Delay (MHT)

If there is a breach of the Article 5(4) guarantee of a speedy review, compensation may be awarded for frustration/distress, or where discharge would probably have been granted earlier (R (KB) v MHRT [2002] EWHC Admin 639, R (KB) v MHRT [2003] EWHC 193 (Admin)).

The following information has been provided in response to a FOI request. Time from receipt to disposal: section 2 (0 weeks 24.5%, 1 week 53.0%, 2 weeks 18.2%, 4 or more weeks 1.9%); restricted (0-3 weeks 8.0%, 4-9 weeks 15.4%, 10-15 weeks 59.6%, 16-18 weeks 5.1%, 19 or more 11.9%); non-restricted (0-3 weeks 22.1%, 4-7 weeks 47.9%, 8-9 weeks 17.5%, 10-12 weeks 6.5%, 13 or more weeks 6.1%). Total number of cases: section 2 (10,617); restricted (3,449); unrestricted (21,065). Median age of case: section 2 (1 week); restricted (10-15 weeks); non-restricted (4-7 weeks). (Debra Whittle, ‘Freedom of Information Act (FOIA) Request -112074’ (letter to Lucy Series, 19/6/17)).

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