Kingsley Napley challenges unfair medical rules

Kingsley Napley has filed a Judicial Review claim challenging the Medical Training (Prioritisation) Act 2026, arguing that it undermines the rights of British medical students studying at Queen Mary University Malta (QMUL Malta). The Act, which was fast-tracked through Parliament without adequate consultation, prohibits these students from accessing vital Foundation Training places necessary for their medical careers within the NHS. The claim represents a group of 284 students who have historically been treated equitably with their counterparts studying at UK medical institutions.

These students have committed to QMUL Malta, believing it would provide them equal opportunities to practice medicine in the UK. However, recent legislative changes have dramatically altered their prospects. The new rules stipulate that the allocation of Foundation Programme training places prioritises UK-trained doctors and other specific categories of medical students from countries like Ireland and Norway, while excluding QMUL Malta graduates who receive the same accredited degrees as UK-based students. This exclusion creates a situation of inequality for the QMUL Malta cohort, who now find their career paths obstructed.

Statistical evidence underscores the gravity of the situation; historically, 97% of QMUL Malta graduates successfully entered the Foundation Programme, but recent allocations reveal that less than 20% received positions, even after multiple rounds of applications. This significant drop highlights the detrimental impact of the new rules on students’ aspirations to work in the UK healthcare system.

Kingsley Napley contends that the legislation contravenes their clients’ rights under Article 14 of the European Convention on Human Rights (ECHR), when considered alongside Article 2 of Protocol 1 and Article 8. The Judicial Review was submitted on 5 June 2026 and addresses the Secretary of State for Health and Social Care, with Queen Mary University London and the UK Foundation Programme Office included as interested parties.

Natalie Cohen, a partner at Kingsley Napley, expressed concern, stating that “The Medical Training (Prioritisation) Act has a detrimental impact on the QMUL Malta students who are mid-way through their degree and whose reasonable expectation to return to the UK to commence their medical training have been dashed.” Given the swift implementation of this law, Cohen highlighted that it “was fast-tracked through Parliament with its introduction and Royal Assent being achieved in under two months,” which left students with no recourse or transitional measures to transition smoothly into NHS roles.

Parent Madhu Iyer, whose son is currently in his third year at QMUL Malta, voiced her frustrations over the government's decision-making process. She remarked, “It is absolutely wrong that the Government made this change without taking existing QMUL Malta students into account and that it is prepared to cut-off British talent in this way.” Iyer emphasised the uncertainty these students now face and asserted that “Our kids have been cut adrift during their studies and face an uncertain future having commenced their studies on assurances of parity.” As a response to this predicament, she and other concerned parents are actively lobbying MPs and pursuing legal avenues, aiming to have the government reconsider its stance on this critical issue.