MENTALLY DEFICIENT CHILDREN (HIGH COURT JUDGMENT).

HC Deb 04 May 1939 vol 346 cc2084-5W

Sir A. Wilson

asked the Minister of Health whether his attention has been drawn to the judgment of the King's Bench Divisional Court on 26th April as to the validity of a certificate under the Mental Deficiency Act, 1913, signed by two doctors, one of whom had not even seen the person to whose mental condition he testified; what steps he proposes to take by amending the regulations or other-vise to prevent injustices consequent upon such unprofessional conduct; and whether he will call upon the Board of Control for a special report on the subject?

Mr. Lindsay

Under the provisions of Section 31 of the Mental Deficiency Act, 1913, it is the duty of the local education authority to make arrangements, subject to the approval of the Board of Education, for ascertaining what children are incapable by reason of mental defect of receiving benefit from instruction in special schools or classes, and for that purpose to obtain in each case a certificate, in a form prescribed by the Board of Education, from a duly qualified medical practitioner approved by the Board of Education.

The Section further provides that in cases of doubt the matter shall be determined by the Board of Education. The approved arrangements require the child to be examined by the approved medical practitioner who is to give the certificate. In the case referred to in the question the court appears to have criticised the proceedings of the local education authority on the ground, first that the certificate was signed not only by the approved medical practitioner who had examined the child but also by a second medical practitioner who had not examined the child, and secondly on the ground that the case (being one of doubt) was not referred to the Board of Education for determination.

There is nothing in the approved arrangements to countenance the signing of the certificate by a second practitioner who has not examined the child, but my Noble Friend is making further inquiries in the result of which he will consider whether any change in the prescribed forms of certificate is desirable.