Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII.

  • Great Britain. Royal Commission on the Care and Control of the Feeble-minded.
Date:
1908
Catalogue details

Licence: In copyright

Credit: Report of the Royal Commission on the care and control of the feeble-minded, Volume VIII. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

    379/552 (page 347)
    D.-PROCEDDRE IN REGARD TO MENTALLY DEFECTIVE PERSONS (d)-Modifications of the Lunacy Act, 1890. (Recommendations LXVIII,-LXXI.) (d) MODIFICATIONS OF THE LUNACY ACT, 1890. (Recommendations LXVIII. to LXXI.) Recommendation LXVIII. That Sections 4 to 8 of the Lunacy Act, 1890, he altered in the manner stated below: See paragraphs [N.B. The following is a transcript of Sections 4-8 of the Lunacy Act, 1890, as proposed Reception orders 719-727. to Ijq amended. on Petition The principle of these alterations is to adopt the system in force under the Lunacy Acts applicable to and extend it to all classes of mentally defective persons as defined in Recommendation IV., mentally defective without regard to the question whether they are “paupers ” or not. persons. (1) The word “ lunatic ” is replaced by “mentally defective person” throughout, and the word “pauper” eliminated. (2) The Committee may through its representative, present a petition as “next friend” of the mentally defective person where it thinks such petition ought to be presented, either at the request of the relatives or when the relatives or friends have failed to act (Sec. 5 (5)). (3) The judicial authority may select a suitable institution or house or leave the selection to the Committee, in cases where the relations or friends of the mentally defective person have failed to select one (Sec. 6 (1)). (4) The order of the judicial authority should state whether or not the patient has been personally examined by him (Sec. 6 (2)). The alterations made in the sections of the Lunacy Act are designated as follows :— Additions are made in italic print, and words deleted are printed within square brackets, i.e., [ ]. As to the procedure in regard to persons under 21 coming under classes (3) to (9) of Recommendation IV. without the intervention of a “ judicial authority,” see Recommendation LII. above.] PART I. Reception of Lunatics. Reception Orders on Petition. 4—(1.) Subject to the exceptions in this Act mentioned, a person, not being [a pauper Pri\ate patients not or] a [lunatic] mentally defective person so found by inquisition, shall not be received and detained as a [lunatic] mentally defective person in an institution or house for [lunatics] impusition to be mentally defective persons or as a single patient, unless under a reception order made by received only unde the judicial authority hereinafter mentioned. A relative of the person applying for an authority' order under this section or of the [lunatic] menudly defective person, or of the husband or wife of the [lunatic] mentally defective person, shall not be capable of making such order. (2.) The order shall be obtained upon a private application by petition accompanied by a statement of particulars and by two medical certificates on separate sheets of paper. S.—(1.) The petition shall be presented, if possible, by the husband or wife or by Petition for a relative of the alleged [lunatic] mentally defective person. If not so presented it shall order, contain a statement of the reasons why the petition is not so presented and of the connexion of the petitioner with the alleged [lunatic] mentally defective person^ and the circumstances under which he presents the petition. (2.) No person shall present a petition unless he is at least twenty-one years of age and has within fourteen days before the presentation of the petition personally seen the alleged [lunatic] mentally defective person. (3.) The petitioner shall in the petition undertake that he will personally, or by someone specially appointed by him, visit the patient once at least in every six months; and the undertaking shall be recited in the order. (4.) The petition shall be signed by the petitioner and the statement of particulars by the person making the statement. (5.) Notwithstanding anything contained in this section, the Committee of any Council of a County or County Borough for the care of the mentally defective, may authorise its Medical Officer or one of its Medical Officers to present a petition as next friend of the alleged mentally defective person in any casetohere the Committee deems it advisable so to do, either at the reguest of the rela.tives, or in eonscguence of any failure, for any reason, on the part of any husband, wife, or other relative of the alleged mentally defective person so to present a petition, and where the Committee is advised by its Medical Officer or one of its Medical Officers that such petition ought to be presented. 6.—(1.) Upon the presentation of the petition the judicial authority shall consider the allegations in the petition and statement of particulars and the evidence of [lunacy] menial defect appearing by the medical certificates, and whether it is necessary for him personally to see and examine the alleged [lunatic] mentally defective person; and, if he is satisfied that an order may properly be made forthwith, he may make the same accordingly either directing the admission of the mentally defective person to a particular institution or house ichich the petitioner, his relative, or friend may desire, or failing that, which in his opinion, on the evidence submitted to him or his personal hnoxvledge, is suitable for the admission of the said person or directing the admission of the mentally defective person to an institution or house Procedure upon 1 etition for a recejition order.