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(2) also provides that:—Notice shall, subject to regulations made by the
Board of Education to be laid before Parliament as herein-after provided, be
given by you to the County Council in the case of all defective children over the
age of seven years;
(a) who have been ascertained to be incapable by reason of mental
defect of receiving benefit, or further benefit, in special schools or
classes, or who cannot be instructed in a special school or class
without detriment to the interest of other children, or as respects
whom the Board of Education certify that there are special
circumstances which render it desirable that they should be dealt
with under this Act by way of supervision or guardianship;
(b) who on or before attaining the age of 16 are about to be withdrawn
or discharged from a special school or class, and in whose case the
local education authority are of opinion that it would be to their
benefit that they should be sent to an institution or placed under
guardianship.
Section 30 states:—Nothing in this Act shall affect the duties or powers
of local education authorities under the Education Acts; and the duty of
ascertaining what children over the age of 7 and under the age of 16 (hereinafter
referred to as defective children) are defectives shall rest with the local education
authority as hereinafter provided, and not with the local authority under this
Act (the County Council); and such last mentioned authorities shall have no
duties as respects defective children, except those whose names and addresses
have been notified to them by the local education authority under the provisions
of this Act.
THE REGULATIONS.
The Board of Education have recently issued regulations under section 2
(2) of the Act, which are only provisional and no doubt will be altered and
added to, as experience accumulates. These regulations provide that the School
Medical Officer (and such other medical practitioner as approved by the Board
of Education as you may nominate) shall be the "Certifying Officers" under
the Act. They provide also that if such Officers certify that a mentally
defective child cannot receive benefit, or further benefit, at a special school or
class, or cannot be instructed without detriment to other children, your
Committee shall notify the case to the County Council.
If you are satisfied that a mentally defective child who is capable of
receiving instruction at a special school should be dealt with by way of supervision
or guardianship, you must notify to the Board of Education, and if the