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Consultees have 15 working days to make an appeal, starting from the day the final draft guidance is issued to consultees and commentators. Appeals must be submitted in writing and must fall within one or more of the two grounds of appeal.
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 Vice Chair of NICE reviews lodged appeals and considers whether they fall within the grounds for appeal. If they do, and are ‘arguable’, the Vice Chair will decide if an oral or written appeal hearing will be held. We aim to hold hearings within 8 weeks of the end of the appeal period for oral hearing and 10 weeks for written submissions.
Following this scrutiny process, we convene a panel to hear the appeal. The panel is drawn from a group of people approved by the Secretary of State for Health and Social Care to hear appeals. Each appeal panel consists of five members, four of whom are independent of NICE.
An external member will chair the appeal panel. This chair will be either:
- Engaged in the provision of healthcare in the NHS.
- Someone with experience in representing patients or carers.
- A patient or carer (patient representative).
The panel will include:
- an NHS representative
- a representative of the life sciences industry
- a patient representative
- a non-executive director of NICE.
This process sets out further information on how the appeals process is conducted. It explains how to lodge an appeal and the types of issues that may fall within the grounds for appeal, such as what could be unreasonable or unfair. You should read this before submitting an appeal.