11KBW members are instructed in the judicial review challenge to the Government’s approach to Physician Associates and Anaesthesia Associates (PAs/AAs).
At a hearing on Friday 15 August 2025, Mr Justice Dove refused to grant interim injunctions that would have prevented NHS England and the Government from proceeding with changes to PA/AA roles.
A review of their roles was commissioned by the Government following a number of high profile cases where patients, who later died, had been confused about whether they had seen a doctor or a PA. The review was undertaken by Professor Gillian Leng. Her final review was published on 16 July 2025 and recommended, amongst other things, changing the names of the roles to Physician’s Assistant and Physician’s Assistant in Anaesthesia. She also recommended that they should not treat patients who had not already seen a doctor. That same day, NHS England and the Secretary of State announced that they would be accepting Professor Leng’s recommendations.
On Monday 11 August 2025 the PAs and AAs trade union, United Medical Associates Professionals (UMAPs), issued a judicial review claim challenging NHS England and the Government’s acceptance of some of Professor Leng’s recommendations. UMAPs also issued an urgent application for interim injunctions to stop implementation of those recommendations pending the determination of their claim.
UMAPs interim application was refused after a hearing listed at short notice for Friday 15 August 2025. In an ex tempore judgment, Mr Justice Dove found that none of the 11 grounds of challenge had any real prospect of success. Even if they had, he would not have granted the injunctions sought, as this was a matter of public health, and there was a strong public interest in NHS England and SSHSC being able to react to the Leng Review and resolve any uncertainty it had created; that need outweighing any prejudice suffered by PAs and AAs.
Oliver Jackson was counsel for NHS England at the hearing, with written submissions jointly drafted with Jonathan Auburn KC (who was unable to attend the hearing). They were instructed by Virginia Cooper and Jason Tandy at Bevan Brittan LLP.
The Leng Review has been widely covered in the press, including by the BBC, the Times and the Guardian. You can read more about the interim injunction application here and here.
