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BMA launches judicial review against government

23 February 2016

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The British Medical Association (BMA) will launch a judicial review of the government’s decision to impose a new contract on junior doctors in England.

This is because the government failed to follow due process, according to the BMA, and Jeremy Hunt, health minister, did not undertake an EIA (equality impact assessment) before deciding to force the contract – which will take effect in August.

Johann Malawana, BMA junior doctors committee chair said: “This is yet another example of the incompetence which the government has demonstrated throughout its handling of the dispute.”

The judicial review is carried out in The High Court, and is a type of proceeding where a judge reviews the lawfulness of a decision or action made by a public body.

There will also be more strikes, excluding emergency-care, on the following dates:

·       8am on Wednesday 9 March to 8am on Friday 11 March.

·       8am on Wednesday 6 April to 8am on Friday 8 April.

·       8am on Tuesday 26 April to 8am on Thursday 28 April.

In response, Danny Mortimer, chief executive of NHS Employers, said: “It is disappointing that the BMA has decided to announce further industrial action despite the majority of the BMA’s concerns being addressed and reflected in the final contract. This disruption to patient care is unnecessary. I strongly believe that the final contract is safe, fair and reasonable.

“For the sake of the NHS, and patients I urge all junior doctors to take a look at the contract in detail before taking part in any future action,” he requested.