NICE process and methods

3 Who considers the appeal?

3.1 The lead non-executive director for appeals

NICE's chairman will appoint one of NICE's non-executive directors to oversee the appeals process. This non-executive director is responsible for determining the initial validity of each of the appeal points lodged and will decide if an appeal (oral or written) will be held. This is known as the scrutiny process and is outlined further in section 5.

In the temporary absence of the appointed non-executive director, or when they have a conflict of interest with the topic, NICE's chairman will either do the scrutiny process themselves or nominate an alternative non-executive director.

3.2 The appeal panel

Appeals accepted during the scrutiny process are heard by an appeal panel. The appeal panel is drawn from a group of individuals appointed through an open recruitment process and approved by the Secretary of State for Health and Social Care.

Before being appointed, appeal panel members must declare conflicts of interest in accordance with NICE's policy on declaring and managing interests for advisory committees. NICE will ensure that no member of an appeal panel has any interest that may affect the independence of their decision. The appeal panel acts impartially and independently of any party involved with the technology appraisal or highly specialised technologies evaluation, including the committee. None of the panel will have been involved in developing the guidance that is being appealed.

Each appeal panel consists of 5 members, 4 of whom are independent of NICE:

  • appeal panel chair, who is:

    • engaged in the provision of healthcare in the health services (health service representative) or

    • a patient, carer or member of organisation that represents patients or carers (lay representative)

  • 1 non-executive director of NICE (who was not involved in the scrutiny process)

  • 1 health service representative

  • 1 representative of the life sciences industry

  • 1 lay representative.