HC Deb 13 August 1913 vol 56 cc2574-6

(2) An order shall remain in force for a year after the date when wider the preceding provisions of this Section it would have expired, and thereafter for successive periods of five years, if at that date and at the end of each period of one and five years respectively the Board, after considering such special report and certificate as is hereinafter mentioned and the means of care and supervision which would be available if he were discharged consider that the continuance of the order is required in his interests and make an order for the purpose:

Provided that where a defective was, at the time of being sent to the institution or placed under guardianship, under twenty-one years of age, the case shall be reconsidered by the visitors appointed under this Act within three months after he attains the age of twenty-one years.

(3) On such reconsideration the visitors shall visit the defective or summon him to attend before them and inquire into his mental condition and the means of care and supervision which would be available if he were discharged and into all the circumstances of the case, and if it appears to them that further detention in an institution or under guardianship is no longer required in the interests of the defective alone, shall order him to be discharged:

Provided that if the visitors do not order his discharge the defective or his parent or guardian may within fourteen days after the decision of the visitors has been communicated to the defective and his parent or guardian appeal to the Board.

(4) The special report above mentioned shall be a special report as to the mental and bodily condition of the defective made, in the case of a person detained in an institution, by the medical officer of that institution, and in any other case by a duly qualified practitioner, and shall be accompanied by a certificate under his hand that the defective is still a proper person to be detained in his own interest in an institution or under guardianship, and the person sending the special report shall give to the Board such further information concerning the defective to whom the special report relates as they may require.

(5) A certificate under the hand of the secretary to the Board that an order has been continued to the date therein mentioned shall be sufficient evidence of the fact.

Lords Amendments:—

In Sub-section (2), leave out the word "report" ["such special report"] and insert the word "reports."

After the word "mentioned" ["hereinafter mentioned"], insert the words "and the report of any duly qualified medical practitioner who, at the request of the defective or his parent or guardian, or any relative or friend, has made a medical examination of the defective."

In Sub-section (3), after the word "such" ["on such reconsideration"], insert the words "consideration and."

In Sub-section (4), after the word "be" ["shall be a special report"], insert the words "(a) A special report by the visitors made within one month after having seen the defective as to his mental condition and the means of care and supervision which would be available if he were discharged, and stating whether in the opinion of the visitors the defective is still a proper person to be detained in his own interest in an institution or under guardianship; and (b)."

Lords Amendments agreed to.

Lords Amendment: In Sub-section (4), after the word "qualified" ["a duly qualified practitioner"], insert the word "medical."

Mr. BOOTH

I want to be quite sure about this Amendment. I take it that it is an Amendment for the protection of the defective person, and that the examination will not be made on the medical side only.

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. McKenna)

My, hon. Friend has correctly viewed the purpose of the Amendment.

Lords Amendment agreed to.

Lords Amendment: In Sub-section (4), leave out the words "under his hand" [" a certificate under his hand."]

Lords Amendment agreed to.