HC Deb 30 July 1923 vol 167 cc1056-7W
Mr. RITSON

asked the Treasurer of the Household, whether in mental cases, where the appellant is an in-patient in an institution, facilities are afforded for a pensioner's friend to represent the man before the appeal tribunal at the domiciliary visit; by whom is the examination of the man made; whether in these cases the tribunal includes a mental specialist; and whether, in view of the distressing nature of these cases and the necessity of the appellant receiving every assistance, he will authorise the payment of out-of-pocket expenses incurred by the pensioner's friend?

Colonel GIBBS

Regulation 32 of the Statutory Rules and Orders provides as follows: Where owing to mental incapacity an appellant is unable to give leave for his case to be taken in his absence his next-of-kin or other near relative will be summoned before the tribunal to give evidence. If the tribunal is able to allow the appeal upon such evidence, together with the documents in the case, the appeal shall be allowed forthwith. If the tribunal is unable to allow the appeal, the secretary of the tribunal shall ascertain from the appellant's relatives, doctor, hospital or other authorities whether the appellant is able to give evidence in support of the appeal. If the reply is in the affirmative, the tribunal will proceed under Regulation 31; otherwise, the tribunal will give its decision upon the evidence before it.

Regulation 33 provides, inter alia, that there shall be paid to the appellant, or his next-of-kin, or other near relative or guardian, if summoned before the tribunal under Regulation 29 or 32, such travelling and subsistence allowance and, in the case of a successful appeal, such compensation for loss of time as may be allowed by the rules in force for the time being. The visit is made by the medical member of the tribunal, but the tribunal has power, under the Regulations, to call in the services of a specialist. If, after taking the evidence, the next-of-kin or other near relative wishes to be present at the visit at the asylum, due notification of the time and date is given.