Pharmacy application refused? Here’s how to appeal

Appeals to NHS Resolution's Primary Care Appeals service must typically be lodged within 30 days of the ICB's decision. This deadline is strict. If you have received a refusal decision, contact TI Pharmacy Consultancy immediately so we can assess your appeal grounds and prepare the submission within the required timeframe.

Analysis of NHS Resolution decisions between October 2021 and September 2024 shows that approximately 40% of pharmacy appeals succeed — meaning the appeal panel overturned or varied the ICB's original decision. Success depends heavily on the strength of the original application, the grounds of refusal and the quality of the appeal submission.

Appeals are considered by NHS Resolution's Primary Care Appeals service (PCAS), which is independent of the ICB that made the original decision. PCAS conducts a fresh consideration of the application. Depending on the case, this may be decided on the papers or may proceed to an oral hearing before an appeal panel.

Yes — but only if they made timely and correctly formatted representations at the ICB stage. An existing contractor who did not participate in the representation period generally cannot appeal. This is why it is critical to engage at the earliest stage when a competitor application is notified.

NHS Resolution's decision is binding on both parties. If the appeal is upheld, the application is granted or the original refusal is overturned. If dismissed, the original decision stands. In limited circumstances, judicial review of an NHS Resolution decision may be available — this is a specialist legal process and should be discussed with a lawyer.