HC Deb 30 July 1956 vol 557 c914
48. Mr. Blenkinsop

asked the Minister of Health how many of the neglected persons whose cases have been reviewed are still retained in mental institutions and under what authority.

Miss Hornsby-Smith

Of the cases reviewed, 2,172 are still detained in mental deficiency institutions on the authority of orders made by judicial authorities under the provisions of the Mental Deficiency Acts.

Mr. Blenkinsop

Do I understand from that Answer that in these cases fresh legal powers have been obtained for continued detention, and that the Minister is no longer relying on powers which he considered adequate in the past but which court action has proved not to be adequate?

Miss Hornsby-Smith

No. The order of the judicial authority constitutes proper legal authority for the detention of the patient, unless and until it is set aside by a court of law. It should not be assumed that all the orders made by judicial authorities would necessarily be set aside if challenged. The review is, however, continuing.