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57
manent defect" and "of propensities on which punishment has had little or no
deterrent effect "are avoided, but it may be noticed that the new postulate is that
the control required is to be for the protection of others. Presumably, the amount
of defect, as ascertained by tests and conversation, might be less than that ordinarily
required to justify certification as a feeble-minded person, but there must be evidence
of the propensities and that these endanger others. Possibly, a subnormal prostitute
who refused treatment and continued to ply her avocation while in an infectious
state from venereal disease might come within the category. Otherwise, it may
prove, in practice, limited to serious and repeated crimes or to serious perversions.
It is unlikely that children would often come within this category even though their
behaviour were such as to render their presence in class or school detrimental to the
interests of others.
Section 1, sub-section (1) allows the addition to the previous list, which amounted
to dealing only with those who were neglected, criminal, inebriate, or notified by
the local education authority on leaving a special school, of any person " with respect
to whom a representation has been made to the local authority by his parent or
guardian that he is in need of care or training which cannot be provided in his home."
This eliminates the difficulty which formerly arose of having to allege a technical
neglect in cases in which the parents had done their best but had been handicapped
merely by lack of means. Cases under this will probably be those aged between
16 and 21 as a condition that the first duty of ascertainment and education of persons
between 7 and 16 still rests with the local education authority.
Changes
in the
conditions
rendering a
person
" Subject to
be dealt
with."
Section 2, sub-section (5) permits local education authorities to notify to the
local control authority the names of those young persons leaving a special school at
or about the age of 16 in whose care they are of opinion that "supervision" under
the Mental Deficiency Act would be beneficial. Previously, only the names of those
deemed to need institutional treatment or guardianship could thus be notified.
Section 2, sub-section (2) allows the Board of Education to certify that special
circumstances exist rendering it desirable that a defective child of school age should
be dealt with by institutional treatment as well as by supervision or guardianship
as the clause formerly ran. This is really legalising a point which had crept into
practice for, although, originally, the notification was for supervision or guardianship
only, institutional care had often been found necessary.
Section 7 requires local authorities "to provide suitable training or occupation
for defectives who are under supervision or guardianship or have been sent to certified
institutions," though "a local authority shall be under no obligation to provide
training or occupation in the case of any defective under supervision if they
satisfy the Board (of Control) that there are in his case adequate reasons for not
so doing." This proviso enables local authorities to establish, maintain or aid
occupation centres or centres for continued training for defectives of any age under
supervision.
Changes in
the duties of
local
authorities.
Section 10 enables one local authority that maintains a certified institution to
contract to take cases from another authority and also allows of the erection and
maintenance of institutions which may be jointly certified institutions and special
schools, the cost being divided between between the control and the education
authorities in a specified manner.
Section 4 provides that the written consent of the parent or guardian may be
dispensed with if by reason of his being abroad "any attempt to obtain his consent
would result in undue delay in dealing with the petition."
Changes in
procedure.
section 5 provides that when a court (of summary jurisdiction) has ordered a
petition to be presented under section 8 of the Act of 1913, and the presentation is
found impracticable or the petition is dismissed then the case is again to be brought
before the court. In the meantime, unless the court has otherwise ordered, the
person concerned shall, if the place of safety is a prison or place of detention, remain