Two claimants* represented by Kingsley Napley have filed a Judicial Review claim challenging the compatibility of the Medical Training (Prioritisation) Act 2026 with the ECHR rights of students at Queen Mary University Malta (QMUL Malta).
The Act – passed as fast-track legislation with no proper consultation – effectively denies British students studying medicine at the overseas campuses of British universities access to a Foundation Training place in order to progress a career with the NHS.
The claim is brought by two representative claimants on behalf of 284 current medical students at QMUL Malta. This is a cohort of students who have historically been treated identically to those studying at UK medical schools. They study the same curriculum and are awarded the same GMC-accredited degree. Despite the option of joining medical schools in the UK, the students joined QMUL Malta for various reasons – but on the fundamental premise that it would put them on an equal footing with those graduating from medical schools in the UK. The rug has now been pulled from under their feet.
The new legislation which came into force on 5 March 2026 effectively excludes them from NHS training since it requires that the allocation process for the Foundation Programme must prioritise UK-trained doctors and other priority categories. The priority categories include students in Ireland, Iceland, Liechtenstein, Norway and Switzerland, but inexplicably not QMUL Malta students who receive the same degree as graduates in the UK.
Historically, 97% of QMUL Malta graduates have entered the Foundation Programme and have a strong track record, In the current round of allocations for the Foundation Programme, less than 20% have been offered positions even after second round allocations as they are treated as being at the back of the queue. The new rules effectively mean their expectations of commencing a medical career in the UK have been ruined.
Kingsley Napley is arguing that Section 1 of the Medical Training (Prioritisation) Act 2026, read with Section 4, is incompatible with their clients’ human rights under Article 14 of the ECHR (read with Article 2 Protocol 1 and with Article 8) and also contravenes Article 8 of the ECHR read on its own. The Judicial Review claim, filed on 5 June 2026, was addressed to the Secretary of State for Health and Social Care, noting Queen Mary University London and the UK Foundation Programme Office as interested parties.
Kingsley Napley partner Natalie Cohen comments:
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. They could not have foreseen this change given this legislation was fast tracked through Parliament with its introduction and Royal Assent being achieved in under two months. In the absence of any proposed solution by the government or transitional arrangements for the QMUL Malta students, this claim has been issued seeking to protect their ECHR rights.”
Parent Madhu Iyer, whose year 3 student son had been hoping to pursue a career in the NHS in Radiology, adds:
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. Our kids have been cut adrift during their studies and face an uncertain future having commenced their studies on assurances of parity. This is wrong on so many levels, hence we are lobbying MPs and pursuing this action through the Courts to force the Government to reconsider.”
Notes
- *The two Claimants in the case are the subject of anonymity applications.
- Foundation Training is essential to become a medical practitioner in the UK. After completing a five-year medicine degree, graduates are required to do a two-year Foundation Programme training scheme before speciality or general practice training to become a doctor in the UK. The UK Foundation Programme Office (UKFPO) which allocates places for this training is a public body funded and governed by NHS England and has also been named as an interested party in this case.
Kingsley Napley has instructed Leon Glenister KC of Landmark Chambers on this claim.
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