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The time limits explained
The decision: 28 days
The National Framework (revised 2022) expects the whole process, from the ICB receiving the positive Checklist to the eligibility decision, in most cases not to take more than 28 calendar days. The ICB is expected to respond to the MDT's recommendation within 2 working days. If an ICB unjustifiably takes longer than 28 days and then finds the person eligible, it should refund the costs of services paid by the person or the council from day 29 of that period.
Asking the ICB to review: usually 6 months
If the ICB says no, you can ask it to review the decision through its local resolution process. The time limit used in practice is 6 months from the written decision. Every ICB must publish a fair process with timescales: usually an informal discussion with a written summary first, then a formal meeting if needed. You can ask to go straight to a formal meeting. The ICB should acknowledge your request within 5 working days. Our guide to local resolution and the independent review explains what to put in your letter.
An independent review by NHS England: usually 6 months
After the final local resolution outcome, you can write to NHS England to ask for an independent review, usually within 6 months. You are sent an Application for Independent Review form to return within 6 weeks. NHS England says the review typically takes 3 to 6 months, and panels are normally held online.
The Ombudsman: usually 12 months
After an independent review you can complain to the Parliamentary and Health Service Ombudsman, usually within 12 months of the outcome.
Where these come from: the 28-day expectation and the day 29 refund are in the National Framework. The 6 and 12 month limits come from Department of Health guidance from 2012 and are still repeated by Age UK in July 2026, but ICBs publish their own timescales, so the time limit in your letter is the one that counts. After a negative Checklist, the independent review route does not apply: ask the ICB to reconsider, then use the NHS complaints procedure (see our Checklist guide).
Questions
How long should a CHC decision take?
The National Framework expects the process in most cases to take no more than 28 calendar days from the ICB receiving the positive Checklist to the eligibility decision. If an ICB unjustifiably takes longer and then finds the person eligible, it should refund the costs of services paid by the person or the council from day 29.
Is there a time limit to challenge a CHC decision?
The time limit used in practice is 6 months from the written decision to ask the ICB to review it through local resolution, and 6 months after the final local resolution outcome to ask NHS England in writing for an independent review. ICBs publish their own timescales, so always check the time limit in the decision letter.
How long does an independent review take?
NHS England says the process typically takes 3 to 6 months. You return the Application for Independent Review form within 6 weeks, and panels are normally held online.
What can I do after an independent review?
You can complain to the Parliamentary and Health Service Ombudsman, usually within 12 months of the review outcome.
Sources: National Framework (gov.uk); NHS England independent review guide; Age UK Factsheet 20 (July 2026).