What this means
Start with the exact decision in front of you.
The First-tier Tribunal can hear appeals against specified NHS Performers List decisions. The decision letter, regulations, appeal form and time limit should be checked immediately, while operative conditions may continue.
Immediate priorities
Organise the position before responding.
Preserve the decision, reasons and proof of receipt
File the correct appeal form with the decision letter
Build grounds and evidence around the Tribunal's jurisdiction
Detailed guidance
The procedure, evidence and possible route from here.
01
Confirm that the decision is appealable and in time
The First-tier Tribunal Primary Health Lists hears specified appeals, including refusal to include, removal and decisions to maintain, vary or add conditions. Start with the NHS England decision letter and regulation. HMCTS guidance says appeals normally must be made within 28 days of receiving the decision, subject to the applicable rule and any different provision. Record receipt and calculate the deadline immediately.
Use the current T170 route or form directed by HMCTS and include the decision letter. If filing late, the Tribunal decides whether to extend time and will require a detailed explanation. Do not assume ongoing discussion with NHS England stops the clock. Preserve proof of filing and service on the respondent. A timely, jurisdictionally correct appeal is more important than waiting for a perfect bundle that arrives after the deadline.
- Identify the appealable decision and regulation
- Calculate time from documented receipt
- File through the current HMCTS route with proof
02
Build the case for the decision the Tribunal should make
The Tribunal is independent and can make a decision available to NHS England under the applicable scheme. Set out the order sought, disputed facts, statutory criteria and evidence supporting a different result. The appeal may include updated material, so explain what is new and why it changes suitability, efficiency or risk. Avoid treating the case as a narrow complaint about the wording of NHS England's reasons if the Tribunal must decide the substantive list position.
Organise clinical, regulatory and witness evidence by issue. Expert opinion should state its instructions and basis. References should show knowledge of the concern. If conditions are proposed, provide precise terms and confirmed operational support. The Tribunal commonly uses telephone case management to set evidence, witness and hearing directions. Comply promptly and use applications for extra time, amendment or adjournment through the proper form and notice procedure.
- State the substitute decision requested
- Explain the relevance of updated evidence
- Follow every case-management direction
03
Manage conditions, privacy and the result
An appeal does not necessarily remove operative conditions or restore a removed performer while pending. The decision letter, regulations and any Tribunal order control. Maintain compliance and communicate current status accurately. If evidence includes patient records or sensitive health information, seek proportionate redaction, restricted reporting or other directions. HMCTS guidance permits requests designed to protect people from identification or serious harm while preserving fair determination.
After judgment, read the operative order rather than relying on whether the appeal is described as allowed or dismissed. NHS England must implement the list decision and notifications that follow. If the Tribunal made a procedural mistake, set-aside rules may apply; if the alleged error is one of law, permission may be needed for an Upper Tribunal appeal. Each route has its own deadline and should be assessed from the formal decision.
- Verify the interim list position during appeal
- Seek focused privacy directions where needed
- Implement or challenge the formal Tribunal order
Key questions
Keep the analysis tied to this stage.
Whether the appeal is in time and within jurisdiction
What decision the Tribunal should substitute
Whether further challenge is available for a legal error
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
How long do I have to appeal a performers-list decision?
HMCTS guidance says normally 28 days from receiving the NHS decision, but the controlling regulation and individual notice should be checked immediately.
Can the First-tier Tribunal consider new evidence?
The NHS England policy recognises that the Tribunal may receive information different from that available to the PLDP. The evidence must still be relevant, properly served and compliant with Tribunal directions.
Connected guidance
Continue through the topic map.
Use the hub for the full sequence or choose the connected route that matches the notice.
Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.