NICE process and methods

2 Who can lodge an appeal and on what grounds?

2 Who can lodge an appeal and on what grounds?

Only consultees involved in a technology appraisal or a highly specialised technologies evaluation can lodge an appeal. Consultee organisations include:

  • the company that holds, or is expected to hold, the regulatory approval for the technology being evaluated

  • national groups representing patients and carers

  • bodies representing healthcare professionals

  • clinical, patient and NHS commissioning experts

  • the¬†Department of Health and Social Care

  • the Welsh Government

  • NHS England as the commissioner for specialised services (for relevant evaluations)

  • integrated care boards.

The ability to become a consultee ends when the final draft guidance is issued to the stakeholders, whether this is after consultation or without consultation. A consultee is referred to as an appellant once an appeal has been lodged. Stakeholders taking part in the evaluation but that are not consultees, including organisations designated as commentators, are unable to lodge an appeal.

Appeals can only proceed if they fall within one or more of the following grounds. Either or both parts of ground 1 can be appealed. Appeals on any other grounds will not be considered.

  • Ground 1: In making the assessment that preceded the recommendation, NICE has:

    • a) failed to act fairly or

    • b) exceeded its powers

  • Ground 2: The recommendation is unreasonable in the light of the evidence submitted to NICE.

See section 4.3 for more information.