Physician associates legal ruling welcomed

Black and white head and shoulders photo of DAUK chair Ms Helen Fernandes. Helen has welcomed a legal ruling on physician associates
Andy Mann
  • DAUK News
  • General Practice
  • Medical Allied Professions
  • The NHS
3 minutes read

DAUK says the expansion of physician associates (PAs) and anaesthesia associates (AAs) roles must be immediately paused following a legal ruling in the High Court.

Anaesthetists United is taking action against the General Medical Council (GMC) over the regulation of the roles.

The challenge has been brought with the parents of Emily Chesterton, Marion and Brendon. Emily was aged 30 when she died after two appointments with a PA she believed was a GP.

DAUK gave our support to the legal challenge, including a £30,000 contribution to Anaesthetists United’s crowdfunding efforts. The support underscored our deep-seated concerns over patient safety and professional standards.

Judicial review

In seeking a judicial review, Anaesthetists United argued in the High Court that PAs and AAs, who are not doctors, are performing roles beyond their competence and training.

It was also argued that by not setting their scope of practice, the GMC was putting patients at risk.

The case has been heard by Mr Justice Chamberlain, the lead High Court Judge dealing with judicial review cases.

It has passed its first legal hurdle and has been granted permission to proceed to a full High Court hearing, which is set to be held before Easter.

In reaching his decision, Mr Justice Chamberlain, said: “The claim raises serious issues of importance to the relevant professions and to patients which should be determined on a reasonably expedited basis.”

Legal ruling welcomed

The ruling was today welcomed by our chair Ms Helen Fernandes.

She said: “We have been consistent supporters of this crucial legal challenge and provided substantial financial backing.

“We are delighted with the ruling and that it will now go to a full judicial review.

“With this ruling, as well as the independent Leng Review, we feel even more strongly that the roll out of PAs and AAs now needs to be paused.

“Questions around the appropriate regulation, scope of practice, supervision, and ultimately patient safety need to be answered. It’s too important to blindly carry on.

“It’s also unsettling for the many PAs and AAs who are already in post, and their teams and their patients.

Patient safety

“We recognise PAs and AAs need to be regulated. However, it must be done by the most appropriate body, which is not the GMC.

“GMC regulation only blurs the lines between doctors and non-doctors, confuses the public, and risks patient safety.”

Anaesthetists United is aiming to raise another £150,000 to cover its costs in the next stage of the case.

For more information on how to support this crucial legal challenge, please visit the Anaesthetists United donations page.

And please support the work of DAUK.

Support our cause

We are a strictly non-profit, campaigning, and lobbying organisation comprised of UK doctors and medical students. We advocate for both the medical profession and patients, and we fight for a better NHS.

Join Us Now