View report page

171
(b) If, however, the defective is neglected or cruelly treated, is
found guilty of any criminal offence or is liable to be ordered to be sent
to an industrial school, he may be dealt with under the Act without
the intervention of the parent. Defectives may also be dealt with
without the parent's application if undergoing imprisonment, if in
a reformatory or a lunatic asylum, or if in receipt of poor relief at the
time of giving birth to an illegitimate child or when pregnant of such
child.
This method also applies to defectives who are habitual drunkards,
and to those notified to the local authority by the local education
authority.
If the defective belongs to this division (b) he can be dealt with
after a private application has been made to the judicial authority by a
relative or friend of the alleged defective, or by an authorised officer of
the local authority. The procedure is technically known as the presentation
of a petition.
The petition must be accompanied by two medical certificates as in
the preceding case, and by a declaration by the petitioner and one other
person at least to the effect that the person is defective. If any petition
has previously been presented, this must be stated, with its result. If
it has been impossible to obtain medical certificates the circumstances
must be stated, and this must also be done if a person who is not a
relative or an officer presents the petition.
The judicial authority (who may be a county court judge, a police
or stipendiary magistrate, or a specially appointed J.P.) must then visit
the alleged defective or summon him to appear. The proceedings may
be private if the justice thinks fit or on the demand of the defective.
If private, no one is allowed to be present without leave of the justice,
except the petitioner, the alleged defective, his parents or guardian, and
any two persons appointed by the alleged defective, together with the
two doctors who signed the certificate. If the justice is satisfied that
the person is a defective he makes an order. This order must not be
made without the consent of the parent in writing unless it is proved
that such consent is unreasonably withheld or the parent cannot be
found, and it is stated that it is not unreasonable if consent be withheld
with the bona fide intention of benefiting the defective. It is obvious
that, on the interpretation of this clause, the success or failure of
the Act will largely depend. If found unsuitable for guardianship
the judicial authority may order the defective to be sent to an
institution.