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54
NATIONAL ASSISTANCE ACT, 1948, SECTION 47
NATIONAL ASSISTANCE (AMENDMENT) ACT, 1951
Section 47 of the National Assistance Act. 1948, deals with
securing the necessary care and attention for persons who:-
(a) are suffering from grave chronic disease or being aged,
infirm or physically incapacitated, are living in insanitary
conditions and
(b) are unable to devote to themselves, and are not receiving
from other persons, proper care and attention.
This Act enables a Local Authority, on the certificate of
the Medical Officer of Health, to apply to a Court for an Order
to remove a person in need of care and attention to a home or
hospital for a period of up to three months.
Before granting the Order, the Court must be satisfied that
certain conditions laid down in the Act are met.
Action under the main Act may be protracted, therefore the
National Assistance (Amendment) Act, 1951, was passed enabling
the Medical Officer of Health, under delegated powers, to apply
to the Court himself in an emergency. If the amending legislation
is used, a second medical certificate is required, and the maximum
period of detention is three weeks.
During the year under review action was taken under the main
Act in 2 cases and under the amended legislation in 1 case.
Details of the cases are set out below :
Case No, 1
This was an old lady of 81 years of age, crippled and living
on the ground floor of a house which she owned. The rooms she
occupied were very dirty, especially her bedroom and her bedding
and mattress were filthy and heavily contaminated by urine and
faeces.. Vermin were found in the mattress and a cat with young
kittens was perpetually in the bed. The old lady was resentful
of any offers of help but did agree to the mattress, bed and
bedding being destroyed. This was done and the disinfestation and
cleaning of the room was carried out. The bedding was replaced
by means of gifts. The home bathing service was arranged but was