Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether there is an appeals process in place for applicants whose products are rejected by the Advisory Committee on Borderline Substances.

There is no formal appeals process in place for applicants.

The Advisory Committee on Borderline Substances (ACBS) does not reject applications. Unsuccessful applicants are informed of further information the Committee requires to continue processing an application and they can reapply. In rare instances, an applicant may be informed of reasons that their product is not supported by the Committee for listing on Part XV of the Drug Tariff.

The Department started a project in 2019 to improve the ACBS application process. The work is being undertaken in partnership with the ACBS and the British Specialist Nutrition Association – the trade body for the medical nutrition industry. A key objective is to ensure fairer, more accurate, consistent, efficient and quicker decisions by the Committee. The working group last held a meeting on 10 February 2022.