REFORM OF REFORMATORIES

AND INDUSTRIAL SCHOOLS.

By H. T. HOLMES.

PUBLISHED AND SOLD BY

THE FABIAN SOCIETY.

PRICE ONE PENNY.

LONDON:

THE FABIAN SOCIETY, 3 CLEMENT'S INN, STRAND, W.C.

AUGUST 1902.

It would be difficult to find in the whole range of English administration a more curious anomaly than that exhibited in the methods whereby the State discharges its duties towards children of the criminal class. The explanation must be sought in history.

The Origin of Reformatory Treatment.

At the beginning of the nineteeth century only two methods, hanging or imprisonment, appear to have been in vogue for treating the youthful criminal. About this time, however, thoughtful observers began to see the necessity of some departure from this simple rule. They estimated that about sixty per cent. of the habitual criminals matriculated in their professional career before the age of fifteen; and in consequence they urged upon the legislature the need for submitting youthful offenders to an extended course of reforming treatment rather than to continued short sentences which only confirmed them in their course of crime. Accordingly a more enlightened policy was adopted, and some of the younger offenders were granted a free pardon conditional on their entry into a philanthropic institution, such as the Philanthropic Society's school or the reformatory at Stretton. Such schools were, however, few in number (the two mentioned were, I believe, the only ones) and very limited in accommodation. The best known was that belonging to the Philanthropic Society, which was started in 1787 in Hackney, transferred to St. George's-in-the-Fields in 1792, and in 1848 taken out to Red Hill (in imitation of the famous French reformatory colony at Mettray), where it still flourishes. At these schools only a very small proportion of the convicted children could be taken, and imprisonment appears to have been the fate of the rest. In 1837 the State attempted to deal with the matter by converting the military hospital at Parkhurst into a reformatory prison for young offenders. Only boys over fourteen, and over 4 feet 6 ins. in height, under sentence of transportation, were taken with a view to improving their character before exporting them. The discipline was very strict, and all the inmates wore irons. Parkhurst was thus rather a juvenile prison than a reformatory. Girls, and boys under fourteen, were still neglected by the legislature. In 1844 106 boys between the ages of seven and fourteen were sentenced to transportation. These sentences were never carried out, as, according to the Governor of Millbank, no one was transported under the age of fifteen. The problem was still pressing for solution, and many public-spirited men and women, notably Mr. Barwick Baker and Miss Mary Carpenter, were earnestly trying to solve it.

The Rise of Reformatories.

In 1852 Mr. Baker founded a private reformatory school at Hardwicke, the first inmates being young London thieves specially selected. Other schools at Saltley, Kingswood, and Droitwich were started almost at the same time. In 1854 at Hardwicke there were seventeen young thieves, who worked in the fields and at basket

making, and were taught to read and write. At this time so rife was juvenile crime that competent observers computed that in London alone there were 20,000 children living by pilfering and begging. Many of these had been convicted and re-convicted, often up to eleven times. These reformatories attracted so much notice that in this year many meetings were held and petitions forwarded requesting that "schools of reformation" should be "fostered and multiplied" by Parliamentary aid. The result was that the same year an Act was passed issuing certificates to these private reformatories, and enabling magistrates to sentence boys and girls under sixteen to fourteen days' (or more) imprisonment, plus a period of from two to five years in a reformatory. Treasury contributions to these institutions were authorized, and parents of children sent to them were also compelled to contribute. In 1857 another Act enabled quarter sessions and borough councils (the old prisons authorities) to contribute to and to contract with outside reformatories for the reception of juvenile criminals. The same Act also empowered reformatories to let out their inmates on licence on expiration of half their sentence.

Reformatories were thus fairly started on their career in 1856. At first they confined their attention to those who had been previously convicted. By this means they obtained possession of the gang-leaders, and by keeping them were generally successful in breaking up the organized gangs of young thieves; a task which was previously considered impossible. The following table will show how successful the reformatories were in their early years in reducing the number of juvenile offenders:

In 1863, owing to the successful operation of the reformatories, a juvenile prison was considered unnecessary, and Parkhurst was accordingly closed.

The Law of Reformatories.

In 1866 a Reformatory Act was passed consolidating previous legislation. As most of this Act is still in force, it is necessary to consider it at some length. Under its provisions children between the ages of ten and sixteen convicted of an offence punishable with penal servitude or imprisonment might be sent to prison for a minimum period of ten days or more, and after that to a reformatory for a period of from two to five years. The reformatory must be selected by the court which passed sentence from among the certified reformatories whose plans and rules had been approved by the Secretary of State. Although the court must select the reformatory, the Act expressly states that no reformatory could be compelled to receive any particular child. The reformatories might under this Act be established and maintained by private individuals or by the local bodies which then constituted the prisons authorities, or such

local bodies might contribute towards the expense of the private reformatories. The Treasury was also allowed to contribute, and the parents might be placed under contribution for a sum not exceeding five shillings weekly. The reformatories were to license out such children as they thought fit after eighteen months' detention. An Act of 1891 allows reformatories to place children out with employers at any period of their detention, the consent of the Home Secretary being necessary unless twelve months have expired.

In 1893 Lord Leigh's Act was passed. This raised the minimum age at which a child might be committed to a reformatory from ten to twelve; children under twelve being only eligible if previously convicted. The minimum period of detention was raised from two to three years, the maximum remaining at five years, but with compulsory discharge on reaching the age of nineteen. This Act also allowed a magistrate to remand juvenile criminals to the workhouse instead of to prison, and made imprisonment before removal to a reformatory optional. A later Act in 1899 abolished this preliminary imprisonment completely, so that a child is now committed directly to a reformatory.

Statistics of the Inmates.

At the end of 1900 there were in Great Britain forty-eight of these certified reformatories, tenanted by 4,054 boys and 630 girls; 927 other boys and girls were still nominally under detention, but had been liberated on licence, making a total of 5,611. The highwater mark as to numbers was reached in 1881, when there were 6,738 so detained. During the last ten years the numbers have only varied very slightly. Considered with reference to the increase of population, this means that the percentage of committals to reformatories must be decreasing. This is attributable to two main causes; firstly to the decrease in the number of younger children who are now generally sent to industrial schools instead of reformatories; and secondly to the use of the Summary Jurisdiction Act of 1879 and the First Offenders Act of 1887, under whose provisions juveniles are often bound over to come up for judgment when called on. Of late years there has been a tendency among magistrates to emphasize the responsibility of the parent and to commit children to these schools only as a last resource. Those now committed are the residuum with whom it is impossible to deal otherwise; and it seems unlikely that in the near future the number under detention will fall much below its present level.

The vast majority of these juveniles are admitted between the ages of twelve and sixteen, either with one previous conviction or without previous conviction. It would, however, be a great mistake to imagine that those sent without previous conviction are first offenders. They are really old offenders who have hitherto managed to evade the clutches of the law, or have been previously charged but, with a view to leniency, not convicted. The genuine first offenders among juveniles are rarely, except on very serious charges, sent to either reformatory or prison. The average sentence served before release on licence is nearly three and a half years, so that the average age on release would be nearly eighteen.

Origin of Industrial Schools.

The industrial schools were designed to provide for children who were not yet criminals but were likely to become so. They first appeared in Scotland, and received their statutory recognition in 1854. The earliest school of this type in England was Feltham, founded in 1854 for juvenile offenders between the ages of seven and fourteen, in Middlesex. The first general Act in reference to these schools in England was passed in 1857. Under this Act children between the ages of seven and fourteen charged with vagrancy might be committed, but could not be detained beyond the age of fifteen. The schools were certified by the Privy Council Committee on Education. In 1860 the control was transferred to the Home Office. In 1861 the range of the Act was extended, and in 1866 a Consolidating Act was passed unifying the legislation on this subject. In 1870 the Elementary Education Act creating School Boards authorized them to contribute to and found industrial schools.

The Law of Industrial Schools.

Children committed to these schools must be under the age of fourteen, and cannot be detained beyond the age of sixteen. Begging, found destitute, consorting with thieves or prostitutes, are causes for such committal. A child under twelve charged with a punishable offence, who has not been previously convicted, may also be sent to an industrial school, as may also a refractory child charged by its parents with being beyond their control. Under the Education Act of 1876 children whose education is neglected by parents, or who are wandering or not under control, must be proceeded against by the School Board, and an order made by the magistrate for the child to attend school. Should this order not be complied with, such noncompliance not being the fault of the parent, the child may then be sent by the magistrate to an industrial school. This has led to the establishment by some School Boards of a separate class of industrial schools, viz., truant schools. To these only truants are sent, and the periods of detention are short. Under this Act industrial day schools were also instituted.

In general character the reformatories and industrial schools are similar, the distinction between them now being mainly that of the age of the inmates. Both are subject to the same governmental inspection, and the subjects taught are similar. More prominence is given to school work in the industrial schools, only about three hours per day being devoted to mechanical work. In the reformatory schools, naturally, more time is spent in the field or workshop and less in the class-room. The functions of reformatory and industrial schools overlap for children below the age of fourteen, and the diminution in the number of younger reformatory inmates is due to the increasing tendency to send such children to industrial schools.

Industrial School Inmates.

At the end of 1900 there were in Great Britain 142 of these schools, containing 17,088 inmates. In addition there were 2,015 on licence. There were fifteen truant schools, with 1,332 inmates, and 4,283 on licence; and twenty-two day industrial schools, with