London's Pulse: Medical Officer of Health reports 1848-1972

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London County Council 1920

Annual report of the Council, 1920. Vol. III. Public Health

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The need for the amendment of Part I. (Infant Life Protection) of the Children Act, 1908, has
long been felt, and after careful examination of the proposals and suggestions of public authorities and
voluntary agencies concerned or interested in the administration of the law relating to infant life protection,
and as the result of wide experience in the working of the Act, the Council on 18th May, 1920,
expressed the opinion that Part I. of the Children Act, 1908, required amendment, so that—
(i.) Persons receiving infants to which Part I. of the Act applies, and such infants, shall be
registered with the local authority, which shall be empowered to refuse or cancel registration
if satisfied that such persons are unsuitable to have the care of young children or that the environment
is unsatisfactory.
(ii.) All persons who shall enter into any agreement, whether oral or in writing, or who
shall conduct negotiations whereby a person shall undertake for reward the nursing or maintenance
of one or more infants under the age of seven years apart from their parents or having
no parents shall, within 48 hours from the making of such agreement or the completion ol
such negotiations, give notice in writing thereof to the local authority.
(iii.) The adoption or maintenance of an infant in consideration of a lump-sum payment
shall be illegal, unless the arrangement be on conditions approved by the local authority.
(iv.) The onus of proof that a child has been received or adopted without reward shal
be on the person by whom the child has been so received or adopted.
(v.) The transfer of an infant adopted or maintained in consideration of a lump-sum paymenl
shall require the consent of the local authority ; and any person knowingly accepting the
transfer without such consent shall be liable to a penalty.
(vi.) The removal of an infant to a place of safety from unsuitable premises, or from a
person incapable owing to physical or mental infirmities, of devoting to it proper care, shall be
authorised.
(vii.) It shall be an offence for any person (instead of the foster-parent only) to refuse tc
allow an infant protection visitor to visit or examine infants, to which Part I. of the Act applies,
on the premises on which they are kept; and it shall be an offence for any person to obstruct
an infant protection visitor or other person in the course of examining the infants or the premises
on which they are kept.
(viii.) Proceedings for any offence under Part I. of the Act may be instituted within six
calendar months after the offence shall have been first discovered and made known to the local
authority, provided that no proceedings shall be commenced after expiration of twelve calendar
months from the date of the offence.
These proposals of the Council were communicated to the Minister of Health with a request
that he would endeavour to secure the amendment of the Act on the lines indicated.
Lying-in
homes.
Part IV. (Lying-in homes) ot the London County Council (General rowers) Act, 1915, prohibits
any person from carrying on a lying-in home unless the name of such person and the premises used are
registered by the Council. The Act empowers the Council to inspect premises believed to be used for the
purpose of a lying-in home, and to refuse to register or to cancel registration on the grounds of the
character of the responsible person, the unsuitability of the premises or their equipment, or the use of the
premises or premises in connection therewith for immoral purposes. Recognised hospitals and similar
establishments, homes approved for the training of midwives and lying-in homes in which relatives alone
are received, are exempt from the Act. Homes carried on by duly qualified medical practitioners
are also exempt from the Act, provided that the necessary approved certificate is submitted to the
Council annually. Six premises of this kind were exempted during 1920. At the beginning of 1920,
258 premises were on the register, 75 were added during the year, one registration was cancelled, while
74 entries on the register were removed (owing to discontinuance of user, removal, etc.), leaving a total
of 258 premises on the register at the end of the year.
In the course of over four years' experience of the working of the Act practical proof was obtained
of the inadequacy of the existing law, and after careful consideration of all the facts the Council decided on
27th July, 1920, to apply to Parliament in the session of 1921 for the amendment of Part IV. of the
Act of 1915 in order to provide that—
(i) An application for registration shall state the full name, address, age, nationality and
qualifications (if any) of the applicant and such further information as may reasonably be
required, as regards the applicants or the premises or their equipment, in connection with the
consideration of the application.
(ii) The power to refuse or cancel registration shall be exercisable against a person who is
"unsuitable" instead of "of bad character."
(iii) An additional ground for refusal or cancellation of registration shall be that the
applicant is under the age of 21 years.
(iv) The Council shall be empowered to make by-laws—(a) Prescribing the records to be
kept; (b) prescribing the number of patients that may be accommodated; (c) prescribing the
equipment; (d) providing that all deaths of patients shall be notified to the Council.
During the year 1920 the Ministry of Health issued a memorandum (15/M & C.W.) which
indicated the standards of measurements suitable for the accommodation of maternity cases. The
space suggested is 960 cubic feet per bed for wards to contain patients with infants, 800 cubic feet per
bed for wards to contain only the mother at night, and 600 cubic feet per bed for wards to contain antenatal
cases.
Midwives.
Under the Midwives Act, 1902, the duties of the Council, as the Local Supervising Authority
for London were chiefly disciplinary in connection with the conduct, professional or otherwise, of mid61004
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