HC Deb 01 April 1957 vol 568 cc11-3
16. Dr. D. Johnson

asked the Minister of Health what steps are taken to inform the parents and relatives of certified mental defectives detained in institutions of their right to have an independent doctor's report presented at the periodic review of certification.

Mr. Vosper

There is no such statutory right, but the hospitals and the Board of Control are always ready to help relatives in making arrangements for such examinations at any time.

Dr. Johnson

Is my right hon. Friend aware that there is the impression abroad that the hospital and institution authorities are neither as helpful nor as informative as they might be on this question, and, as the parents in this type of case in particular are usually people in need of some form of advice, can he not look into the matter and make some regular arrangements for notification of what is really a fundamental right?

Mr. Vosper

I am sorry that my hon. Friend should think that the hospital authorities are not helpful, because that has not been my experience. But both I and the Parliamentary Secretary are always prepared to investigate all the individual cases which my hon. Friend sends to us.

21. Mr. Dodds

asked the Minister of Health by what authority a person certified as a mental defective is required to be recertified after escaping from an institution; what period of time must elapse during the time they are free to necessitate certification; and what is the reason for the difference in practice in such cases and in cases where a person certified under the lunacy laws escapes.

Mr. Vosper

An Order made under the Mental Deficiency Act, 1913, does not cease to have effect when a patient absconds but continues in force until the statutory period expires. Unless continued by the Board of Control, an Order expires at the end of the first, second, and, thereafter, every fifth year from the date of the Order. As regards the last part of the Question, the difference is not one of practice but of law.

Mr. Dodds

Is it not a fact that, where a patient has been certified as insane and absconds and remains clear for fourteen days, the certification falls, whereas a patient who has been certified as mentally defctive can be clear for twenty years and still remain certified? Is it not fantastic?

Mr. Vosper

I have told the hon. Gentleman that it is a difference of law. It is undoubtedly a matter which will be considered by the Royal Commission.

36. Dr. D. Johnson

asked the Minister of Health what steps are taken to inform persons who have been certified and detained in mental hospitals under the provisions of the Lunacy Act of their legal right under Section 82 of the Act to obtain free of charge from the Board of Control copies of the certificates stating the reasons for their committal to hospital.

Mr. Vosper

Action under this Section arises only upon the discharge of a person who considers himself to have been unjustly confined as a person of unsound mind, and where such cases come to the notice of the Board the documents are furnished.

Dr. Johnson

Is my right hon. Friend aware that, though the lady to whom my next Question refers communicated with the Lord Chancellor, my right hon. Friend's Ministry, the Board of Control and numerous other people, she still, two years after discharge, was unaware of those rights?

Mr. Vosper

I will look at that matter, but I have been advised that, as soon as her complaint was brought to the notice of the Board of Control, the documents were furnished.

37. Dr. D. Johnson

asked the Minister of Health if he will appoint an independent inquiry into the circumstances of removal to hospital of the former patient, who considers herself to have been unjustly certified and detained in a mental hospital, and particulars of whose case have been supplied to him by the hon. Member for Carlisle.

Mr. Vosper

No, Sir. Neither I nor the Board of Control has power to investigate the circumstances under which the justice made an order for the lady's reception into mental hospital care, since such an order can be quashed or set aside only by the courts.

Dr. Johnson

Is my right hon. Friend aware that in this lady's certificate, a copy of which I have here, there is not one single point of medical evidence of insanity? Since one of the prominent reasons given was that she was extremely aggressive to the officers concerned, will my right hon. Friend at least give the House an assurance that it is not the policy of the Department to remove people to mental hospitals merely to cure them of aggression?

Mr. Vosper

I most certainly give my hon. Friend that assurance. The lady in question has legal redress, but I have no power to conduct an inquiry.

Dr. Johnson

In view of the unsatisfactory nature of the first reply, may I give notice that I shall raise the matter on the Adjournment?