Form T173 UK: Respond to Performers List Appeal
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If you work in the NHS and find yourself on the receiving end of an appeal connected to the Performers List, Form T173 is the document you will most likely need to complete. It is the formal written response filed with the First-tier Tribunal (Health, Education and Social Care Chamber) when someone has appealed a decision that affects their inclusion on the list.
Getting this form right matters, because the tribunal uses it to understand why you oppose the appeal and how you want the proceedings to be managed. On this page I walk through what the form is for, how the sections fit together, and the practical points to consider before you submit it.
If you would rather talk it through with someone first, there is a paid telephone option at the bottom of the page.
What this document is
Form T173 is the response document used in appeal proceedings before the First-tier Tribunal (Health, Education and Social Care Chamber). The tribunal is the independent body that hears disputes connected to NHS decisions, including those affecting a practitioner's place on a Performers List (the register held by NHS bodies of GPs, dentists, and ophthalmic practitioners permitted to provide primary care services).
When a practitioner lodges an appeal against a decision such as removal from the list or inclusion subject to conditions, the NHS body responsible for that decision is the respondent. The respondent uses Form T173 to set out its position.
The form captures contact details, identifies the decision under appeal, explains why the appeal is resisted, and gives the respondent the chance to request procedural directions such as a private hearing or non-disclosure of certain material. It is a procedural document rather than a substantive pleading, but the content shapes how the tribunal prepares for the case.
How to use this document
- Gather your case details. Before you start, pull together the original decision letter, the appeal application you received from the tribunal, any correspondence with the appellant, and any evidence you want to rely on. Having this material to hand makes the drafting far more straightforward and reduces the risk of inconsistencies when you come to explain your reasoning.
- Complete the respondent details. Fill in Section A and B with the full name of the NHS body, the correspondence address, telephone number, email, and details of any legal representative acting for you. Use blue or black ink throughout if you are completing a paper copy, and make sure the contact details are ones that will be monitored for the duration of the proceedings.
- Identify the decision under appeal. In Section C, indicate whether the appeal relates to removal from the Performers List, conditional inclusion, or a different matter altogether. If none of the tick-box options fit, describe the decision clearly in your own words so the tribunal can categorise the appeal correctly from the outset.
- Set out your opposition. Section D is where you explain the reasons you oppose the appeal. You can write directly on the form or attach a separate sheet if you need more space. Be factual, structured, and refer to the evidence you intend to rely on. If your response is being filed late, include a brief explanation for the delay so the tribunal can consider whether to accept it.
- Address procedural matters and file on time. In Section E, flag whether you want a preliminary directions hearing, a private hearing, any reporting restrictions, or consent to a paper determination. Give a realistic time estimate and your earliest readiness date. Sign Section F, attach supporting documents, and send the response to the tribunal within 21 days of receiving the appeal application.
Common questions
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Common questions
Q Who should complete Form T173?
The form is completed by the respondent to an appeal, which in Performers List cases is usually the NHS body that made the original decision. In practice the form is often drafted by the legal team or an appointed representative acting on behalf of that body. The respondent is the party resisting the appeal, not the practitioner who brought it.
Q How long do I have to submit Form T173?
You generally have 21 days from the date you receive a copy of the appeal application from the tribunal. Missing the deadline does not automatically end the response, but you will need to explain the delay in the form itself and the tribunal has discretion whether to accept a late submission. Filing on time is always the safer route.
Q Can I attach separate sheets to Form T173?
Yes. Section D in particular often requires more space than the form provides, and attaching typed submissions is common practice. Make sure any additional pages clearly reference the section they relate to, include the case name or reference where known, and are signed or dated so the tribunal can tie them back to your main response.
Q What is a preliminary directions hearing?
It is a short procedural hearing held before the substantive appeal. The tribunal uses it to deal with case management matters such as disclosure, witnesses, timetabling, and any preliminary legal issues. You can ask for one in Section E if you think the case needs ground rules set in advance, or leave it to the tribunal to decide on the papers.
Q Can the hearing be held in private?
The tribunal can direct that all or part of a hearing is held in private, and it can also make orders restricting the publication of documents or information. You can request this in Section E and give your reasons, but the decision rests with the tribunal, which has to balance privacy against the principle of open justice.
Q Do I need a lawyer to complete Form T173?
There is no requirement to be legally represented, and the form is designed to be completable without a lawyer. That said, Performers List cases can affect a practitioner's livelihood and reputation, so most NHS bodies use in-house or external legal support. If you are unsure, it is sensible to get some input before filing.
Q What happens after I submit the response?
The tribunal acknowledges receipt, serves a copy on the appellant, and then begins case management. Depending on what you requested in Section E, this may include a directions hearing, an exchange of evidence, and scheduling of the final hearing. The tribunal will write to you with the next steps and any deadlines to meet.
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 (Health, Education and Social Care Chamber) – gov.ukgov.uk
- Guidance · HMCTSHMCTS tribunal formsgov.uk
- LegislationPrimary Care (Performers Lists) Regulations – legislation.gov.uklegislation.gov.uk
Legal helpline
Unsure how to frame your T173 response?
Performers List appeals can turn on how clearly the respondent sets out its position and the procedural requests it makes at the outset. An experienced legal adviser can help you think through the form and your wider approach based on what you describe on the call.
- Plain-English answers to your specific questions about the form
- Practical perspective on what to include in your reasons for opposing the appeal
- Guidance tailored to what you describe about the case and the decision
- A clearer sense of the procedural options in Section E for your situation
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.