BMA begins legal action over Federation of Royal Colleges of Physicians exam

The BMA is taking legal action against key decision-makers involved in preventing job progression for doctors affected by an exam error, which saw hundreds of doctors receive incorrect results.

222 were doctors told they had passed the Part 2 Written Examination (MRCPUK Part 2) in September 2023 when they had failed, and a further 61 told they had failed when they had passed.

The exam is one of three parts and must be taken by experienced and qualified doctors who want to progress further in their training in a medical specialism such as cardiology, respiratory or intensive care medicine.

In a pre-action letter, the Association said the mistake, admitted by the College’s exam body on 19th February, caused “extreme distress and disruption” and has been made worse by the decision of NHS England, the General Medical Council, and statutory education bodies, to stop some affected candidates from progressing further in their training.

Doctors who were told they had passed when they had failed have had their applications unilaterally withdrawn, without their consent, from the current round of Higher Specialty Training recruitment – even though their capabilities have been assessed formally in the intervening 18 months and pose no risk to patient safety.

These doctors now face delays to their training and, in an environment where jobs are in short supply, are worried about possible unemployment.

The letter, addressed to the Secretary of State and other bodies involved, stated this decision has caused significant financial loss and is preventing doctors from progressing in their careers.

The BMA said that if this is not reversed immediately, it intends to issue an application for Judicial Review.

Professor Phil Banfield, chair of council at the BMA, said: “What began as a catastrophic exam error has fast become a scandal.