How to appeal if you're left off a list of NHS providers, such as the medical, dental or opthalmic performers lists, or pharmaceutical list.
What you can appeal against
You can appeal to the First-tier Tribunal (Primary Health Lists) if the NHS Commissioning Board:
- refuses to add you to a performers’ list
- removes you from the list
- keeps, changes or adds to the conditions of including you on the list
The tribunal is independent of the government, and will listen to both sides before reaching its decision.
Time limit for appealing
You normally have to appeal within 28 days of receiving the listing decision.
This is 30 days for some pharmaceutical appeals.
If you miss the time limit you can ask for more time to appeal, but you’ll have to explain in detail why you’re late. The tribunal will decide if it can go ahead with your case.
How to appeal
Send the completed form to email@example.com or:
First-tier Tribunal (Primary Health Lists)
HM Courts and Tribunals Service
Darlington Magistrates' Court
Telephone: 01325 289 350
Fax: 01264 785 013
The tribunal can help you complete the form, but cannot give you legal advice.
You may be able to get advice from your professional association or through your insurer.
How your case will be decided
The tribunal will arrange a conference call with you, the judge and the clinical commissioning group. This is to discuss what steps you need to take before the hearing, and is called a telephone case management hearing.
During the call, you’ll usually decide when to:
- exchange documents and witness statements
- put together the papers for the hearing (the ‘bundle’)
Find out more about witness statements and bundles.
The judge will also arrange a date and time for the hearing. The details will also be added to the list of hearings.
The hearing can be held in a court or tribunal building in your local area.
Your case will be decided by a panel including:
- a judge
- a specialist with professional experience - eg a GP, dentist or ophthalmologist
- a layperson with relevant health experience
The hearing will also be attended by:
- a clerk or usher
- a lawyer acting for the NHS
- your lawyer or other representative (if you have one)
The hearing will be normally be open to members of the public.
You will be given a chance to:
- present your case to the tribunal
- call witnesses to give evidence
- highlight any important points at the end
The tribunal will send you a copy of its decision within 10 days of the hearing.
If the tribunal made a mistake
You can challenge the decision if there was a mistake in the way the case was handled (eg you weren’t sent important documents).
To do this, fill in the application to set aside a decision form.
You must apply within 28 days of receiving the decision.
Appeal against the decision
If you think the tribunal made a mistake in the way it interpreted or applied the law, you can ask for permission to appeal.
Get legal advice from a solicitor if you need help.
Find out more about appealing to the Upper Tribunal.
You can search the decisions database to find out how the tribunal decided on previous cases.
Rules and legislation
Read detailed rules on how your appeal will be handled in the Health, Education and Social Care Chamber procedure rules.
You can find the right to appeal to the tribunal in: