UMAPs Seeks Judicial Review against Wes Streeting and NHS England over Leng Review

We are supporting United Medical Associate Professionals (UMAPs) in urging the government to reconsider its decision to implement the recommendations of the Leng Review, which severely limit the roles of physician associates and anaesthesia associates in the health service. UMAPs is also represented by Patrick Green KC of Henderson Chambers, best known for representing sub-postmasters in the Horizon IT Scandal.

Pre-action letters have been sent to Health Secretary Wes Streeting and NHS England notifying them of an intended judicial review claim.

Professor Gillian Leng CBE, who authored the Leng Review, has also received copies of the letters as a potential interested party.

What are the claims?

Among the claims made in the letter, UMAPs is alleging that the government and health service failed to properly consult medical associate professionals (MAPs) before implementing recommendations which massively impact their scope of work and pre-existing contracts. In addition, the union also accuses the government of failing to carry out a proper cost/benefit analysis of how reducing the scope of MAPs’ work would affect NHS delivery targets.

Furthermore, UMAPs charges the government and health service with ignoring the potential bias of information included in the Leng Review and making recommendations which apparently seek to address grievances of Resident Doctors, rather than the safety of MAPs.

Why is UMAPs seeking legal action?

Commenting on the proposed legal action, Stephen Nash, general secretary of UMAPs said:

“Despite admitting that there is a toxic debate around MAPs and a risk of bias in the existing research, the Leng Review found no hard evidence that physician associates are unsafe or ineffective. Nevertheless, Wes Streeting has accepted the Review’s recommendations to completely overhaul our job roles, without so much as consulting UMAPs as the recognised trade union for physician associates and anaesthesia associates. That is both unfair and completely irrational.

“We are incredibly concerned about how these changes will impact patients’ access to care, particularly during the ongoing BMA strikes. Prior to these changes, physician associates undertook approximately 20 million appointments a year. Now, every day we hear from employers who are struggling to manage patient loads because physician associates and (UMAPs) in urging the government to reconsider its decision to implement the recommendations of the Leng Review, which severely limit the roles of physician associates and anaesthesia are no longer allowed to carry out the jobs we are trained to do. Yet the Health Secretary has seemingly not carried out any assessment of how the Leng recommendations will affect NHS backlogs.

“It is hard to see Mr Streeting’s decision as anything other than an attempt to mollify the increasingly radical BMA, which has spent the last few years waging a vindictive and highly coordinated campaign against medical associates. Now he has played right into the BMA’s hand, preventing qualified medical professionals from treating patients properly so that their strikes bite even harder.”

Sneha Nainwal, dispute resolution partner, who is leading the case for UMAPs said:

“This case is not about resisting change, but about ensuring that change is lawful, evidence-based, and respectful of the professionals who have long served on the front lines of patient care. Physician associates deserve a meaningful voice in shaping their future – not to be sidelined by decisions taken without full and open engagement. The claimants are concerned that the current approach could undermine a vital part of the clinical workforce and increase pressure on NHS services, to the detriment of patients and staff alike.”

What happens next?

UMAPs is asking both the Secretary of State and NHS England to reconsider the decision to implement the recommendations of the Leng Review. If they refuse to do so, UMAPs has requested that they provide reasons for having originally accepted the Leng Review recommendations on the day of publication and reasons for refusing to reconsider by Friday 1 August.

The union is also asking Mr Streeting and NHS England to explain any contact they had with Professor Leng prior to the publication of her review, as well as any prior notice of the review’s contents. Additionally, they are requesting that both parties disclose any and all correspondence relating to the review from the date of commission.