BMA begins legal action over ‘scandalous’ Federation of Royal Colleges of Physicians exam debacle

The Federation of the Royal College of Physicians had communicated incorrect MRCP(UK) Part Two exam results to a group of candidates who took the exam in 2023.

In February, the Federation of the Royal Colleges of Physicians of the UK announced that it had identified that, “due to a data processing issue”, incorrect examination results were communicated to a group of candidates in the UK and internationally who took the Part 2 Written examination in September 2023.

Out of 1451 candidates in the MRCP(UK) Part 2 Written Examination on the 6 September 2023 (Diet 2023/3), 283 were given the wrong result – 61 candidates who were told they had failed have passed and 222 candidates who were told they had passed have failed.

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.

Dr Mike Jones, Executive Medical Director of the Federation said:

On behalf of the Federation of the Royal Colleges of Physicians of the UK, we deeply and unreservedly apologise for this situation. We appreciate how distressing the candidates affected will find this, and for some it will create an additional burden to the hard and vital work they do.

 It continued by saying that:

“Regrettably, although the problem was not their fault, candidates who we now know did not pass, must re-sit and pass the exam in order to be awarded the MRCP(UK) Diploma and to progress in their training.”

The BMA has now confirmed that it has begun legal action over the “consequences of the scandalous exam debacle”. In a statement, the BMA said:

“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.”

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Doctors who were told they had passed when they had failed have had their applications unilaterally withdrawn, without their consent, from the current round of Higher Specialty Training recruitment – even though their capabilities have been assessed formally in the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.”

GMC Statement

 In a open letter, the GMC wrote to the Academy of Medical Royal Colleges, saying:

“The mistake has been devastating for the doctors impacted and all of those affected must have the tailored support they need.”

In the letter, the GMC set out the actions it now expects the Federation to take. It also asked the Academy how it intends to work with all medical royal colleges and faculties to make sure an error like this doesn’t happen again.

We also set out our role in setting the standards for the design and development of postgraduate curricula and assessment. And we explain how they help us to make sure that doctors have the appropriate skills and training to deliver high-quality care.

We now need assurance from the Academy, the Federation and from the wider college community. Action must be taken by those accountable to make sure candidates are not put in this position again.

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