Destroying Medical Certificates, 17th July 1917

An art teacher took legal action against the president of the Nottingham Army Medical Board for destroying medical certificates attesting to his poor health. Thomas Hickton Charlesworth was successful in his claim heard at the Guildhall on 17th July 1917.

“CERTIFICATES TORN UP.

“NOTTINGHAM DESIGNER AND THE COLONEL.

“MAGISTRATES GRANT SUMMONS.

“Some sensation was created in Court at the Nottingham Guildhall to-day [17th July 1917] when Ald. E. Hunstman applied to the magistrates for a summons against Lieut.-Colonel Freyer, president of the local Army Medical Board, for wilfully damaging personal property belonging Thomas Hickton Charlesworth, a designer and technical instructor at the Nottingham School of Art, and who resides on Ewart-road, Nottingham.

“In making the application, Ald. Huntsman explained that Mr. Charlesworth was under an obligation in accordance with the terms of the Military Service Act to submit himself for medical examination, and he did so in Nottingham on July 5th. As his health had been very indifferent for some years, he, as was customary, took with him three medical certificates from doctors who were in a position to know the real state of his health. These had been given at various dates by Drs. Tresidder, Anderson, and Stewart.

“At Stanford-street Mr. Charlesworth was examined by certain doctors, who treated him with every courtesy, and the president of the Medical Board directed that he should be classified in a certain way. When the classification was thus settled Mr. Charlesworth asked for the return of his three certificates. Lieut.-Col Fryer then deliberately and unlawfully tore them up, and threw them on the floor. He had no right to do so. The certificates were of the greatest importance to Mr Charlesworih, because they were the evidence which he would have to rely in confirmation of his state of health before the local tribunal, where he was due to appear to-morrow [18th July 1917]. When he now appeared he would only have the medical classification card. Under the circumstances, observed Ald. Huntsman, there was no alternative but for people treated like this to seek redress in the civil courts. He therefore applied for a summons against Lieut.-Colonel Freyer, charging him with unlawful destruction or injury, by tearing up certain medical certificates. The value of those certificates put down at £1 12s. 6d. Ald. Huntsman added that the action of the president of the Medical Board was illegal and unwarrantable, and there was an important principle involved. It was not merely the question of the £1 12s. 6d.. but whether a man should be protected against unwarrantable and unlawful action.

“The magistrates (Mr. T. Gascoigne and Ald. E. Mellor) granted the summons.”

'Nottingham Evening Post', 17th July 1917.