The BMA is taking legal action against key decision-makers involved in preventing job progression for doctors affected by a catastrophic 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Doctors who were told they had passed when they had failed have had their applications unilaterally withdrawn, without their consent, from the current round of Higher Specialty Training recruitment – even though their capabilities have been assessed formally in the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, states this decision has caused significant financial loss and is preventing doctors from progressing in their careers.

The BMA says that if this isn’t 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. That such experienced doctors are being forced to put their careers on hold because of a 2023 written exam error is ridiculous, given that they have passed the more onerous clinical examination and been assessed as working safely and competently since.

“These doctors have made significant contributions to the NHS and will have spent months getting ready to send in their applications for higher specialty training to develop their careers. To now have had their applications erased unilaterally, just weeks before the deadline, is utterly devastating and makes no sense.

“This decision has further compounded the distress caused by the exam error and will cause serious financial uncertainty and lasting career damage to doctors.

“Once again, doctors have been let down by those they should be able to trust. Opaque decision-making by people who wield a ridiculous amount of power over the lives of resident doctors illustrates again the whole confused pantheon of organisations that seem content to wreck the lives of doctors currently trying to undertake their postgraduate medical training in the UK.

“Time is of the essence here – the deadline for these applications closes on the 15th April and interviews are taking place now. On behalf of all doctors affected, we urge those responsible to immediately reverse this decision and reinstate their applications.”

Notes to editors

The BMA is a professional association and trade union representing and negotiating on behalf of all doctors in the UK. A leading voice advocating for outstanding health care and a healthy population. An association providing members with excellent individual services and support throughout their lives.

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