One Minute Brief of the Day:
Campaign to support the #JustHealth Campaign
Today we've got the opportunity to make a difference on a potentially huge day for the NHS. Since OMB helped the NHS get to Xmas No.1, the fight to save the NHS hasn't stopped and tomorrow junior doctors and their supporters will rally outside the High Courts at 8am on the first day of the hearing with a visual demonstration of how the government are playing games with the NHS and trying to get something for nothing.
So it would be great if OMB could help raise awareness with a visual demonstration of our own via social media. Although, we don't necessarily want to attack government individuals or parties but we want to question actions/words/policies that affect the future of the NHS. The brief is upto you to interpret however you wish. Overall we want to help protect and champion the NHS.
Brief:
We're looking for notes, scribbles, scripts, posters, GIFs... ANYTHING to support the #JustHealth campaign
Tweet to @Justice4Health_ & @LoveYourNHS & @OneMinuteBriefs with the hashtag #JustHealth
Prizes:
- Copy of the OMB Book or Free #OMBLive3 Ticket
(if you've got both we'll sort you a couple of free drinks at the event ;) !!)
- Opportunity to turn your idea into a bigger campaign or film.
Background - http://www.justiceforhealth.co.uk/
Mr Hunt first threatened to impose a contract on NHS doctors a year ago, in his King's Fund Speech he stated: "There will now be six weeks to work with BMA union negotiators before a September decision point. But be in no doubt: if we can’t negotiate, we are ready to impose a new contract."(1)
Following further failed negotiations, Mr Hunt announced his decision to unilaterally impose a contract in February 2016 where he said in Parliament: "Along with other senior NHS leaders and supported by NHS Employers, NHS England, NHS Improvement, the NHS Confederation and NHS Providers, [chief negotiator Sir David Dalton] has asked me to end the uncertainty for the service by proceeding with the introduction of a new contract that he and his colleagues consider safer for patients and fair and reasonable for junior doctors. I have therefore today decided to do that.”(2)
Since Justice for Health began this challenge in February, there have been changes and progress in the contract crisis, following the first full walk out strikes in British history and further negotiations between the BMA and government. However, Junior doctors rejected the latest contract offer put to a referendum by the BMA in June. Mr Hunt once again took the decision to unilaterally 'introduce' the rejected contract, leaving junior doctors silenced and their concerns ignored.
(1) https://www.gov.uk/government/speeches/making-healthcare-more-human-centred-and-not-system-centred
(2) http://www.publications.parliament.uk/pa/cm201516/cmhansrd/cm160211/debtext/160211-0002.htm#16021153000002
Mr Hunt first threatened to impose a contract on NHS doctors a year ago, in his King's Fund Speech he stated: "There will now be six weeks to work with BMA union negotiators before a September decision point. But be in no doubt: if we can’t negotiate, we are ready to impose a new contract."(1)
Following further failed negotiations, Mr Hunt announced his decision to unilaterally impose a contract in February 2016 where he said in Parliament: "Along with other senior NHS leaders and supported by NHS Employers, NHS England, NHS Improvement, the NHS Confederation and NHS Providers, [chief negotiator Sir David Dalton] has asked me to end the uncertainty for the service by proceeding with the introduction of a new contract that he and his colleagues consider safer for patients and fair and reasonable for junior doctors. I have therefore today decided to do that.”(2)
Since Justice for Health began this challenge in February, there have been changes and progress in the contract crisis, following the first full walk out strikes in British history and further negotiations between the BMA and government. However, Junior doctors rejected the latest contract offer put to a referendum by the BMA in June. Mr Hunt once again took the decision to unilaterally 'introduce' the rejected contract, leaving junior doctors silenced and their concerns ignored.
(1) https://www.gov.uk/government/speeches/making-healthcare-more-human-centred-and-not-system-centred
(2) http://www.publications.parliament.uk/pa/cm201516/cmhansrd/cm160211/debtext/160211-0002.htm#16021153000002
See below for info about the campaign along with some images of placards for inspiration.
We look forward to seeing the power of the OMBLES and what they can do to help us in our campaign.
About:
-
Justice for Health was founded in March 2015 by five frontline junior doctors to mount a legal challenge against the imposition of an unsafe and unsustainable contract on Junior Doctors by the Rt Hon Jeremy Hunt, the Secretary of State for Health (SOS).
- A record breaking £300,000 was raised by over 10,000 donations through the online crowd-funding platform CrowdJustice.
- The SOS intends to impose the disputed contract on all junior doctors in England from October 5th 2016. NHS frontline staff and academics have rejected this contract as it is considered unsafe, unsustainable and undeliverable.
- The SOS’s insistence on imposition has led to the doctors’ union calling to drop imposition in order to prevent any further industrial action.
- Justice for Health’s skeleton argument will be available on their website on the first hearing day. Their team of lawyers will put three public law arguments to the judge that the SoS has:
• acted outside of his powers
• failed in his duty of clarity to parliament and the public
• been irrational in decision-making
Abuse of power
“We argue that the SOS does not have the legal power to impose a contract on training doctors and has been acting beyond their legal power in taking this decision. The SOS only has the power to agree a contract with the BMA.” Dr Ben White
Lack of clarity
“Throughout this dispute, the SOS has represented himself as the decision maker and that he will impose a contract on doctors. This contradicts his lawyers’ position that he is merely introducing the contract. They recognise that he does not have the legal power to impose. We argue that through his lack of clarity, Mr. Hunt has repeatedly misled parliament, the public and the NHS bodies that are currently implementing the contract under his instruction. This is clearly a breach of his ministerial duty of candour.” Dr Nadia Masood
Irrationality
“All NHS staff want to improve the care the Health Service provides every day of the week. This must be planned and evidenced.
In 2015, Jeremy Hunt misrepresented data to claim that there are 11,000 excess deaths because there aren’t enough doctors at the weekend; his justification for imposing the junior doctors’ contract. Mr. Hunt claims junior doctors are a barrier to deliver a ‘Truly 7 Day NHS’ but we already provide 7-day emergency cover. We are struggling with understaffing on a daily basis, if additional services are required, this cannot be done without more staff and funding.” Dr Francesca Silman
"Jeremy Hunt and others have made a very strong case for seven-day services, but it seems to us it's impossible on the current level of staff and the current money we have available.
The Government’s ‘seven day NHS’ plan at present is fundamentally flawed
• It lacks a definition and a resourced plan
• ‘Weekend effect’ is undefined and the data is academically disputed
• There is no evidence that changing junior doctor weekday staffing levels will improve care across the week
• It is not matched by increased staffing or funding
• The Department of Health’s own risk assessment confirms major safety concerns surrounding implementation
On this basis, it is irrational to impose this contract.
-
Justice for Health was founded in March 2015 by five frontline junior doctors to mount a legal challenge against the imposition of an unsafe and unsustainable contract on Junior Doctors by the Rt Hon Jeremy Hunt, the Secretary of State for Health (SOS).- A record breaking £300,000 was raised by over 10,000 donations through the online crowd-funding platform CrowdJustice.
- The SOS intends to impose the disputed contract on all junior doctors in England from October 5th 2016. NHS frontline staff and academics have rejected this contract as it is considered unsafe, unsustainable and undeliverable.
- The SOS’s insistence on imposition has led to the doctors’ union calling to drop imposition in order to prevent any further industrial action.
- Justice for Health’s skeleton argument will be available on their website on the first hearing day. Their team of lawyers will put three public law arguments to the judge that the SoS has:
• acted outside of his powers
• failed in his duty of clarity to parliament and the public
• been irrational in decision-making
Abuse of power
“We argue that the SOS does not have the legal power to impose a contract on training doctors and has been acting beyond their legal power in taking this decision. The SOS only has the power to agree a contract with the BMA.” Dr Ben White
Lack of clarity
“Throughout this dispute, the SOS has represented himself as the decision maker and that he will impose a contract on doctors. This contradicts his lawyers’ position that he is merely introducing the contract. They recognise that he does not have the legal power to impose. We argue that through his lack of clarity, Mr. Hunt has repeatedly misled parliament, the public and the NHS bodies that are currently implementing the contract under his instruction. This is clearly a breach of his ministerial duty of candour.” Dr Nadia Masood
Irrationality
“All NHS staff want to improve the care the Health Service provides every day of the week. This must be planned and evidenced.
In 2015, Jeremy Hunt misrepresented data to claim that there are 11,000 excess deaths because there aren’t enough doctors at the weekend; his justification for imposing the junior doctors’ contract. Mr. Hunt claims junior doctors are a barrier to deliver a ‘Truly 7 Day NHS’ but we already provide 7-day emergency cover. We are struggling with understaffing on a daily basis, if additional services are required, this cannot be done without more staff and funding.” Dr Francesca Silman
"Jeremy Hunt and others have made a very strong case for seven-day services, but it seems to us it's impossible on the current level of staff and the current money we have available.
The Government’s ‘seven day NHS’ plan at present is fundamentally flawed
• It lacks a definition and a resourced plan
• ‘Weekend effect’ is undefined and the data is academically disputed
• There is no evidence that changing junior doctor weekday staffing levels will improve care across the week
• It is not matched by increased staffing or funding
• The Department of Health’s own risk assessment confirms major safety concerns surrounding implementation
On this basis, it is irrational to impose this contract.
Mr. Justice Green presides over the hearing at the Royal Courts of Justice on 19th and 20th September 2016. The final judgement will be announced before the end of the month.
