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99
under Section 55 of the Education Act, 1921, required to make
arrangements for ascertaining " what children in their area, not
being imbecile and not being merely dull or backward, are defective
; that is to say, what children by reason of mental or physical
defect are incapable of receiving proper benefit from the instruction
in the ordinary public elementary schools, but are not incapable
by reason of that defect of receiving benefit from instruction
in such special classes or schools as under this part of the
Act may be provided for defective children."
Before admission to a special school a medical certificate
has to be obtained that the " child not being merely dull or backward
and not being an idiot or a moral imbecile is feeble.minded
within the meaning of the Mental Deficiency Act, 1913, but is
not incapable, by reason of mental defect, of obtaining benefit
from instruction in a special school or Class under Section 56 of
the Education Act, 1921." The certificate is, however, endorsed
that it must not be used as evidence of feeble.mindedness within
the meaning of the Mental Deficiency Act, 1913, after the child
reaches the age of 16 years.
The position arises therefore:.
(1) That there are two definitions of feeble.minded persons—
for those over the age of 16 years and those under.
In those under 16 the question of educability is the sole factor
to be considered.
(2) That even for persons under the age of 16 years the definitions
in the two Acts differ. In the Mental Deficiency Act the
lack of educability has to be a permanent one.
(3) Yet the certificate has to be given under the Mental Deficiency
Act, 1913, and not under the Education Act, 1921.
(4) The certificate, although given under the Mental Deficiency
Act, 1913, is not allowed to be in force after the age of 16.
It would appear to be very much better to apply the " social "
definition to all ages, and to define a mentally defective or feebleminded
person whether under or over the age of 16 years as one