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Removal of old and infirm persons to institutions etc.
Under Section 2+7 of the National Assistance Act, 1948, the
Council may apply to a Court for an order to remove to a
suitable institution any person who -
(a) is suffering from grave chronic disease, or
being aged, infirm or physically incapacitated,
is living in insanitary conditions, and
(b) is unable to devote to himself, or is not
receiving from other persons, proper care
and attention.
The National Assistance (Amendment) Act, 1951, which
came into operation on 1st September, 1951, amended Section
2+7 of the National Assistance Act, 1948.
Previously, it was necessary for the Medical Officer
of Health to certify in writing that a person should be
removed, and the Council had to apply to the Court for a
Removal Order. Seven clear days' notice had to be given
to the person concerned and to the Superintendent of the
hospital or institution to which it was proposed to remove
such person.
Under the new Act, application for removal of urgent
cases may be made by the local authority or by the Medical
Officer of Health, if authorised by the Council to do so,
without giving the seven days' notice. Such applications
may be made either to a Court of Summary Jurisdiction or to
a single Justice, on a certificate by the Medical Officer of
Health and another registered medical practitioner. Further,
where the hospital or institution agree to receive the case,
it is no longer necessary to give seven days' notice to the
manager thereof.
Under this emergency arrangement, detention Orders made
in respect of these urgent cases are limited to three weeks,
and if it is necessary to extend this time, compliance must
be made with the original requirements of Section 47.
The new Act will simplify and expedite the task of
securing the removal to hospital of urgent cases of old and
infirm persons, but it is probable that difficulties may
occur in cases where it is desired to extend the detention
order beyond three weeks.
The Medical Officer of Health was authorised by the
Council to make applications where necessary for the urgent
removal of persons to hospitals, etc., as provided by the
National Assistance (Amendment) Act, 1951.
Although many cases were investigated during the year,
only one resulted in formal action being taken to secure
compulsory removal,, An old lady of 86 years, suffering from
advanced cardiac insufficiency, lived in a single room in
Ifield Road. She was without friends or relatives and both
she and the room she occupied were in a most insanitary
state. Every endeavour was made to persuade her to enter
a home voluntarily - on two separate occasions a vacancy
was obtained for her in a suitable home, but at the last
minute she refused to leave. The conditions worsened to
such an extent that it was decided to take action for her
compulsory removal to hospital. The London County Council
agreed to admit her to one of their homes and the
necessary certificates were supplied by the Medical Officer
of Health and his Deputy. These were placed before a
Justice of the Peace, wno, after a visit, authorised