1	Section 47 Cumbria and Lancashire health Protection Unit
2	Section 47 national assistance Act 1948 Section 47 Section 47 makes provision for the removal to, and detention and maintenance in, suitable premises of persons in need of care and attention. It enables a local authority with responsibility for implementing public health legislation (generally a district) to seek an order from a magistrates’ court for the removal of a person from his home on the grounds that:
3	Section 47 national assistance Act 1948 a) he is suffering from a grave chronic disease or, being aged, infirm or physically incapacitated, is living in insanitary conditions; b) he is unable to look after himself and is not receiving proper care and attention from anyone else; and c) his removal is necessary in his own interests or for preventing injury to the health of, or serious nuisance to, other persons.
4	Who makes the referral The referral can be from anyone. Common sources include; General Practitioner Police Social Services Neighbours Environmental Health Officers
5	Who has the responsibility for performing a section 47 The district council has the responsibility for seeking an order under section 47 and it is the responsibility of the proper officer for this legislation within the council to carry out the assessment and present that evidence to a magistrate and provide a written certificate.
6	Evidence for pursuance of section 47 The medical officer of health can certify in writing that s/he is satisfied through inquiry and consideration that; That it is in the interests of such person residing in the authority or or for preventing injury to the health of, or serious nuisance to others Application can be made to a court of summary jurisdiction (magistrates) by an appropriate authority for an order to remove the person from the premises where he/she is residing. See later for conditions
7	Evidence for section 47 Written certificate by the Medical officer of health and Oral evidence in court
8	The details of the judgement It should include; The officer of the appropriate authority authorised to carry out the removal The place of safety, normally a hospital or part 3 accommodation within convenient distance of the place the person was residing. Not a treatment order only observation may be carried out
9	Conditions The person in charge of the premises to which the person is being removed to must have 7 days notice or must be present at the proceedings The maximum period of detention is 3/12 although it can be renewed After 6 weeks detention the detained person has a right of appeal.
10	Section 47 conditions 7 clear days notice must be given to the to whom the order relates or the person in charge of him/her and the time and place of the hearing, this also applies to revocation hearings (appeals) where the medical officer of health must be notified Notices may be served by post There are penalties for anyone obstructing such an order. (scale 1 : £200)
11	The National Assistance Act 1951(Amendments) The 1951 amendment allows the action to be made without the requirement of seven days clear notice if; 1. The person is certified by the medical officer of health and another registered medical practitioner 2. The manager of the hospital or other establishment agrees to the placement 3. The order can be authorised by a court of summary justice or by a single justice with jurisdiction 4. The application is made by an authorised officer of an appropriate authority
12	The National Assistance Act 1951 (Amendments) The duration of the order under this amendment will only be for three weeks and the person to whom it applies will have no right of appeal.
13	Interpretations The person to whom the order is applied for has to be; Suffering from a grave chronic disease or Aged and be living in insanitary conditions or Infirm and be living in insanitary conditions or Physically incapacitated and living in insanitary conditions AND unable to devote to themselves, and are not receiving from others, proper care and attention.
14	Interpretations The Medical Officer of Health can be construed as meaning the proper officer A proper officer is ‘an officer appointed for that purpose by that body’ The role of the proper officer is to complete the necessary certificate and if require to give evidence no more.
15	Interpretations The 1951 amendment can only apply if ; It is certified by the medical officer of health and another registered medical practitioner that in their opinion it is necessary in the interests of that person to remove ;him’ without delay. The grounds of ‘ for preventing injury to the health of, or serious nuisance to, other persons’ is not available under the 1951 emergency procedure.
16	Property of the detained The property of the detained (moveable items) can be made secure if there is a danger of loss or damage under the National Assistance Act 1948 (48). This gives rights of entry to the council at all reasonable times to affect this work. ?Could this section be used for debris removal and cleaning. The authorised council for this section is the local authority for the purposes of the Local Social Services Act 1970.
17	Case History Lessons Learnt Involve the local council at an early stage Stick to the certification of the person and the presentation of medical evidence. Assist but do not take responsibility for other areas Be reluctant to invoke this power, other solutions often present even at a late stage Ensure adequate legal support Use the original act without amendment where possible from the point of view of violating human rights.
18	The Human Rights Issues The Human Rights Act 1998 came into force on 2 October 2000. Section 6(l) makes it unlawful for a public authority to act in a way which is incompatible with the European Convention on Human Rights (ECHR)). Three possible ways in which a detention under the National Assistance Act 1948 section 47 (1) could be incompatible with the ECHR are noted below. Depending on the circumstances of individual cases, a detention might also be incompatible with the ECHR in other respects.
19	The Human Rights Issues Right to Liberty Article 5 of the ECHR provides that “everyone has the right to liberty and security of person.” S47/s1 detentions may infringe the right to liberty, and so be incompatible with the ECHR unless they fall into one of the exceptional cases in Article 5( 1) and are in accordance with a procedure prescribed by law. The exceptional cases are spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants
20	The Human Rights Issues Right to respect for his private and family life, home and his correspondence Article 8 of the ECHR provides that “everyone has the right to respect for his private and family life, his home and his correspondence.” However the right to respect for private and family life is a qualified right. Article 8(2) provides, amongst other things, that there may be interference with the right “for the protection of health” if the action taken is “such as is in accordance with the law and is necessary in a democratic society”.
21	The Human Rights Issues Right to appeal against detention Article 5(4) also provides that everyone who is deprived of his liberty by detention “shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court”. The lack of provision for an appeal against an order under section 1 of the National Assistance Amendment Act 1951 (para 6 above) is likely to be incompatible with this requirement.The six weeks which need to elapse before an order for a section 47 removal can be challenged (para 5 above) might be found to be incompatible with the requirement of speediness.
22	Final Note If in Doubt : Look for other solutions Try to persuade the person Be innovative in providing support Only act when action is inevitable or to protect the person Do encourage applications Consider your ethical and legal position