Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
The conclusions at which the Committee arrived were that, "although the
present system was not free from risks which might be lessened, though
not wholly removed, by amendments in the existing law and practice, yet,
assuming that the strongest cases against the present system were
brought before them, allegations of _mala fides_ or of serious abuses
were not substantiated.... The Committee cannot avoid observing here,
that the jealousy with which the treatment of lunatics is watched at the
present day, and the comparatively trifling nature of the abuses
alleged, present a remarkable contrast to the horrible cruelty with
which asylums were too frequently conducted less than half a century
ago, to the apathy with which the exposure of such atrocities by
successive Committees of this House was received, both by Parliament and
the country, and to the difficulty with which remedial enactments were
carried through the legislature.... Nevertheless, the anomalous state of
the law, which undoubtedly permits forcible arrest and deportation by
private individuals and the fearful consequences of fraud or error,
have induced the Committee carefully to inquire whether any additional
safeguards may be devised."
Among the changes proposed (most of which are of the nature of
safeguards), or in some instances hinted at rather than proposed,
were:--an emergency certificate as in Scotland, signed by one medical
man, but if the patient remains in the asylum more than three days, two
fresh certificates to be obtained; in addition to report now required
after the admission of the patient, a careful statement to be prepared
from the case book and sent to the Lunacy Board at the end of the first
month; the order on which every patient is admitted to continue in force
for not more than three years, when a special report should be sent to
the Board by the superintendent, and repeated annually; the original
order to be given by a near relative as in Ireland, or some responsible
person who could be called to account; the patient being visited every
six months by the person signing the order, the "surest mode of guarding
against unduly prolonged detention consisting in frequent and careful
visitation of all places in which any lunatic is confined, with full
power placed in the hands of the Commissioners to order his discharge,
and in the more general adoption of the system of probationary release."
Reports to be sent to the Commissioners of patients kept under restraint
in private families or religious houses in the British Isles, not for
profit, provided that the reports are confidential, and the patients
confirmed lunatics, and not merely suffering under temporary
derangement. On showing good cause for such a course, any person, as in
Scotland, with the sanction of the Commissioners, to send two medical
men to test the condition of any patient under control. Personal
examination of patients, such as that made by the Chancery Visitors, to
Public-domain text, read in full here on John Shaqi.
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