Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. R (Grogan) v Bexley NHS Care Trust and others [2006] EWHC 44 (Admin).
3. Parliamentary and Health Service Ombudsman. Making a complaint about the NHS in England. Available at: https://www.ombudsman.org.uk
4. R v North and East Devon Health Authority, ex parte Coughlan [2000] 2 WLR 622.
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.
This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains the time limits that apply when challenging an NHS Continuing Healthcare eligibility decision in England. It covers the six month expectation for requesting local resolution, the further six month expectation for referring a matter to NHS England, whether late requests can be accepted, the separate position on retrospective claims, and what to do where a deadline has already passed.
Time limits for an NHS Continuing Healthcare appeal
There are time limits on challenging an NHS Continuing Healthcare decision, and missing one makes the process considerably harder. They are not absolute, but they are the starting point, and knowing them removes a great deal of avoidable difficulty.
The six month expectation
The Framework expects a request for local resolution to be made within six months of the eligibility decision being communicated. The clock runs from the date the decision was given to the person or their representative, not from the date of the assessment. That distinction matters where the decision was delayed, and where communication was verbal followed by a later letter, the written decision is normally the safer date to work from.
The second six months
Where local resolution does not resolve the matter, a request for an Independent Review Panel should be made to NHS England within six months of the conclusion of local resolution. Again the clock runs from the point the outcome of local resolution was communicated. Boards do not always make the end of local resolution clear, so it is worth asking for written confirmation that the stage has concluded.
Are the limits absolute
No. They are expectations set out in guidance rather than statutory limitation periods, and both Integrated Care Boards and NHS England have discretion to accept a late request. Discretion is more likely to be exercised where there is a reason for the delay, such as illness, bereavement, a delay in receiving the paperwork, or a period during which the person lacked capacity and no representative was in place.
How to make a late request
Ask anyway, and explain the delay in the same letter. Set out when the decision was received, why the request is late, and why the case should still be considered. Where the delay was caused by the Board itself, for example by not providing the Decision Support Tool on request, say so specifically, since that is a strong reason for discretion to be exercised.
Retrospective claims are different
Claims covering periods of care already paid for, sometimes called previously unassessed periods of care, operate under separate arrangements and different cut-off dates. Do not assume the six month expectation applies in the same way. If the question concerns a past period rather than a current decision, take advice on the specific position before relying on any deadline.
Protect the date
If a deadline is approaching and you are not ready, send a short letter requesting local resolution and stating that detailed grounds will follow. That registers the request within time. A holding request is far better than a late one, and it costs nothing beyond a letter.
If the limit has passed
You still have options. Ask for discretion. Where circumstances have changed, request a fresh assessment rather than a review of the old decision, which is often quicker. If the concern is how the process was handled rather than the eligibility conclusion, the complaints route and ultimately the Ombudsman remain available and operate on their own timescales.
Key takeaway
Six months to request local resolution, then six months to refer to NHS England, both running from when the outcome was communicated. The limits are expectations rather than absolute bars, so ask for discretion with an explanation, and use a holding letter if time is short.
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Frequently asked questions
When does the six months start?
From the date the eligibility decision was communicated to the person or their representative, not from the assessment date. Where a verbal outcome was followed by a letter, the written decision is normally the safer date to work from.
Can a late appeal be accepted?
Yes. The limits are expectations in guidance rather than statutory bars, and discretion can be exercised. Explain the reason for delay in the same letter, particularly where the delay was caused by waiting for paperwork from the Board.
What if I am waiting for the Decision Support Tool?
Send a holding request for local resolution within time, stating that detailed grounds will follow once the documentation arrives. That protects the date and puts the reason for delay on the record.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.