the Home Office did not carry out a Race Impact Assessment but also the Department of Health gave incorrect guidance to NHS employers on the way these doctors are to be treated ." said Dr Satheesh Mathew, Vice Chair BAPIO (Operations). "This judgement will mean that Indian doctors and other International medical graduates in the UK will not have to pay the price for the poor workforce management of the Department of Health." He added " However we also believe that all UK graduates must be guaranteed postgraduate training." Dr Ramesh Mehta, President of BAPIO, thanked everyone who had helped to fight the case. "The first person I would like to thank is Mr Rajendra Chaudhary whose guidance was crucial in this struggle. We would also like to thank Anthony Robinson of Linder Myers solicitors and our counsel led by Rabinder Singh QC. We also want to thank all the hundreds of doctors who contributed their hard earned money to make this fight possible" he said. He continued "We see BAPIO's role as one of advocacy for international medical graduates and ethnic minority doctors and also an organisation that will support these doctors both at time of difficulty and to acheive clinical and professional excellence." Dr Buddhdev Pandya OBE, Corporate Advisor to BAPIO, said he was overjoyed by the ruling. He had been instrumental in setting up BAPIO Action Limited, a limited company set up specifically to look into legal avenues for unfair treatment of doctors from the Indian subcontinent. BAPIO was set up in 1998 and represents the interests of about 25,000 doctors from the Indian subcontinent who work in the NHS. At this time of joy, BAPIO remembers with gratitude Dr Imran Yousaf who joined BAPIO in this struggle for justice and whose life was lost as a result of rules brought forth with no concern for their effects on doctors like him. |