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The proposed new section would still give the parent the right to disagree with the
local education authority's finding that the child is no longer able to profit by school
education, either by reason of ineducability or detrimental conduct, and to appeal to
the Ministry of Education. In addition it is hoped the new Act will provide a simpler
procedure for notifying the parent of the intention of carrying out a medical examination
than the strict compulsory requirements under section 34 (1) and 57 (3) of the Education
Act, 1944.
The statutory report now made under section 57 (5) in the case of the school leaving
child is not specifically replaced by a clause in the Mental Health Bill, but in practice
there is little need for such provision. In London the principal school medical officer
will continue to carry out the present special medical examination of all children
attending special E.S.N. school and others specially recommended as possibly in need
of further care after leaving school, and will recommend to the education officer that
the local health authority should be notified when appropriate. The education officer
will notify the medical officer of health of the names of the children, the only practical
difference between the old and the new procedure being that the formal statutory
reports will no longer be necessary.
The Royal Commission rightly pointed out that a large number of improvements
could be made in the informal care of mentally retarded children and that some of the care
and supervision now being carried out under the provisions of the Mental Deficiency
Act could well be provided informally by means of powers already existing under
section 28 of the National Health Service Act, 1946, or in some instances the Children
and Young Persons Act, 1933, or National Assistance Act, 1948. Action on these lines
may well be of service to local health authorities in providing for the care of subnormal
children excluded from or leaving schools. It is anticipated that the proposed
Mental Health Act will give local authorities greater freedom to organise services—
including child care services—as may be appropriate.
It will be seen from the brief history of the various Acts and Regulations to which
reference has been made that the welfare of educable mentally handicapped children
has received much consideration during the past sixty or seventy years. It must be a
source of satisfaction to the Council to know that many of the conditions and improvements
which are now operative were suggested by the Council and were put into effect
in London at as early a date as was practicable. A great deal of progress has been made
in the period under review but there is much still to be done and the new legislation
together with the spirit of enterprise which has succeeded the years of inactivity in this
field augurs well for the future.
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