Chapter 2 — Upton

Physical abuse

In 2002, Fr Matthew Gaffney, the Provincial of the Irish Province of the Institute of Charity, submitted a general statement on behalf of the Order to the Committee. In this statement, he accepted that corporal punishment was used as ‘a general disciplinary measure’, and was also used as ‘a punishment or deterrent’ for bed-wetting, absconding and other infringements. The use of corporal punishment, he said, had to be seen in two contexts: first, from the perspective of the Institution, and second, in the light of the ‘social attitudes of the time’. From an institutional perspective, he asserted that the ‘maintenance of control was an absolute necessity’, and was achieved through the use of corporal punishment. He accepted that its use ‘produced a disciplinary environment in which the distinction between punishment and abuse could become blurred’. Indeed, he accepted that abuse had occurred in the administration of some corporal punishment, and he apologised for this fact.

In their Opening Statement, dated 17th June 2004, the Rosminians reiterated their awareness ‘that corporal punishment has led to abuse’ and ‘was known from time to time to have been excessive’. But they asserted that the use of corporal punishment was regulated to some extent by ‘the spoken instructions of the Manager of the School, recording, and by trust in the judgement of those in charge’.

Having heard the evidence at the Phase II private hearings, the Order were willing to make more concessions on this issue. In their written Submission in 2006 after the Phase III hearings, the Order accepted that corporal punishment ‘was often used to excess’ and was ‘generally too readily used as a solution to the problems of the Schools’. Departing from their earlier stance, they conceded that ‘the standards of the time are not an adequate excuse or explanation’. They went further, and conceded that the problems with corporal punishment were partly due to its discretionary and unregulated use, particularly by the Prefects who were unsupervised.

They submitted that: The susceptibility of corporal punishment to abuse seems inherent. If left to discretion, a cause can always be found for its use, especially where authority is threatened or insecure.

Fr O’Reilly at the Phase III public hearing referred to the inherent difficulties in using corporal punishment in circumstances where there were no clear policies or guidelines. He described it as ‘a trap’: Corporal punishment is a trap, if you allow corporal punishment without having the most clear guidelines possible, it is a trap, it is a trap for everybody. It is a trap for the boys and a trap for the adults. Because what you are saying is it is okay to hit children. And there are times when they do things that are wrong and that are very, very wrong, and that cause an enormous problem for the entire Institution. So inside yourself you think, “well, it is okay”, and the only response is to punish even more. It is a trap.

He did concede that, at times, ‘the punishments that children received were brutal’.

The Order admitted that corporal punishment was used for absconding. Absconding was a serious problem, because of concerns for the safety of the boys, and the possibility that they could damage neighbours’ property. Fr O’Reilly conceded at the Phase III hearing that ‘boys who ran away were often severely punished because of the problem that it created in the School, the unease that it created among the rest of the boys’. The punishment administered was either slaps on the hand or on the buttocks with a leather strap. He conceded that, on occasions, boys had to remove their trousers for punishment. While each absconding was recorded, reasons for absconding were not. He agreed that many ran away because they were homesick, fearful or deeply unhappy in Upton. He also accepted the possibility that boys absconded because of physical or sexual abuse. He acknowledged that, from time to time, boys’ heads were shaved as part of the punishment for absconding. All children who absconded were punished, and ringleaders were likely to be punished more severely. One form of punishment was ‘benders’, the administration of the strap on the buttocks, but, he asserted rarely on the bare buttocks.

The Order also accepted that boys who wet their beds were given corporal punishment. They were known as ‘slashers’ and had their own section of the dormitory. Between 10 and 25% of the boys wet their beds, and for most of the period covered by the inquiry would have been ‘slapped’. Towards the later years there was ‘less slapping’ for bed-wetting. The Rosminians also accepted that boys had to take their wet sheets to the laundry in front of other boys and, while it may not have been the intent, the Order accepts it was deeply embarrassing for them.

The Institution was run on regimented lines and the daily routine was subject to a strict regime of order and discipline. The Prefects’ main purpose was to maintain discipline and control over a large number of boys, and this they did by using corporal punishment. The job was described by Br Marcello,3 who was in his early 20s when he arrived to take up the position of Assistant Prefect in Upton in the mid-1960s. He said, ‘our work, or job was to contain the thing so that everything else ran, to a certain extent, fairly smoothly’.

He was questioned about his use of the word ‘containment’ to describe the situation, and he reiterated that this term did describe how he felt. He felt he had to ‘contain’ situations in order to ensure that they did not blow out of proportion. The Prefects were constantly vigilant for potential trouble.

He explained that discipline was maintained through the use of the strap or giving the boys a ‘clatter’, the term used for a blow with the hand. Corporal punishment was used on a regular basis and, with 100 boys to control, ‘someone was getting it more or less all the time’. The range of offences that resulted in corporal punishment varied. Something small, like talking in the line for example, would warrant a ‘clatter’, but serious incidents were severely punished. He recalled giving a boy eight slaps of the leather on each hand for stabbing one of his companions in the tailor shop, and then being told by the Senior Prefect that he had not given the boy enough slaps. He was asked what, in his view, was the purpose of corporal punishment. He answered: Discipline, it was necessary. Because there were only two of us and any relaxation of discipline at that particular time could have caused havoc in the school. That was the position we had at that particular time. We thought that it was necessary ... I still think in the circumstances there it was necessary.

The boys were punished on the spot for minor offences by whoever was in charge. More serious offences that warranted ‘fairly severe punishment’ were dealt with by sending the boy to the Prefect’s office for punishment, usually administered with a leather strap.

He conceded that boys could be punished on the spot with ‘a clatter’ and then could be sent to the office for further punishment. The Prefect never inquired if a boy had already been punished, so it was possible that boys would be punished more than once for the same offence. Many of the witnesses felt aggrieved over this fact.

When asked whether corporal punishment was a first or last resort for the Prefect, he replied: I think it was always the first resort ... We didn’t have any other resorts ... A lot of the time I was frightened because at any time, if there was a concerted effort by the boys they could have flattened me.

He had no training for dealing with delinquent boys, nothing in his religious or scholastic training prepared him for it. There was no coherent scheme or policy for the boys in those years: It was piecemeal, it was different little things we did, but there wasn’t the concerted effort that we have made in the last 20 years.