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85.
Aged and Infirm Persons.
The London County Council General Powers Act,
1928, which came into force on 3rd August of that year
contains provisions in Section 28 for the compulsory
removal of aged infirm or physically incapacitated persons
or of persons suffering from grave chronic disease
in certain cases. The main provisions are as follows:—
If a Medical Officer certifies in writing that any
person:—
(a) is aged or infirm or physically incapacitated and resides
in premises in the district which are insanitary owing
to any neglect on the part of the occupier thereof or
under insanitary conditions; or
(b) that such person is unable to devote to himself or to
receive from persons with whom he resides proper care
and attention and that thorough inquiry and consideration
have shown the necessity in the interest of the
health of such person and for preventing injury to the
health of, or serious nuisance to other persons, that
he should be removed from the premises in which he
is residing, the Medical Officer may make application
to a Petty Sessional Court, and such Court may make
an order for the removal of such person to a suitable
hospital infirmary, poor-law institution or other
suitable place, and for the detention and maintenance
of such person for a period not exceeding three months
at a time.
The cost of carrying out the provisions of this section
is to be borne by the Borough Council who may also be
required by the Court to contribute towards the maintenance
of any dependants of the person concerned,
subject to the power of the Guardians to assume such
obligations with regard to the maintenance of the person
in question and his dependants as may be agreed upon
between the Guardians and the Borough Council.
A Medical Officer must not put the powers in this
section into operation unless he is authorised to do so by
a resolution of the Sanitary Authority either generally
or in any particular case.