10,992 entries for State Inspections
BackThe figures for reformatories differ: St Conleth’s, Daingean, as the only reformatory school for boys, had, by its remit, different criteria in relation to the release and discharge of the children, not least because young offenders were committed by the courts for a relatively short period, compared to other categories of offender, so the vast majority of applications were turned down. Thus, there were relatively few applications, even compared to the population in the School. Furthermore, the success rate, at an average of 24%, was much lower than for industrial schools.
The process had to be initiated by the parents, who would often have been uninformed as to how to do this. What is missing is any reference to residents whose parents or guardians never applied for early discharge in the first place or who had no parents to apply. This meant that children without parents or guardians to apply had no chance of being released. The documents do not contain any reference to release being considered for such children. There was no official agency charged with the duty of reviewing each case, either periodically or where there were signs of a change in the child or in family circumstances. This was a serious and fundamental flaw in the system.
As mentioned, there were three paths to the schools, of which the first was committal via the District Court, and was by far the most frequently used and has already been covered. At the time of the Kennedy Report, there were 97 (or 4%) of the industrial school population in the voluntary category, with 80% and 16% in the court and health authority categories respectively. However, in an earlier period, when those committed by the court would have been more numerous, children maintained voluntarily were even less significant. For the period 1949 to 1969, the average ‘voluntary’ population figure was 101 or 2.2% of the entire schools’ population.
The remaining major category was children placed in certified industrial schools by the health authorities. As with children placed voluntarily and directly in the schools, by parents or guardians, such children entered without the involvement of a court and could be withdrawn without legal formality;26 if and when family circumstances permitted.
Until it was repealed in 1991, the statutory authority of a health authority or board to place a child in an industrial school was section 55 of the Health Act, 1953 (or its precursors). By this provision, a health authority was empowered to provide for the assistance of a child by boarding the child out, by sending him to an industrial school approved by the Minister for Health or, where the child was not less than 14 years of age, by arranging for his employment.27
These powers applied only to two rather narrow categories of child. In addition to a means test, the child had to be either an orphan or had to have been deserted by his parents or parent; and, in the case of an illegitimate child, whose mother was dead or was deserted by the mother, or the parent/guardian had to consent.28
The Cussen Report in 1936 took the view that local authorities/health authorities: as a whole [they] would appear not to have sufficiently appreciated their responsibilities under law in regard either to the schools or the children, and the evidence which we have adduced indicates that they still display little interest in the work of the schools beyond the payment of a weekly capitation grant ...
In the early 1950s, the number of children sent to the schools by boards of health increased for such reasons as the need to find somewhere to house children who would earlier have lived in county homes. Whatever the causes, a pattern developed in the late 1940s by which health authorities sought to put children in industrial schools, despite the preference of the Department of Health for boarding out (this tension between the two authorities is discussed in Eoin O’Sullivan’s chapter).
Accordingly, the health authorities encouraged existing industrial schools to apply to the Department of Health for the necessary certification to enable them to receive health authority referrals.
Equally, because of the falling numbers of residents being committed by the courts, schools were actively looking for children, and made the health authorities aware of this.
Little seems to have changed during the quarter of a century up to 1970, when the health boards were established, and they increasingly employed social workers to work with children in care and their families. The social workers saw it as their duty to try to avoid breaking up the family, unless there was no alternative. Where there was no alternative, then fostering was the preferred option.
The Children Act, 1908 described in very broad terms the functions of industrial schools and reformatories. The duties and responsibilities of owners and managers of these schools were set out in the Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann which were approved by the then Minister for Education in 1933.
The 1933 Rules are set out in full as follows: RULES AND REGULATIONS FOR THE CERTIFIED INDUSTRIAL SCHOOLS IN SAORSTÁT ÉIREANN Approved by the Minister for Education, under the 54th Section of the Act, 8 Edw. VII., Ch. 67. 1. NAME AND OBJECT OF SCHOOL. Date of Certificate. Number for which Certified....Accommodation is provided in this School for only children. This number shall not be exceeded at any one time. No child under the age of six years is chargeable to the State Grant, and of the children of the age of six years and upwards not more than are chargeable to that Grant. 2. CONSTITUTION AND MANAGEMENT. 3. CONDITIONS OF ADMISSION. Being [Roman Catholic Girls/ Boys] sent under the provisions of the Children Act, 1908, or the School Attendance Act, 1926, or the Children Act, 1929, or otherwise as the Management may determine. 4. LODGING. The children lodged in the School shall have separate beds. Every decision to board out a Child, under the 53rd Section of the Children Act, 1908, shall have received previous sanction from the Minister for Education, through the Inspector of Industrial Schools. 5. CLOTHING. The children shall be supplied with neat, comfortable clothing in good repair, suitable to the season of the year, not necessarily uniform either in material or colour. 6. DIETARY. The Children shall be supplied with plain wholesome food, according to a Scale of Dietary to be drawn up by the Medical Officer of the School and approved by the Inspector. Such food shall be suitable in every respect for growing children actively employed and supplemented in the case of delicate or physically under-developed children with special food as individual needs require. No substantial alterations in the Dietary shall be made without previous notice to the Inspector. A copy of the Dietary shall be given to the Cook and a further copy kept in the Manager’s Office. 7. LITERARY INSTRUCTION. Subject to Rule 8, all children shall be instructed in accordance with the programme prescribed for National Schools, Juniors (that is, children under 14 years of age) shall have for literary instruction and study not less than four and a half hours five days a week and Seniors (that is children of 14 years of age and upwards) shall have for the same purpose not less than three hours, five days a week; at least two-thirds of the periods mentioned to be at suitable hours between breakfast and dinner, when the most beneficial results are likely to be obtained. Religious Instruction may be included in those periods, and, in the case of Seniors, reasonable time may be allotted to approved general reading. Should the case of any individual pupil call for the modification of this Rule it is to be submitted to the Inspector for approval. Senior boys shall receive lessons in Manual Instruction which may be interpreted to mean training in the use of carpenter’s tools. 8. SCHOOLS. The Manager may arrange for children to attend conveniently situated schools, whether Primary, Continuation, Secondary or Technical, but always subject to (a) the sanction of the Inspector in each case, and (b) the condition that no increased cost is incurred by the State. 9. INDUSTRIAL TRAINING. Industrial employment shall not exceed three and a half hours daily for Juniors or six hours daily for Seniors. The training shall, in the case of boys, be directed towards the acquisition of skill in and knowledge of farm and garden work or such handicraft as can be taught, due regard being given to fitting the boys for the most advantageous employment procurable. The training for girls shall in all cases be in accordance with the Domestic Economy Syllabus, and shall also include, where practicable, the milking of cows, care of poultry and cottage gardening. Each school shall submit for approval by the Inspector a list setting forth the occupations which constitute the industrial training of the children and the qualifications of the Instructors employed to direct the work. Should additional subjects be added or any subject be withdrawn or suspended, notification shall be made to the Inspector without delay. 10. INSPECTION. The progress of the children in the Literary Classes of the Schools and their proficiency in Industrial Training will be tested from time to time by Examination and Inspection. 11. RELIGIOUS EXERCISES AND WORSHIP. Each day shall be begun and ended with Prayer. On Sundays and Holidays the Children shall attend Public Worship at some convenient Church or Chapel. 12. DISCIPLINE. The Manager or his Deputy shall be authorised to punish the Children detained in the School in case of misconduct. All serious misconduct, and the Punishments inflicted for it, shall be entered in a book to be kept for that purpose, which, shall be laid before the Inspector when he visits. The Manager must, however, remember that the more closely the School is modelled on a principle of judicious family government the more salutary will be its discipline, and the fewer occasions will arise for resort to punishment. 13. PUNISHMENTS. Punishments shall consist of:— Forfeiture of rewards and privileges, or degradation from rank, previously attained by good conduct. Moderate childish punishment with the hand. Chastisement with the cane, strap or birch. Referring to (c) personal chastisement may be inflicted by the Manager, or, in his presence, by an Officer specially authorised by him, and in no case may it be inflicted upon girls over 15 years of age. In the case of girls under 15, it shall not be inflicted except in cases of urgent necessity, each of which must be at once fully reported to the Inspector. Caning on the hand is forbidden. No punishment not mentioned above shall be inflicted. 14. RECREATION. Seniors shall be allowed at least two hours daily, and Juniors at least three hours daily, for recreation and shall be taken out occasionally for exercise beyond the boundaries of the school, but shall be forbidden to pass the limits assigned to them without permission. Games, both indoor and outdoor, shall be encouraged; the required equipment shall be provided; and supervision shall be exercised to secure that all children shall take part in the Games. Fire Drill shall be held once at the least in every three months, and each alternate Drill shall take place at night after the children have retired to the dormitories. A record of the date and hour of each Drill shall be kept in the School Diary. 15. VISITS (RELATIVES AND FRIENDS). Parents, other Relations, or intimate Friends, shall be allowed to visit the children at convenient times, to be regulated by the Committee or Manager. Such privilege is liable to be forfeited by misconduct or interference with the discipline of the School by the Parents, Relatives, or Friends. The Manager is authorised to read all Letters which pass to or from the Children in the School, and to withhold any which are objectionable. Subject to approval of the Inspector, holiday leave to parents or friends may be allowed to every well conducted child who has been under detention for at least one year, provided the home conditions are found on investigation to be satisfactory. Such leave shall be limited to seven days annually. In a very special or urgent case, such as the serious illness or death of a parent, the Manager may also, at his discretion, if applied to, grant to any child such brief leave of absence as will enable the child to spend not more than one night at home: the circumstances to be reported forthwith to the Inspector’s Office. 16. CHILDREN PLACED OUT ON LICENCE OR APPRENTICED. Should the Manager of a School permit a Child, by Licence under the 67th Section of the Children Act of 1908, to live with a trustworthy and respectable person, or apprentice the Child to any trade or calling under the 70th Section of the Act, notice of such placing out on Licence, or apprenticeship of the Child, accompanied by a clear account of the conditions attaching thereto, shall be sent, without delay, to the Office of the Inspector. 17. STATE GRANT. Under the present financial arrangement no Child will be paid for out of the Funds voted by the Oireachtas until it has reached the age of Six Years. A Child, however, under the age of Six Years may be sent to the School under an Order of Detention signed by a District Justice; but in such case the State allowance for maintenance will not be made until it shall appear from the Order of Detention that the Child is Six Years old – from that date only will it be regularly paid for. 18. PROVISION ON DISCHARGE. On the discharge of a Child from the School, at the expiration of the period of Detention, or when Apprenticed, he (or she) shall be provided, at the cost of the Institution, with a sufficient outfit, according to the circumstances of the discharge. Children when discharged shall be placed, as far as practicable, in some employment or service. If returned to relatives or friends, the travelling expenses shall be defrayed by the Manager, unless the relatives or friends are willing to do so. A Licence Form shall be issued in every case and the Manager shall maintain communication with discharged Children for the full period of supervision prescribed in Section 68(2) of the Children Act, 1908. The Manager shall recall from the home or from employment any child whose occupation or circumstances are unsatisfactory, and he shall in due course make more suitable disposal. 19. VISITORS. The School shall be open to Visitors at convenient times, to be regulated by the Committee (or Manager), and a Visitors’ Book shall be kept. The term “visitors” means members of the Public interested in the school. 20. TIME TABLE. A Time Table, showing the Hours of Rising, Work, School Instruction, Meals, Recreation, Retiring etc., shall be drawn up, shall be approved by the Inspector of Industrial Schools, and shall be fixed in the Schoolroom, and carefully adhered to on all occasions. All important deviations from it shall be recorded in the School Diary. 21. JOURNALS, etc. The Manager (or Master or Matron) shall keep a Journal or Diary of everything important or exceptional that passes in the School. All admissions, discharges, licences and escapes shall be recorded therein, and all Record Books shall be laid before the Inspector when he visits the School. 22. MEDICAL OFFICER. I.A Medical Officer shall be appointed who shall visit the school periodically, a record of his visits being kept in a book to be provided for the purpose. II.Each child shall be medically examined on admission to the School, and the M.O.’s. written report on the physical condition of the Child should be carefully preserved. III.A record of all admissions to the School Infirmary shall be kept, giving information as to ailment, treatment, and dates of admission and discharge in each case. Infirmary cases of a serious nature and cases of more than three days duration shall be notified to the Inspector’s Office. IV.The M.O. shall make a quarterly examination of each child individually, and give a quarterly report as to the fitness of the children for the training of the school, their general health, and the sanitary state of the school. The quarterly report shall be in such form as may be prescribed from time to time by the Minister for Education. Application shall be made to the Minister for the discharge of any child certified by the M.O. as medically unfit for detention. V.Dental treatment and periodic visits by a Dentist shall be provided and records of such visits shall be kept. In the event of the serious illness of any child, notice shall be sent to the nearest relatives or guardian and special visits allowed. 23. INQUESTS. In the case of violent death, or of sudden death, not arising in the course of an illness while the child is under treatment by the M.O., a report of the circumstances shall be at once made to the local Gardaí for the information of the Coroner, a similar report being at the same time sent to the Inspector. 24. RETURNS, etc. The Manager (or Secretary) shall keep a Register of admissions and discharges, with particulars of the parentage, previous circumstances, etc., of each Child admitted, and of the disposal of each Child discharged, and such information as may afterwards be obtained regarding him, and shall regularly send to the Office of the Inspector the Returns of Admission and Discharge, the Quarterly Accounts for their maintenance, and any other returns that may be required by the Inspector. All Orders of Detention shall be carefully kept amongst the Records of the School. 25. INSPECTOR. All Books and Journals of the School shall be open to the Inspector for examination. Any teacher employed in the school who does not hold recognised qualifications may be examined by the Inspector, if he thinks it necessary, and he shall be informed of the qualifications of new teachers on their appointment. Immediate notice shall be given to him of the appointment, death, resignation, or dismissal of the Manager and Members of the School Staff. 26. GENERAL REGULATIONS. The Officers and Teachers of the School shall be careful to maintain discipline and order, and to attend to the instruction and training of the Children, in conformity with these Regulations. The Children shall be required to be respectful and obedient to all those entrusted with their management and training, and to comply with the regulations of the School. 27. REMOVAL TO A REFORMATORY. Whenever a Child is sent to a Reformatory School, under the provisions of the 71st or 72nd Sections of the Children Act of 1908, the Manager shall, without delay, report the case to the Inspector. 28. CHILD NOT PROFESSING RELIGIOUS PERSUASION OF THE MANAGER TO BE REMOVED BY THE SCHOOL. In order to insure a strict and effectual observance of the provisions of the 66th Section of the Children Act of 1908, in every case in which a Child shall be ordered to be detained in a School managed by Persons of a different Religious Persuasion from that professed by the Parents, or surviving Parent, or (should that be unknown), by the Guardians or Guardian of such Child; (or should that be unknown) different from that in which the Child appears to have been baptized or (that not appearing), different from that professed by the Child the Manager or Teachers of such School shall, upon becoming acquainted with the fact, or having reason to believe that such is the fact, give notice in writing, without delay, to the Inspector, who will thereupon immediately take any necessary steps in the matter. 29. ESCAPES. Should any Escape from the School occur, the Manager shall, with as little delay as possible, notify the particulars to the nearest Gardaí Station, to the Gardaí Superintendents of the County and adjoining Counties, and to the Inspector’s Office. These Rules have been adopted by the Managers of Industrial School. Corresponding Manager 19 Approved under the 54th Section of the Children Act of 1908. Minister for Education 19
Discipline was an important issue in all the schools, and excessive corporal punishment for breaches of discipline was the most common complaint of former pupils. Unlike sexual abuse, which was in all circumstances wrong and unlawful, physical abuse arose, amongst other reasons, out of the then legal entitlement of school authorities to chastise pupils physically. It is important, therefore, to set out fully what the law was in relation to punishment, and to ensure that actions are judged by standards appropriate to their time.
The basic law was set out in the Children Act, 1908 which recognised the existing common law right of a parent or teacher to punish a child. Section 37 provided: Nothing in this Part of this Act shall be construed to take away or affect the right of any parent, teacher, or other person having the lawful control or charge of a child or young person to administer punishment to such child or young person.