HC Deb 26 March 1958 vol 585 c47W
69. Sir W. Anstruther-Gray

asked the Secretary of State for Scotland whether a review has been made of mental defective patients detained in Scotland comparable to that under which the Ministry of Health has discharged 814 persons pursuant to the decision of the High Court of 9th March, 1956, in the case of Miss Kathleen Rutty; and if he will make a statement.

Mr. Maclay

The orders made by Sheriffs placing mental defectives in institutions are made after due inquiry. The General Board of Control has no duty or authority to examine the grounds of a Sheriff's order, but it carries out, of course, its statutory duty to review the continued detention of such defectives, after a year and then at three yearly intervals, having regard to the question whether it would be in the patient's interest to remain in the institution.

The General Board of Control for Scotland is, however, considering, with full regard to the differences in the law of the two countries, whether any action is appropriate.