NICE process and methods

11 After the appeal

11.1 What is the timescale for the appeal decision?

In both the oral and written appeal processes, the appeal panel will aim to send its decision in writing to NICE within 15 working days of the appeal but there may be circumstances in which more time is needed (such as when there are many appeal points).

The appeal decision will state whether the appeal is dismissed or upheld and explain on what grounds.

11.2 Outcome of an appeal

There are 3 possible outcomes of an appeal.

1: Appeal upheld and final draft guidance returned to the committee

If 1 or more of the appeal points are upheld the guidance executive will aim to review the appeal decision within 15 working days of receipt.

The appeal decision is then normally published on NICE's website within 10 working days of the guidance executive meeting. The appeals team send the appeal decision to stakeholders 2 working days before publication of the appeal decision.

After this, the NICE team responsible for the guidance will inform stakeholders of the next steps and details of when the final draft guidance will be reconsidered by the committee.

The final draft guidance will be returned to the relevant technology appraisal or highly specialised technologies programme and the committee will usually meet to consider the issues raised in the appeal panel's decision (or this may be done in writing). The committee will then produce revised final draft guidance.

When the revised final draft guidance is produced, it will be distributed to stakeholders. Consultees will then have a further opportunity to appeal or identify any factual errors.

As set out in section 4.5, revised guidance produced after a successful appeal may itself be the subject of an appeal. In such cases, appeal points that were rejected at the first appeal, and which relate to elements of the guidance that have not been changed, may not be raised again at the second appeal.

2: Appeal panel requests changes to final draft guidance but no further consideration by the committee is required

The appeal panel may uphold at least 1 appeal point but only request minor changes to the guidance that do not require consideration by the committee. There may also be occasions when an appeal is dismissed but the appeal panel recommends minor clarifications to the final draft guidance.

In these circumstances, the guidance executive will aim to review the appeal decision within 15 working days of receiving the appeal decision. After the guidance executive meeting, the recommended minor changes will be made to the final draft guidance. The final guidance and appeal decision are then normally published on NICE's website within 10 further working days.

Stakeholders are informed of the date of publication, and are sent the appeal panel's decision and a copy of the final guidance 2 working days beforehand.

3: Appeal dismissed, no changes required to final draft guidance

If the appeal is dismissed and the appeal panel has not requested changes to the final draft guidance, the guidance executive will aim to review the appeal decision within 10 working days of receiving the appeal decision. After the guidance executive meeting, the final guidance and appeal decision are normally published on NICE's website within 10 further working days. Stakeholders are informed of the date of publication and are sent the appeal panel's decision and a copy of the final guidance 2 working days before publication.

11.3 What happens after the appeal decision is published?

There is no possibility of further appeal against the appeal panel's decision. However, the panel's decision and any decision by NICE to issue the final guidance may be challenged by applying to the High Court for permission to apply for a judicial review. Any application against the final guidance must be made promptly and within 3 months of NICE publishing the final guidance. Any application against the appeal decision must be made promptly and within 3 months of publication of the appeal decision.