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46
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 amended legislation
one case.
Details of this case are set out below :-
This was an old lady of 81 years of age. The case was referred to the
Public Health Department by the Inspector of the R.S.P.C.A. who was concerned
about a dog. He called »t the office on 15th March, 1961.
Apparently on 13th March neighbours became concerned because they had
not seen the old lady for some days, groceries and milk were on the doorstep.
They got in touch with the Police who gained entrance to the house through
a back window.
The old lady was ill, the house dirty and there was animal excreta in the
house.
The Police arranged for an ambulance and a bed and the old lady was taken
to hospital where she refused to stay.