Form T170 UK: NHS Appeal Application Guide
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If you are a GP, dentist, pharmacist or optometrist and the NHS Commissioning Board has made a decision you disagree with, Form T170 is the route for taking that dispute to the First-tier Tribunal (Primary Health Lists). It is the formal application that gets your appeal registered and moving.
The form is not short, and the tribunal will read it carefully, so rushed or incomplete answers rarely help your cause. In this guide I'll walk you through what Form T170 covers, who can use it, and how each section fits together.
I'll also flag the points where people most often trip up, including time limits and the reasons you give for appealing. If you have a specific question about your situation, a phone call with an experienced legal adviser can often save hours of second-guessing.
What this document is
Form T170 is the appeal application used to challenge certain decisions made by NHS England (which took on the functions of the former NHS Commissioning Board) about inclusion on the primary care performers lists. These lists cover medical, dental, pharmaceutical and ophthalmic practitioners who want to provide NHS services.
The form is used where a practitioner's application for inclusion has been refused, where inclusion has been granted only on conditions, where they have been removed from a list, or where existing conditions have been varied. It also covers appeals connected to national disqualification and to extensions of suspension periods.
Once completed, the form is sent to the Primary Health Lists office in Darlington, which administers this part of the First-tier Tribunal. The tribunal is independent of NHS England, and its role is to look at the decision afresh on the evidence put before it.
Form T170 is essentially how you open that door and set out, in your own words, why the original decision should be reconsidered.
How to use this document
- Check you have grounds and you are in time. Before touching the form, confirm the decision falls within the tribunal's jurisdiction and that you are within the relevant time limit for lodging an appeal. Late applications can be refused outright, so diary the deadline as soon as you receive the NHS England decision letter and work backwards from there. 2. Complete Sections A to C with your contact details. Section A captures the appellant's personal and professional details, including registration number. Section B is for your representative, if you are using one, whether that is a solicitor, union representative or other adviser. Section C records the respondent, which will be NHS England or the relevant commissioning body that made the decision. 3. Identify the decision and confirm timing in Sections D and E. Section D asks you to tick which category of appeal applies, for example refusal, conditional inclusion, removal, variation, national disqualification or extension of suspension. Section E asks you to confirm the appeal is within the prescribed time window. If it is not, you will need to explain why and request permission to proceed. 4. Set out what you want and how you want it heard. Section F is for the outcome you are asking the tribunal to reach, for example overturning the decision or removing certain conditions. Section G asks whether you want a paper determination or an oral hearing. Oral hearings let you give evidence and answer questions in person, which many appellants prefer for serious matters like removal or disqualification. 5. Explain your reasons, sign and submit. Section I is the heart of the form: your reasons why the decision is wrong, supported by the facts and any evidence you intend to rely on. Section H covers interpreter needs, Section J is for anything else relevant, and Section K is where you sign and date. Send the completed form to the Primary Health Lists office using the contact route shown on the form.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q Who can use Form T170?
The form is for healthcare professionals challenging decisions made by NHS England about their inclusion on a primary care performers list. That includes doctors, dentists, pharmacists and optometrists who have been refused inclusion, placed under conditions, removed, or whose conditions have been varied. It is also used for appeals relating to national disqualification and extensions of suspension. If you are unsure whether your decision qualifies, check the decision letter you received, which should explain your appeal rights.
Q How long do I have to submit Form T170?
Appeals to the First-tier Tribunal (Primary Health Lists) must be lodged within a set time limit running from the date of the decision notice. The exact window depends on the type of decision being challenged. Missing the deadline can mean your appeal is refused, so it is worth acting quickly once you receive the NHS England letter. If you are already late, you may still be able to ask the tribunal for permission to proceed out of time.
Q Do I have to attend a hearing, or can the case be decided on papers?
Section G of the form lets you choose between a paper determination and an oral hearing. A paper determination means the tribunal decides based on written evidence without either party attending. An oral hearing lets you, and any witnesses, attend and give evidence in person. For more serious matters such as removal from a list or disqualification, many appellants prefer an oral hearing because it allows their account to be tested and explained fully.
Q Can I be represented when I appeal?
Yes. Section B of the form is specifically for representative details. Many appellants are represented by solicitors, barristers, defence union representatives, or professional body advisers. You do not have to be represented, but appeals involving removal, conditions or disqualification can have career-defining consequences, so taking proper advice before you lodge the form is usually sensible.
Q What happens after I send the form?
The Primary Health Lists office will acknowledge receipt and begin the case management process. NHS England will be asked to file its response setting out why it made the decision. Directions will follow about evidence, bundles and hearing arrangements. If you have opted for an oral hearing, a date and venue will be set. The tribunal's decision can uphold, vary or overturn the original NHS England decision.
Q Is there a fee for submitting Form T170?
Tribunal fees have changed over the years and policies vary between tribunal chambers. Rather than relying on outdated figures, check the current position on gov.uk or ask the Primary Health Lists office directly before submitting. If any fee is payable, the form and accompanying guidance will set out how to pay and whether any fee remission applies to your circumstances.
Q Can I withdraw my appeal later if I change my mind?
Yes, appellants can generally withdraw an appeal at any stage, though the procedure for doing so and the consequences depend on how far the case has progressed. Withdrawing shortly before a listed hearing can have different implications to withdrawing early. If settlement discussions with NHS England are underway, it is worth keeping the tribunal informed and taking guidance before formally withdrawing.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · HMCTSFirst-tier Tribunal (Primary Health Lists) on gov.ukgov.uk
- Guidance · UK GovHM Courts and Tribunals Service formsgov.uk
- Official SourceNHS England: primary care performers listsengland.nhs.uk
Legal helpline
Unsure how to frame your T170 appeal?
An appeal against an NHS England decision on your performers list status can have a real impact on your career, and the reasons you give on Form T170 matter. An experienced legal adviser can help you think through your grounds and next steps based on what you describe on the call.
- Plain-English answers to your specific questions about the T170 process
- Practical perspective on the grounds you're considering relying on
- What to watch out for in your circumstances before you submit
- Clarity on timing, hearings and representation based on what you describe
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.