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30
Removal of old and infirm persons to institutions etc.
Under Section 47 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
47 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 Act of 1951, 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.
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 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,
in no case was formal action taken to secure compulsory
removal.
SANITARY INSPECTION
The following table shows a summary of the inspections
etc., carried out by the sanitary inspectors during the
year