HC Deb 24 February 1958 vol 583 cc23-4
21. Mr. Dodds

asked the Minister of Health if he is aware of the concern arising from the fact that on 1st December, 1957, there were 4,455 mental defectives detained in mental deficiency hospitals who were certified as mental defectives on the ground of being found neglected, when they were at the time and had been for some time previously in the care of homes of local authorities or an approved charitable organisation; and how many have been certified in this way during the years 1956 and 1957, respectively.

Mr. Walker-Smith

All these cases have been reviewed. The answer to the second part of the Question is: None, since 9th March, 1956, the date of the High Court judgment in Regina v. Board of Control ex parte Rutty.

Mr. Dodds

Does not the right hon. and learned Gentleman remember—it is in HANSARD—that he himself gave the information that 4,555 mental defectives were certified as being found neglected when they were already in an approved home or a local authority home? Is it not a fact that when these people get too old to remain in those homes we have been using the expedient of certifying them and sending them to mental institutions, because we have not provided more suitable places? The Minister gave the information.

Mr. Walker-Smith

I am not in any way resiling from the figure I gave to the House. Owing to discharges, it has now gone down to 4,403. As the hon. Gentleman will appreciate, the Board of Control was following what had been the accepted practice until the judgment in the Rutty case. Its difficulty now is that people cannot be discharged until there is somewhere appropriate for them to be discharged to. The hon. Gentleman, who is well familiar with the Rutty judgment, may gain some further guidance if he will study the words of Lord Justice Jenkins in the Farrow case.

Mr. Blenkinsop

Does not this information reinforce our demand that the Government should make up their mind about further financial assistance to enable local authorities to provide more accommodation in cases such as these?

Mr. Walker-Smith

It is a relevant factor in the determination of what should be done in the way of local authority accommodation, though there are other factors which also have to be taken into account, as the hon. Gentleman will know.