In early March during the onset of the first wave of coronavirus, an Indian-origin doctor couple sounded alarm around the inadequate provision of Personal and Protective Equipment (PPE) to frontline medics at the NHS.
Dr Nishant Joshi and his six months’ pregnant wife Dr. Meenal Viz were at the frontlines treating Covid-19 patients and raised their around PPE shortages. At one point, Amnesty International noted that the UK had one of the worst rates of healthcare worker mortality in the world. Thus, with support from both the BMA and BAPIO, Dr Joshi and Dr Viz pressed ahead with a judicial review with the assistance of Bindmans LLP. Following the review, the government has adopted significant changes into its policies around the provision of PPE and has re-instated committees and advisory groups that can provide better guidance to the NHS England.
Commenting on their victory Dr Joshi and Dr Viz in a joint statement, said, "Our judicial review shows that healthcare workers have a voice. Doctors, nurses and carers have been the backbone of our pandemic response - we deserve to know that we are safe when we are going into work, and our families deserve to be safe when we come back home. We have lost far too many of our colleagues, and we continue to seek accountability for this national tragedy.
"Once a detailed enquiry is completed it is likely that the PPE omnishambles will be remembered as a national scandal. It is shocking that as frontline doctors expecting our first baby during a pandemic, when we raised our concerns with the Department of Health and Social Care (DHSC), there was no attempt by the Health Secretary to engage with us. Instead, we were threatened by legal action and costs, hoping that we would go away. We offered constructive solutions to the government as far back as April.
“Regrettably, we must note that the DHSC legal department sought to discredit our right to raise a judicial review, and it is our opinion that they were notably hostile in trying to prevent both BAPIO and the BMA from joining as interested parties in our judicial review. Both the BMA and BAPIO were incredibly supportive and we are most grateful for their assistance in helping to protect healthcare workers. Surely Matt Hancock and his department should be trying to engage with both frontline doctors and our representative organisations?”
The Government made the following changes/concessions in respect of PPE during the course of this litigation:
1. The revoking of a controversial 'Acute Shortages Guidance' that encouraged the reuse of PPE such as surgical face masks, even in high-risk areas. Evidence was presented to show that this policy was putting healthcare workers at risk of being infected with coronavirus, including multiple examples of expired PPE being handed out to frontline workers.
2. Through representations from both the BMA and BAPIO, the NHS BAME Clinical Advisory Group, chaired by the Chief People Officer of NHSEI, was formed to provide a forum for discussion and advice to NHS England.
3. An AGP committee was constituted to assess evidence of AGP and risk associated with it, first met on 27th July.
Commenting on the success of the campaign, Dr Ramesh Mehta, President of BAPIO said, “When we became aware of the bold decision by Dr Joshi and Dr Viz we lent our full support to the case and instructed Sarah Dodds of Medical Defence Shield and Barristers Nadia Mortaghi and Alex Shellum of Old Square Chambers to draw up grounds of support. My witness statement with detailed addendums were filed in the High Court along with the grounds.”
Meanwhile Dr Chaand Nagpaul, Chair of BMA council said, "What Dr Joshi and Dr Viz have achieved is a really important win and will help establish clear obligations on government and the NHS to protect healthcare workers, including preventing the unacceptable re-use of PPE and the use of out-of-date PPE. The impact of this success will be felt throughout the remainder of this pandemic and in future and we are proud to have been able to offer the support of the BMA.”
