10,992 entries for State Inspections

In its Opening Statement and at the Second Public Sitting on 20th July 2000, the Commission announced its intention to conduct a research project. The Third Interim Report outlined the proposed project.30 Difficulties were encountered in setting up the project, and the Commission under Mr Justice Sean Ryan revised the scheme in consultation with Professor Alan Carr of the Department of Psychology, University College Dublin. It was undertaken in 2005 and 2006. There were 247 residents of institutions who gave evidence to the Commission and were interviewed by Professor Carr’s research team. The report containing the results of the research study is published in full in Volume IV of this report.

The ‘research study’ stands alone and separate from the work of the Commission, and its conclusions were not taken into account in the reports submitted by the two Committees to the Commission. The ‘research study’ comprises original research which adds to the knowledge of this field of study.

The earliest provision in Britain and Ireland for destitute children is to be found in the Act for the Relief of the Poor of 1598. It provided for the appointment in every parish of ‘overseers of the poor’ with, among other specific duties, those of ‘setting to work the children of all such whose parents shall not be thought able to keep and maintain their children’. In 1771, legislation was enacted, under which overseers were appointed to arrange for the maintenance and education of orphaned or deserted children out of money raised by the parish. It was envisaged, too, that work-houses were to be built, financed either by voluntary contribution or, if these were not forthcoming, by official grants. In fact, neither was available on anything like the scale necessary to meet the need. By the late eighteenth and early nineteenth centuries, in both Ireland and Britain, the rapid growth of populations meant that the parish ceased to be a viable unit for the administration of relief. Destitute children roamed the countryside or streets, foraging for food and pilfering for a livelihood. In Ireland, the Famine (1845–1849) made a bad situation immeasurably worse, leading to the desertion of children by parents.

On an official level, the response to this significant social problem was the Poor Relief (Ireland) Act, 1838. This established or confirmed a system of workhouses throughout the country, under the central authority of the Irish Poor Law Commissioners (replaced in 1872 by the Local Government Board for Ireland). By 1853, 77,000 children below 15 years of age (one third of them orphans), which was 6.5% of the age cohort, were living in workhouses, while an unknown number of ‘street urchins’ were still living wild in the towns.

One of the workhouse system rules was that families were forced to split, with children seeing their parents only once a week. Moreover, in the workhouses, the children had to mix with all types of adult paupers and vagrants, giving rise to the real possibility of abuse. No effective education was provided. In addition, the stigma attached to workhouses meant that they were perceived as providing charity for ‘the shameless, the idle and the shiftless’.

It might have been thought that an alternative policy to the workhouse could have been tried, namely to make direct contributions of money or necessities to those in need (a policy then generally known as ‘outdoor relief’), since this would allow the poor families involved to be assisted outside the workhouse system. However, this was unpopular in official quarters, because of the danger that it would be taken advantage of by persons who in fact had their own resources on which to draw. It was partly to reduce the chance of this that workhouses had been established: for the orthodox thinking was that charity should be extended only to those who were prepared to accept the harshest and most overcrowded of conditions.

Apart from these official efforts, charitable organisations and individual philanthropists also attempted to alleviate the problem by gathering some of these children into orphanages, charity schools, ‘ragged schools’2 – all institutions depending on voluntary contributions and, often, on voluntary labour.

However, neither workhouses nor voluntary efforts were equal to the scale of the problem, and it came to be accepted that something more was required. In the first half of the nineteenth century in Britain and in Ireland, there were several commissions and committees to investigate both the broad subject of poverty3 and the particular needs of poor children. The industrial school system was proposed as a solution. This idea was based on a Continental model and, by the 1850s, Germany, Switzerland and Scandinavia had nearly a hundred institutions for criminal and destitute juveniles, whose achievements were well known in Ireland and Britain. The thrust of the education provided in these schools, some of which were called ‘Farm Schools’, was in favour of practical training, which would equip the children for employment, rather than academic learning. This approach fitted in well with the Victorian idea of utilitarian progress, and also helped to provide skills to fuel the Industrial Revolution. The motivation for these reforms has also been variously attributed to the desire to help the needy, or the need to control those whom the authorities viewed as a threat to the existing order.

This Continental model was put into legislative effect and was implemented in Britain, in the 1850s.4 In Ireland a little later, the reformatory system was established by the Reformatory Schools (Ireland) Act, 1858. A decade later, the industrial schools came too, this time by way of a Private Member’s Bill introduced by The O’Connor Don,5 which became law as the Industrial Schools (Ireland) Act, 1868. The reformatories were for those guilty of offences; and industrial schools for those neglected, orphaned or abandoned; in other words, not for criminal children, but those potentially exposed to crime. This dichotomy was in line with a fairly well-established distinction between a penal school for youthful offenders and a ‘ragged school’ for the poor or vagrant.

In Ireland, the initial result of the 1858 and 1868 Acts was that a number of existing voluntary schools and homes applied for and were granted certificates as reformatories or industrial schools. These were for the reception of children committed by the courts, and they became eligible for grants from public funds for the maintenance of such children. The next few decades brought extensive new buildings and institutions. Although reformatory schools were established first, industrial schools soon surpassed them, both in numbers of schools and of pupils. In the seven years after 1858, 10 reformatories (five for females) were certified. By the end of the century, only seven of the 10 original reformatories survived, some of the former reformatories having been re-certified as industrial schools; and, by 1922, only five remained (one of which was a reformatory for boys in Northern Ireland). The reformatory school population, which was nearly 800 immediately after the passing of the 1858 Act, fell to 300 in 1882, and to 150 in 1900.

On the other hand, however, by 1875, there were 50 industrial schools, and the highest number of industrial schools was reached in 1898, when there were a total of 71 schools, of which 61 (56 schools for Catholics and five for Protestants) were in the 26 counties. At its height, in 1898 the population in the industrial schools was 7,998 residents, compared with the 6,000 children in the same year in the considerably less salubrious conditions of the workhouses. Moreover, in the late nineteenth century, social and economic conditions in Ireland were such that many children had to be refused places in the schools. In 1882, over 70% of committal entries to industrial schools were made under the category of begging.6

The late nineteenth and early twentieth centuries were eras when social reformers began to notice children as individuals susceptible to neglect and ill-treatment. In Edwardian England, reformers like Charles Booth and Sebohm Rowntree were attempting to quantify poverty, analysing its causes and characteristics. One consequence of this thinking was that all the nineteenth-century legislation in this field7 was replaced by the Children Act, 1908, popularly known as the Children’s Charter. While making relatively slight substantive amendments,8 this Act applied a unified system of law to both types of schools in Britain and in Ireland. The Children Act, 1908 dealt with a number of topics, among them the prevention of cruelty to children, protection of infant life, and provision for juvenile offence. However, its most important provisions were in Part IV, which provided the constitutional basis for reformatories and industrial schools. It continued to be the primary legislation for vulnerable children in Ireland until it was amended by the Child Care Act, 1991 which was not fully operational until 1996. The 1991 Act was replaced by the Children Act, 2001 which was signed into law in July 2001.

The 1908 Act was one of a trio of measures introduced by the Home Secretary, Herbert Gladstone, and justly regarded as a late flowering of Victorian reformism. The other two measures were the Probation of Offenders Act, 1907 and the Prevention of Crime Act, 1908, which established borstals. Another reform in a slightly earlier period was that the National Society for the Prevention of Cruelty to Children (NSPCC) was first established in 1875 in the United States, and then in Britain in 1884, and in Ireland in 1889.

It may be worth quoting from section 44 of the Children Act, 1908 since this is the closest the legislation comes to what later generations would call a mission statement for the schools. This section states: The expression “industrial school” means a school for the industrial training of children, in which children are lodged, clothed and fed, as well as taught.

The definition of a ‘reformatory school’ is defined in the same terms by section 44 of the 1908 Act, but, with the substitution of ‘youthful offenders’ for ‘children’.