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Centre for Policy on Ageing | |
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| The ethics of compulsory removal under Section 47 of the 1948 National Assistance Act | | Author(s) | Sarah Jane Hobson |
| Journal title | Journal of Medical Ethics, vol 24, no 1, February 1998 |
| Pages | pp 38-43 |
| Keywords | Compulsory admission ; Social ethics. |
| Annotation | Section 47 of the National Assistance Act 1948 is "for the purpose of securing the necessary care and attention for persons who: are suffering from grave chronic disease, or being aged, infirm or physically incapacitated, and living in insanitary conditions; and are unable to devote to themselves, and are not receiving from other persons, proper care and attention". This paper examines the use of orders allowing compulsory detention of competent adults under Section 47. These orders are used infrequently, and so their justification is little discussed and often overlooked. However, they involve serious infringements of civil liberties and human rights of those affected. It is argued that all previously presented justifications for the use of these orders fail. Given that society has changed since it was drafted, repeal of the Act is called for. The Law Commission has drafted alternative legislation, but this has not been enacted. Until this occurs, local authorities, the Faculty of Public Health Medicine and individual public health physicians should refuse to be involved in its use. (RH). |
| Accession Number | CPA-981020235 A |
| Classmark | QKH:VR: TQ |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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