Pharmacy application refused — what are your options?

Act immediately. The deadline to appeal a pharmacy application refusal to NHS Resolution is typically 30 days from the date of the ICB’s decision. Do not wait. Contact TI Pharmacy Consultancy as soon as you receive a refusal. Call 07803 035 034.

In summary: If your NHS pharmacy application has been refused by an integrated care board, you have three main options: appeal to NHS Resolution’s Primary Care Appeals service within 30 days; accept the decision and consider whether a future application is viable; or consider alternative routes to market entry. Analysis shows that approximately 40% of pharmacy appeals succeed — a refusal is not necessarily the end of the road.

Option 1 — Appeal to NHS Resolution

An appeal to NHS Resolution’s Primary Care Appeals service (PCAS) is the primary route for challenging a refused pharmacy application. PCAS conducts a fresh, independent consideration of the application — it is not limited to reviewing whether the ICB made a procedural error. The appeal panel considers all the evidence and reaches its own determination.

Appeals must typically be lodged within 30 days of the ICB’s written decision. Once lodged, PCAS circulates the appeal to interested parties — including those who made representations against the original application — who have the opportunity to respond. PCAS then either decides the appeal on the papers or convenes an oral hearing.

TI Pharmacy Consultancy prepares pharmacy appeals and manages the full process on your behalf. Read more about our appeal support service.

Option 2 — Accept the decision and plan a future application

If the reasons for refusal clearly indicate that the application was unlikely to succeed — for example, because there is strong existing provision in the area and the PNA identifies no gap — it may be more cost-effective to accept the decision and wait for circumstances to change before reapplying.

Circumstances that might improve the prospects of a future application include a PNA update that identifies new needs, the closure of a nearby pharmacy, significant new housing development, or a change in the local population’s pharmaceutical needs. TI Pharmacy Consultancy advises on whether and when a future application is worth pursuing.

Option 3 — Consider alternative routes

In some cases, a refused application may indicate that the proposed site is not viable for a standard new contract but that an alternative approach is available — for example, a distance selling premises application (for eligible operators), a different site in the same area, or the acquisition of an existing pharmacy contract through a change of ownership. TI Pharmacy Consultancy advises on alternative routes where a direct new contract application has been refused.

Understanding the reasons for refusal

The ICB is required to give reasons for its decision. Reading and understanding those reasons is the essential first step after a refusal. The reasons will indicate whether the ICB considered that the market entry ground was not made out, whether the evidence was insufficient, whether representations from neighbouring pharmacies were persuasive, or whether there were fitness concerns.

The reasons for refusal also determine the strength of any appeal. An appeal that addresses the ICB’s specific reasons and presents additional or better-presented evidence in response is more likely to succeed than one that simply repeats the original application.

What about Wales?

The appeals process for refused applications in Wales differs from England. Appeals in Wales do not go to NHS Resolution — they follow a different route under the NHS (Pharmaceutical Services) (Wales) Regulations 2020. TI Pharmacy Consultancy advises on Welsh appeal rights and timescales. Read more about our Wales services.