The Problem of the Mentally Defective Child or Young Person
| Date | 01 July 1934 |
| Author | Arthur H. Norris |
| Published date | 01 July 1934 |
| DOI | 10.1177/026455053400102003 |
| Subject Matter | Articles |
308
The
PROBLEM
of
the
MENTALLY
DEFECTIVE
CHILD
or
YOUNG
PERSON.
ADDRESS
TO
THE
TWENTY-SECOND
ANNUAL
CONFERENCE
OF
PROBATION
OFFICERS
By
ARTHUR
H.
NORRIS,
C.B.E.,
M.C.,
D.P.H.
1~1
HE
problem
of
the
Mentally
Defective
is
a
continual
-
source
of
difficulty
in
the
Court
of
Summary
Jurisdiction
and
particularly
so
to
the
Probation
Officer,
used
as
he
is
so
generally,
as
an
adviser
to
the
Bench.
First
of
all
it
is
essential
to
have
a
clear
idea
what
we
mean
by
the
term
&dquo;mental
defective.&dquo;
A
joint
com-
mittee
of
the
Board
of
Education
and
the
Board
of
Control-the
Wood
Committee-suggested
as
a
defi-
nition :
&dquo;One
who
by
reason
of
incomplete
mental
development
is
incapable
of
independent
social
adapt-
ation
&dquo;-in
other
words,
one
who
is
incap-
able,
even
with
good
training,
of
fending
for
himself
under
ordinary
conditions
of
life.
If
in
proper
circumstances
the
law
is
properly
put
in
motion
every
such
person,
man,
woman
or
child,
could
be
certified
under
the
Mental
Deficiency
Acts
as
men-
ally
deficient.
Ordinarily
one
of
two
courses
should
follow
such
certification
:-
(z )
He
may
be
sent
to
an
institution
for
mental
defectives.
(2)
He
may
be
allowed
to
remain
at
home
or
elsewhere
under
an
Order
of
Guardianship
and
the
supervision
of
the
Mental
Deficiency
Com-
mittee
of
his
area.
(This
is
a
statutory
committee
of
the
Local
Authority).
Such
an
Order
can
at
any
time
be
varied
and
the
person
removed
to
an
institution
for
mental
defectives.
But
because
it
is
known
that
Local
Authorities
have
not
provided
sufficient
institutional
accommodation
for
mental
defectives
there
are
persons
who
should
have
been
certified
but
no
one
has
felt
it
worth
while
to
move
.
for
such
certification
with
little
probability
that
such
action
would
secure
institutional
treatment.
There
are
also
others
who
have
been
&dquo; ascertained &dquo;
to
be
defectives
for
whom
institutional
care
has
not
been
secured-
probably
the
least
serious
cases.
If
a
person
certified
as
mentally
deficient
and
under
a
Guardianship
Order
is
brought
before
a
court
charged
with
an
offence
and
definite
evidence
is
given
of
his
being
incapable
of
fending
for
himself,
even
with
the
help
of
his
guardian,
the
court
may
feel
that
by
making
a
Probation
or
Supervision
Order
he
may
with
this
additional
help
keep
straight.
This
would
be
an
exceptional
course.
More
likely
the
very
fact
of
having
committed
offences
would
be
regarded
as
additional
evidence
of
incapability,
and
if
reported
to
the
local
Mental
Deficiency
Committee
would
result
in
the
Order
of
Guardianship
being
varied
to
one
of
institutional
care.
Where,
however,
a
person
who
has
not
been
certifies
is
brought
before
a
court
and
there
appears
to
be
good
reason
to
believe
him
to
be
mentally
deficient
in
the
sense
I
have
indicated-unable
to
fend
for
himse1f-Ït
is
obvious
that
steps
should
be
taken
to
have
him
examined
and,
if
found
to
be
certifiable
under
the
Mental
Deficiency
Acts,
to
have
him
so
certified
with
a
view
to
the
securing
of
an
order
for
institutional
care
or
guardianship.
If
the
court
has
sufficient
evidence
of
mental
deficiency
it
may,
under
Section
8
of
the
Mental
Deficiency
Act,
give
direc-
tion
that
a
petition
be
presented
with
a
view
to
a
judicial
order
of
institutional
care
or
guardianship,
or
may
itself
make
an
order
forthwith
for
his
removal
to
an
institution
for
defectives.
This
power
is,
however,
limited
to
(a )
persons
charged
with
a
criminal
offence
punishable
in
an
adult
with
penal
servitude
or
imprison-
ment ;
(b)
children
who
under
the
Children
Act
of
1008
might
have
been
sent
to
an
Industrial
School.
Note,
therefore,
that
neglected
young
persons
(e.g.,those
brought
before
the
court
under
the
Children
and
Young
Persons
Act,
1933,
Section
62)
cannot
be
dealt
with
under
Section
8.
What
can
be
done
in
such
circumstances ?
His
parent,
if
the
young
person
is
under
21,
may
apply
to
the
court
for
a
judicial
order,
or,
failing
that,
the
Local
Authority
may
apply
in
any
case
where
they
can
produce
medical
evidence,
or
even
other
evidence,
to
the
effect
that
the
individual
is
mentally
defective
and
comes
under
certain
categories
enumerated
in
Section
2(1),
Mental
Deficiency
Act,
1913.
One
of
these
covers
those &dquo;who
are
neglected,
abandoned,
without
visible
means
of
support
or
cruelly
treated &dquo;
and
another
the
girl
or
woman &dquo;who
is
in
receipt
of
poor
law
relief
at
the
time
of
giving
birth
to
an
illegitimate
child
or
when
pregnant
of
such
child.&dquo;
Clearly,
therefore,
there
is
provision
for
placing
upon
the
Local
Authority
the
onus
of
arranging
for
certi-
fication
of,
and
the
care
of,
those
who
are
definitely
mentally
defective.
Now
to
turn
to
the
children
or
young
persons
who,
though
not
mentally
defective
in
the
terms
of
the
Mental
Deficiency
Acts,
are
subnormal
mentally
but
who
may
in
due
course,
with
or
without
special
training,
be
able
to
accommodate
themselves
to
their
social
environment,
i.e.,
to
fend
for
themselves-a
frequent
problem
of
the
Court
of
Summary
Jurisdiction.
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