In order to practise in the NHS, you must be registered on the NHS Performers Lists.  There are three performers lists operated by NHS England – one for each profession:

  1. Medical;
  2. Dental; and
  3. Ophthalmic.

The NHS Performers Lists exists to ensure GPs, Dentists and Optometrists practicing in the NHS are suitably qualified, have up to date training, have appropriate English language skills and have passed other relevant checks such as with the Disclosure and Barring Service (DBS) and the NHS Litigation Authority.

The decision to admit or decline an applicant to the National Performers Lists is the responsibility of NHS England.

NHS Performers Lists Appeals

Decisions to refuse inclusion on performers lists carries a right of appeal and we can assist medical practitioners with such appeals.

Appealable decisions include:

  • A decision to refuse an application for inclusion in the list;
  • A decision to impose, maintain or vary conditions; and
  • A decision to remove a performer from the list.

Appeals in relation to decisions by NHS England and performers lists are made to the First-Tier Tribunal (Primary Health Lists) within the required timeframe which is 28 days.

The appeal before the First-Tier Tribunal will usually take place by way of an oral hearing unless the practitioner, NHS England and the Tribunal agree that it can be decided on the papers. However, an oral hearing will be required if the appeal includes disputed facts.

The First-tier Tribunal has the power to make any decision NHS England could make. The Tribunal will give its decision orally at the hearing but will also provides a written decision within 10 days. It is important to note that costs orders could be made where the First-Tier Tribunal considers that a party has acted unreasonably.

There are further appeals to the Upper Tribunal Administrative Appeals Chamber could be made but permission to lodge a further appeal must be granted. 

The appeal process is complex with inherit legal intricacies and processes that is important to follow. We are health and care lawyers and consultants specialising in medical defence work and advice.  Contact us today for a free, no obligation assessment of your case.

Performance Advisory Groups (PAGs) and Performers Lists Decision Panels (PLDPs)

We can also assist medical practitioners with issues relating to, or involvement with, Performance Advisory Groups (PAGs) and Performers Lists Decision Panels (PLDPs).

Performance Advisory Groups (PAGs) and Performers Lists Decision Panels (PLDPs) are responsible for managing the performance of health professionals on NHS Performers Lists.

The PAG’s role is to consider concerns about a named individual, who is either included on the Performers List, has a prescribed connection to NHS England, or is a Pharmacist, and determine the most appropriate course of action. It can instruct an investigation where it considers it appropriate and it can agree voluntary undertakings with a performer when low level concerns have been identified and the performer accepts this to be the case. The primary role of the PLDP is to make decisions under the Performers Lists Regulations. This does not prevent the PLDP from taking any action that the PAG can take.

If you are subject to a PAG or PLDP investigation or complaint, speak to one of our experienced healthcare lawyers or consultants for advice.