View report page

%

Petitions
The ascertainment of defectives and the oversight of defectives under guardianship
has continued to be carried out by medical officers and social workers on the central
staff and the supervision of defectives in their homes by social workers employed in
four local offices.
During the year 19,660 visits were paid to persons under supervision or on licence
from hospitals and 804 to persons under voluntary supervision, while 2,128 enquiries
were made to ascertain the home circumstances of patients in connection with the
statutory review of orders and the consideration of applications for leave of absence
or discharge.
During the year, 163 petitions for orders for institutional care and 20 for guardianship
were presented to a judicial authority under section 6 of the Mental Deficiency Act,
1913.
One petition for an order for institutional care raised a point of some interest and
importance. The parent of the mental defective concerned refused consent to the
order and, after the order had been made, applied to the High Court for a writ of
Habeas Corpus. The judicial authority in making the order held that consent had been
unreasonably withheld but with an honest but mistaken intention of benefiting the
defective. The application was heard by a Judge in Chambers and the learned Judge
expressed the view that if the parental intention of benefiting the defective was honest
it was held in good faith and that in this case there was no evidence to show that it was
vitiated by ulterior motives. He accordingly held that the order under section 6 was
bad and granted the apphcation.
The implication of this decision is that however misguided or mistaken a parent or
guardian may be in withholding consent to the making of an order, the Judicial
Authority may not make the order unless satisfied that the parent or guardian is acting
in bad faith. It would appear, therefore, to be the local health authority's responsibility
in such cases to present in support of a petition such evidence as will show that the
parent or guardian is not acting in good faith and is actuated by ulterior motives.
† In addition to the cases under supervision, persons known to the local authority to be mentally defective but not
subject to be dealt with, are visited on a voluntary basis, as follows: 1950,968; 1951,1,020; 7952,1,040; 1953,1,055.
‡ Of these the following were awaiting institutional care: 1950, 139; 1951, 154; 1952. 169; 1953, 199.