Where does it say how soon you can appeal again

[senvet]

If you get a mixed result at a Tribunal appeal (ie get some of the things you want but not all), how soon can you re-appeal to try to get the points you lost on to get the extra provision?

I think it is a year, but can't see where it says that.

Also, what if the AR will fall earlier than a year?

Does that mean the LA can use an AR to amend away the gains in provision that you made Tribunal and stuff the parents with an appeal to get their gains back?

And the parents have to wait a full year to have another shot at getting their extra provision into the statement?

Sorry have read loads of provisions and I am glazing over

If your not happy with what tribunal agree then i though you then applied to the upper tier tribunal.

i guess to appeal you need to force the right to appeal so that would mean either an emergency AR or the next AR where you can ask for them to put into the statement the stuff you want in -if they refuse then when they reissue the statement the right of appeal will come with it and then I guess you appeal parts 2 and 3

After the AR, whenever that is. The document that subsequently comes (and it would appear there is no timeline on this, but not doing it timely could trigger a JR) is what you can appeal.

Presumably, you will have been collecting evidence up until then of the things that are needed, to form the basis of your appeal!?

You can force an appeal if the statement needs to be changed because something in it is wrong, or you move and need to change part 4 or something.

The trouble is that, unless something fairly major has changed, if you appeal again the LA could apply for the appeal to be struck out. At the very least they would file the previous decision as evidence and the tribunal is likely to be reluctant to overturn it

Conversely, if the LA used the annual review to remove what the tribunal ordered so you had to appeal without any evidence justifying what they had done, you could maybe apply to debar them. Or you could consider asking for an expedited decision based on the papers, arguing that there is no basis for departing from the previous decision and the LA is in contempt in trying to get round it.

Thanks team!

Star - I thought there was a timeline following AR - at least that's what my LA said. 2 weeks for school to submit minutes and then 6 weeks for the LA to produce a proposed amended, 2 weeks for parental comment then 6 weeks to final amended with right of appeal and any original provision to remain in place pending tribunal ruling. Have I made that up?

I don't think there is any law, but that legal hole 'might' have been closed.

there isn't a formal timeline as such post AR - you just hope the LA do it quickly - the code just says that the AR process has to be completed within a year leaving a bit of a grey area if you want that statement back quickly to appeal - or you could live in my LA and you get the statement finalised again post AR and then they just mid cycle send out a random finalised amended statement again with yet another right of appeal. I could decorate my walls of my dining room with all my letters from the LA offering me the right to appeal

My LA took nearly 8 months from AR to finalise my ds's first AR statement. This was despite the fact that I had to keep emailing my New Best Friend at the LA to remind her it was due. Without having my NBF who knows how long I would have had to waited. In fact my ds's school had already diarised the 2nd AR before the 1st AR came back as final

I only have DS1's original statement following tribunal. There have been two AR's since then and I have received nothing - no communication at all. Apart from verbal because my NBF who represented the LA at tribunal was chairing a meeting with the LA re DS2's statement. Just 'chit chat' (how's DS1?) on the walk from the office to the exit.

Is there a timeline to produce a proposed/draft amended post AR?

There's no requirement at all to amend the statement post annual review. In fact, the norm would be not to amend every year. However, the LA must produce a decision following the AR within a reasonable time, and within a year of when they completed the previous AR. Since, under the new law, they have to produce a decision letter within 4 weeks of the AR meeting, I would say it is strongly arguable that 4 weeks should now be interpreted as a reasonable time under the old law.

Should have said in my post that my DS's first AR was also his transition year. So they had to amend his Statement as they had to name his secondary provision. They just made the February cut-off date.