HC Deb 04 April 1944 vol 398 cc1955-7

(1) If in the opinion of a medical officer of a local education authority there is reasonable cause to suspect that the person or clothing of a pupil in attendance at any school maintained by the authority or at any young people's college is infested with vermin or in a foul condition he may cause an examination thereof to be made by any person authorised by the authority to make such examinations, and if the person or clothing of the pupil is found by the examination to be infested with vermin or in a foul condition any officer of the authority may serve upon the parent of the pupil, or in the case of a pupil in attendance at a young people's college upon the pupil, a notice requiring him to cause the person and clothing of the pupil to be cleansed.

(2) A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of a medical officer of the authority the cleansing thereof will be carried out under arrangements made by the local education authority; and if at the expiration of that period the person and clothing of the pupil, are not cleansed to the satisfaction of a medical officer of the authority then, subject as hereafter provided, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements: Provided that, any such notice shall also inform the person upon whom it is served that he may within the period limited by the notice notify the head teacher of the school or college at which the pupil is in attendance that he objects to the cleansing being carried out under arrangements made by the local education authority, and if he does so such an order as aforesaid shall not be issued by the medical officer but an order to the like effect may, on the application of any officer of the authority, be made by a court of summary jurisdiction.

(3) It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be cleansed may be cleansed (whether at the request of a parent or pupil or in pursuance of an order issued or made under this section) at suitable premises by suitable persons and with suitable appliances; and where the council of any county district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the Minister of Health.

(4) Where an order has been issued by a medical officer or made by a court under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil named in the order to be cleansed in accordance with arrangements made under the last foregoing subsection, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.

(5) Any examination of the person or clothing of any pupil may be made under the powers conferred by subsection (1) of this section without the consent of the pupil or of his parent unless the parent, or in the case of a pupil in attendance at a young people's college the pupil, has served upon the local education authority notice in writing requesting that the pupil be exempted from such examinations; but if a medical officer of the local education authority is of opinion that there is reasonable cause to believe that the person or clothing of any pupil with respect to whom such a notice has been served is infested with vermin or in a foul condition, he may, if the parent, or in the case of a pupil in attendance at a young people's college the pupil, refuses to consent to such an examination, cause an application to be made to a court of summary jurisdiction for an order directing that the pupil be examined and, upon such an application made by any officer of the local education authority, the court shall have power to order the examination to be made without such consent.

(6) Where an order has been made by a court of summary jurisdiction for the examination or cleansing of the person or clothing of any pupil, then, if after the cleansing thereof has been carried out under this section his person or clothing is again found upon being examined under this section to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority or at a young people's college the parent of the pupil, or in the case of a pupil in attendance at a young people's college, the pupil shall be liable on summary conviction to a fine not exceeding five pounds.

(7) Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at a school maintained by the authority or at any young people's college is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school or college, direct that the pupil be excluded from the school or college until such action has been taken; and such a direction shall be a defence to any proceeding: under this Act in respect of the failure of the pupil to attend school or to comply with the requirements of a college attendance notice, as the case may be, on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the pupil or his parent.

(8) No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.—[Mr. Ede.]

Brought up, and read the First time.

Mr. Ede

I beg to move, "That the Clause be read a Second time."

It will be recollected that Byron in his description of Napoleon said: One moment of the mightiest, and the next On little objects with like keenness fixed. We now come to a Clause dealing with lice. We asked the Committee to allow us to withdraw Clause 52. We have devoted our efforts to preparing a Clause which will be more workable than the original Clause. This is a very difficult subject with which to deal. It is one of the distressing things of our civilisation that such revelations as were made in the evacuation should be possible in our towns, but the position is well-known to all those who know the facts. I am sure that the Clause which we have put before the Committee will enable the medical services of the various local authorities to do all that is possible at the present time to cope with this evil, and I hope that the Committee will agree that the Clause should be added to the Bill.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.