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Baazzaa - Wed, 14 Dec 05 :

ghz1,

Unless I am mistaken, and please anyone else correct me if you read something else into the NICE email i received (copied below), it appears that, in the event of the appeal being dismised, the public are not informed until publication (likely to be 4th Wednesday in February). This, I imagine, will be publicised on their web site as well as in print.

Alternatively, if the appeal is upheld, then NICE will publicise this on their web site and, I assume, a new timeline will be issued by them.

Here is a copy of their email...

Baazzaa
====

"There are only two likely outcomes -

1. EITHER the appeal is dismissed (or dismissed subject to minor changes in wording) in which case the FAD will go on to become guidance. If this is the case then members of the public receive no advance warning. You will only find out that the appeal has been dismissed when final guidance is published on the website. Reasons for dismissing the appeal will be published at the same time as the final guidance. This is likely to be the fourth wednesday of February (we only launch guidance on the fourth wednesday of the month except in December when it is the second wednesday to avoid Christmas) . The appelant receives a few days advance warning of dismissal of the appeal and forthcoming publication.

2. OR - the appeal is upheld in full or part and the guidance needs to be substantially changed or looked at again. In this case an announcement will be made to this effect and new timelines will be drawn up depending on how much further work is needed. Again, members of the public receive no advance warning. You will only know this when an announcement is made on the website saying the appeal has been upheld. If this is the case, then the announcement could happen any time from now onwards. Again, the appelent receives a few days advance warning.

There are no absolute time limits by which either the guidance executive or the appeal panel have to make their decision although they do try to make their decisions within the timescales set out in the previous email.

The question I suspect you really want an answer to is - "can you infer from the fact that an anouncement has not yet been made that the appeal has been unsuccessful?" The answer is no. The time taken to make an annoucement varies, depending for example on the complexity of the issues and practical considerations such as coordinating peoples diaries and finding time at meetings to schedule discusssions of appeal outcomes. CCBT is not the only appeal currently being considered and awaiting an outcome. The appeal against the ADHD guidance for example, was held on 25th August and the result of that has also yet to be announced. "


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