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NATIONAL ASSISTANCE ACT, 1948
Section 47
Under Section 47 of the Act the Council has authority to make
application, where necessary, for a Court Order for the emergency
removal to hospital, or institution, of an aged, infirm, or physically
incapacited person who is living in insanitary conditions and who is
"unable to devote to himself, and is not receiving from other
persons, proper care and attention".
The National Assistance (Amendment) Act 1951 also provides
for a magistrate to order the emergency removal of such persons to a
hospital or institution for a period not exceeding twenty one days,
on certification by the Medical Officer of Health and a general
medical practitioner.
Fortunately, it is only in exceptional cases that such action is
necessary and then only when persuasive efforts have failed.
During the year under report the Council made application for
committal orders in respect of three persons whose condition had
had been giving cause for concern and none of whom was prepared
to enter a hospital or home for the elderly on a voluntary basis.
Details are given below.
Mrs. E. T., aged 85, had been visited regularly since December
1957 and it was noted that her confused mental state had resulted
in a marked deterioration in her personal cleanliness. It was subsequently
reported by the warden of the home to which she was
committed that her condition had warranted her transfer to a mental
hospital for treatment.
Mrs. A. G., aged 58, occupied two top floor rooms in a terrace
house and her accommodation was found to be in a filthy condition.
The death of her son in a Japanese prison camp and unhappy
family associations had contributed to a confused mental state
which had necessitated treatment in a mental hospital. Her condition
had not improved despite efforts by her daughter to induce her
mother to take an interest in life, and it was considered there was
no alternative but to apply for a committal order in view of her
unwillingness to enter a home voluntarily and her apparent refusal
to reside with her daughter. On expiry of the statutory period of
twenty one days it was reported by the warden of the home that
Mrs. G had been admitted to a mental hospital for treatment. She
has since discharged herself and is living with her daughter.
Mrs. F. H., aged 86, was visited at the request of relatives who
were concerned about her physical condition. Apart from the
insanitary state of her accommodation and her lack of personal
cleanliness, it was observed that she was mentally confused and
evidently incapable of caring for herself adequately. It was discovered
that she has never been registered with a doctor and after a