An appeal can be lodged by any of the appraisal consultees and can be considered at an oral hearing or by written submission.
Consultees have 15 working days from the day the final draft guidance is issued to consultees and commentators in which to make an appeal. Appeals must be submitted in writing and must fall within one or more of the two grounds of appeal. Lodged appeals are initially considered by the Vice Chair of NICE.
The grounds of appeal are:
Ground one: In making the assessment that preceded the recommendation, NICE has:
a) failed to act fairly
b) exceeded its powers
Ground two: The recommendation is unreasonable in the light of the evidence submitted to NICE.
The Appeal panel is drawn from a group of individuals approved by the Secretary of State for Health. Each Appeal panel consists of five members. The Appeal panel is chaired by an external member who is engaged in the provision of healthcare in the NHS or someone who has experience in representing patients or carers or who is a patient or carer (patient representative). In addition to the Appeal Panel Chair, one non-executive director of NICE, one NHS representative, one representative of the life sciences industry, and one patient representative will join the Appeal Panel.
Assuming that the appeal is valid the Appeal panel will aim to hold the appeal hearing within 8 weeks of the end of the appeal period for oral hearings and 10 weeks for written submissions.
Guide to the Technology appraisal and Highly specialised technologies appeal process
This document concerns the appeal process for the technology appraisal and highly specialised technologies programmes and provides an overview for the organisations wishing to lodge an appeal. It replaces the ‘Guide to the technology appraisal appeal process' published in August 2010.View the guide