Mental Defectives and Sexual Offenders / Report of the Committee of Inquiry Appointed by the Hon. Sir Maui Pomare, K.B.E., C.M.G., Minister of Health

by New Zealand. Committee of Inquiry into Mental Defectives and Sexual Offenders

Section 7.—Method of dealing With Mental Defectives in New Zealand.

Present Legal Provision for Notification and Education of Feeble-minded Children, and for Care of Custodial Feeble-minded Adults and Children.

The Education Act, 1914, contains provision (see section 127) for the establishment of special schools for the education and training of afflicted children (deaf, blind, feeble-minded, and epileptic) between the ages of six and twenty-one years, with provision in the case of inmates of special schools for extension of the period of detention where it is considered necessary in the public interest. For the purposes of this Act,—

"'Feeble-minded child' means a child who, not being an idiot or imbecile or otherwise a proper person to be sent to an institution under the control of the Mental Hospitals Department, and not being merely backward, is by reason of mental or physical defect incapable of receiving proper benefit from instruction in an ordinary school, but is not incapable by reason of such defect of receiving benefit from instruction in a special school."

"'Epileptic child' means an epileptic child who is unfit by reason of severe or frequent epilepsy to attend an ordinary school, but is not idiot or imbecile or otherwise a proper person to be sent to an institution under the control of the Mental Hospitals Department."

Section 127: "(2.) It shall be the duty of the parent of any ... feeble-minded or epileptic child to provide efficient and suitable education for such child."

"(3.) If the parent of such child fails to provide such education for such child, or is deemed by the Minister to be unable to provide such education, the Minister may direct that such child be sent to such special school or other institution for the education of feeble-minded or epileptic children as he thinks fit."

Section 129: "Every parent, teacher of a school (either public or private), constable, or officer of a charitable or kindred institution who is aware of the place of residence (either temporary or permanent) of a blind, deaf, feeble-minded, or epileptic child, and the householder in whose house any such child resides, shall send notification of the fact to the Minister, giving name, age, and address of the child; and if any such person neglects or fails to comply with this provision, such person shall on conviction thereof be liable to a fine not exceeding one pound, or in the case of a second or subsequent offence, whether relating to the same or another child, not exceeding five pounds."

Section 56: "Every public school shall be organized and conducted in accordance with regulations (a copy of which shall be conspicuously put up in the school): Provided that the Minister may, on the application of the Board, sanction the establishment of special classes for backward children—that is, children who, through physical infirmity, absence from school, or otherwise, are below the average standard of education reached by other children of the same age."

The Mental Defectives Act, 1911, divides mentally defective persons into six classes, as under:—

"'Mentally defective person' means a person who, owing to his mental condition requires oversight, care, or control for his own good or in the public interest, and who, according to the nature of his mental defect, and to the degree of care, oversight, or control deemed to be necessary, is included in one of the following classes:—

"Class I: Persons of unsound mind—that is, persons who, owing to disorder of the mind, are incapable of managing themselves or their affairs.

"Class II: Persons mentally infirm—that is, persons who, through mental infirmity arising from age or decay of their faculties, are incapable of managing themselves or their affairs.

"Class III: Idiots—that is, persons so deficient in mind from birth or from an early age that they are unable to guard themselves against common physical dangers, and therefore require oversight, care, or control required to be exercised in the case of young children.

"Class IV: Imbeciles—that is, persons who, though capable of guarding themselves against common physical dangers, are incapable, or if of school age will presumably, when older, be incapable, of earning their own living by reason of mental deficiency existing from birth or from an early age.

"Class V: Feeble-minded—that is, persons who may be capable of earning a living under favourable circumstances, but are incapable from mental deficiency existing from birth or from an early age of competing on equal terms with their normal fellows, or of managing themselves and their affairs with ordinary prudence.

"Class VI: Epileptics—that is, persons suffering from epilepsy."

This is similar to the classification in the English Mental Deficiency Act, which also includes the following definition:—

"'Moral imbeciles'—that is, persons who from an early age display permanent mental defect, coupled with strong criminal or vicious propensities, on which punishment has little or no deterrent effect."

In the opinion of the Committee it is very important that a similar definition should be included in any amendment of the New Zealand Act.

A Magistrate may order the committal to an institution of any person coming within these definitions if he is satisfied that such person is mentally defective and two medical men give a certificate to that effect. Persons coming under the description in Classes I, II, III, or IV are committed to the mental hospitals, but there seems to be considerable reluctance both on the part of medical practitioners to certify and of Magistrates to commit to a mental hospital epileptics and those described as "feeble-minded." Evidence was given before the Committee to the effect that there would not be the same disinclination to send these classes of patients to a special institution such as a farm colony or an industrial colony.

Apart from the residential special schools, special classes have been established in connection with public schools in each of the large centres of population throughout the Dominion with promising results.

The Committee visited the special classes in one of the centres, and were impressed with the sympathetic attitude of the teachers towards their scholars and the happy appearance of the children, who seemed to be keenly interested and busy over their appointed tasks.

There is as yet no special provision in New Zealand for the education of epileptic children. Fortunately, the number of these is apparently small, but, as in many cases it is undesirable for them to attend the ordinary classes of the elementary schools, the question of arranging for their tuition otherwise requires earnest consideration.

Following on legislative authority contained in the Education Act already referred to, provision for feeble-minded children, within the meaning of the Act, was made by establishing the special school at Otekaike, near Oamaru, with accommodation for 195 boys, and some years later a similar institution was opened at Richmond, near Nelson, with provision for about eighty girls.

These institutions contain two separate divisions, providing for—(1) The training of children of school age, and (2) the instruction of young persons over school age in handicraft and farm-work.

Both institutions have modern and well-equipped day schools with trained women teachers, and at Otekaike the industrial division is provided with workshops and instructors in trades and handicrafts.

The children are housed in modern and well-appointed cottage homes, each with accommodation for thirty-five, and are supervised by selected women attendants.

The Committee visited and inspected both Otekaike and Richmond, and were very favourably impressed with the healthy environment and careful management of these institutions, and with the humane and sympathetic methods adopted for the purpose of making the best of imperfect human material.

At both places physical exercises, musical drill, and organized games form an important part of the training, and the teachers deserve commendation for the efficiency of the pupils in these respects and their general appearance of physical fitness.

Moral training and training in habits of personal cleanliness and prompt obedience form an important part of the curriculum, and the effects are noticeable in the quick movements and alert attitude of the inmates. The girls at Richmond receive training in domestic work, needlework, knitting, darning, &c., according to their ability.

The children are taught various kinds of handiwork, and by grouping them according to mental capacity they are given a school course modified to suit the individual. In the industrial division at Otekaike, baskets, sea-grass furniture, and all kinds of wickerware and coir mats are well made, and are readily sold. Bootmaking and repairing for the institution are also carried out by certain of the inmates under a practical man. Attached to Otekaike there is an area of land where farming, gardening, and fruitgrowing absorb most of the labour of the older inmates.

At Richmond the area of land available for cultivation is limited, but even so it occurred to the Committee that something more might possibly be done in the direction of providing congenial and profitable work for the older girls, as, for instance, the growing of flowers for sale in the Wellington markets.

At Otekaike, after training, the best types of the older inmates are placed out, usually with farmers in the district, and for the most part are leading useful lives under the supervision of the local Juvenile Probation Officers of the Education Department.

The matter of placing out girls from the school at Richmond is obviously one of much greater difficulty.

At both Otekaike and Richmond there is a growing group of custodial cases, due to the fact that in many instances the parents or guardians are either unable to provide proper protective measures for the children if released, or are unsuitable in other ways to have the control of them. On the other hand, there is reluctance on the part of medical practitioners to certify such cases for a mental hospital. It is very desirable, of course, that the special schools should be used as trying-out places for children whose mental equipment is questionable, but where after a reasonable trial it is evident that merely custodial care is required there should be some simple method of passing them on to farm colonies or suitable custodial homes.

As a matter of fact, the school at Richmond has its full complement of pupils, and as many cases have now to be refused admission it is urgently necessary that other provision should be made, especially for the older girls needing custodial care.

Mention should also be made of a visit paid by the Committee to the industrial school at Caversham, which deals with girls and young women who have failed to make good when placed out under supervision in the community. There is a small clothing-factory attached to the institution, which provides useful employment for certain of the better-type girls. It is stated that, even under present conditions, which are not altogether satisfactory, the majority of the Caversham girls benefit from the training they receive to such an extent that they can be trusted to earn their living in the community under supervision.

The Committee, however, are of opinion that the buildings and site are most unsuitable for such an institution. Little level space is available for recreation purposes, the property is overlooked at the back, and the location and general plan of the buildings are such that the utmost vigilance has to be exercised. For the inmates belonging to the reformatory section it is considered that such an institution should be situated in the country with sufficient suitable land to permit of gardening and farming on a small scale. This would afford healthful occupation for the inmates and contribute towards their support. Such an institution should be so situated as to be readily accessible from all parts of the Dominion.

In the matter of the admission of young offenders over sixteen years of age to the Caversham Industrial School, and also to the Boys' Training-farm at Weraroa, the Committee found that in these cases the Courts have no authority to commit direct, but must first sentence the young person to imprisonment and then recommend transfer to an industrial school. Such a system is not only cumbersome, but is fundamentally wrong, and should be remedied as soon as possible. The Courts should have discretionary powers to commit any young offender under eighteen years of age direct to an industrial school.

At Caversham there is a small proportion of the inmates who should be transferred to a Borstal institution. This refers to the so-called "over-sexed" girl, and the girl with strong anti-social proclivities, who should be confined to an institution where there is provision for segregation and treatment of refractory cases. In many instances these young women should be kept under control for a considerable period. Many are hopelessly immoral, and in the interests of society should not be allowed their liberty.

That section of the Caversham institution comprising children committed to the care of the State on account of destitution or unsuitable conditions in their homes would be better provided for in a separate receiving home. This would be in accord with the practice obtaining in all the other centres.

The Education Department deals with all children committed to the care of the State for causes varying from destitution to delinquency. The procedure is for the police to charge the children and for the Magistrate to commit them to the nearest receiving home, where they are kept under observation, trained in proper habits, and so forth, and as soon as possible, if they exhibit no anti-social traits, placed out in selected foster-homes. The Department holds the view, shared by leading authorities, that home life, however humble, provided the foster-parents are suitable people, is better than institution life for the majority of the children who are cast on the State for sustenance and protection. The supervision of these cases, and the selection of employment for them when they become old enough, are carried out by the nurses, Managers of receiving homes, and Juvenile Probation Officers of the Education Department. Several of these officers gave valuable evidence in the course of this inquiry. These officials not only look after the welfare of the children brought under State control, but also carry out a great deal of preventive work in the way of advising parents and supervising children, who by their timely and kindly intervention are saved from coming within the scope of the law.