Poor Law Board

“ Poor Law, the Policy of the Central Authority has undergone great changes. What these changes have actually been, and at what dates and in what order they occurred, the following chronological analysis of the action of the Poor Law Commissioners, the Poor Law Board, and the Local Government Board for England and Wales attempts to set forth. ”

“ The administration of the Poor Law is far from perfect; but the best part of it is that of the sick poor. Even here officials for a long time obstructed the will of the legislature and the objects of the law, but, on paper at least, the ancient abominations described in the earlier part of my brother's reminiscences were swept away.
In the eyes of the Strand Guardians, or rather of a majority among them, his offences on behalf of justice and humanity were unpardonable. He had to be got rid of. In this the officials of the Poor Law Board, then under Lord Devon, agreed with the Guardians. ”

“ They may confidently reckon on the support of public opinion, which the present state of things has aroused and enlightened; and those who are responsible to the Poor-law Board may feel assured that, while no instance of neglect or hardship to the poor will be tolerated, they may look to the Board for a candid construction of their acts and motives, and for a hearty and steadfast support of those who shall exert themselves to guard from the grasp of imposture that fund which should be sacred to the necessities of the poor. ”

“ In my personal experience of the permanent staff of the Poor Law Board I have met with officials who were persistently resolved not to give themselves, if they could help it, the trouble to rectify evils which were brought before their notice [Pg x] by the Board of Guardians to which I belonged, if they could in any way find a dilatory plea.
Of course a reformer is always odious to a large number of persons. There are people who profit by the abuse or malpractice which he tries to remove, and such persons are naturally indignant at his meddlesomeness. ”

“ That body, instead of gladly accepting under proper arrangements, passed a series of abstract resolutions, to the effect "that this Board conceives that the payment by boards of guardians of wages in return for labour to poor persons chargeable or seeking to become chargeable upon the rates, or the holding themselves responsible for the providing of such labour for wages—thus impairing the self-reliance of the poor—is opposed to the whole spirit and intent of the Poor Law, and it is inexpedient both upon social and economical grounds." ”

“ We did not care to be mixed up with fellows of low class, especially when they are as ignorant as possible. Then again, we are well represented on the Poor Law Board, which really has all the power, attending as it does to sanitation and so forth. ”

“ If we are ever to have a proper system of legal advice for the poor it will, I think, have to be made an official department with a business head of affairs and attached lawyers. It might perhaps be added to the duties of Labour Exchanges, but in any case it should be a department of the Board of Trade, and it should have branches throughout the country and power to help the poor in all the Courts of the country. ”

“ By the new Poor-law organisation of paid permanent officers, paid clerks, paid relieving officers, paid masters and matrons of workhouses, paid district medical officers, paid schoolmasters, and, it may be added, of paid assistant-commissioners and inspectors, with the paid officers of a Central Board, together with a large expenditure upon new buildings throughout the country, all of which were the outcries as extravagancies; a large saving has, nevertheless, been effected upon the unpaid services, chiefly of one parish officer throughout the country—the unpaid parish overseer. ”

“ Lastly, the qualification for a seat on a board of guardians might be removed and the position opened to working men. [4] The action of the poor-law has a very distinct effect on poverty, and intelligent experience is on the side of administration by rule rather than by sentiment. In poor-law unions, where it is known that ‘indoors’ all that is necessary for life will be provided, but that ‘outdoors’ nothing will be given, the poor feel they are under a rule which they can understand. ”

“ We need not, at this point, stay to argue that, owing to the practical abandonment of the "Principles of 1834," the administration of the Board of Guardians has itself become very costly; that children in Poor Law Schools and patients in Poor Law Infirmaries often cost more per head than children in the boarding schools of the Local Education Authority and patients in the hospitals of the Local Health Authority ”

“ Almost every Board of Guardians in the country is insolvent, except in those cases where the Government has kicked out the Poor Law Guardians elected by the Parish, and restored solvency by sending down paid men to run the concern for a couple of years. ”

“ Now there is a great deal that might be done to make the law less harsh to the poor without any very elaborate legislation, and certainly without any of those absurd inquiries and commissions which are the stones the latter-day lawgivers throw at the poor when they ask for the bread of justice. ”

“ Court knows where it stands, but that is a far more easy statute to construe than anything the parliamentary draftsman turns out to-day. If we could get a short statute of one clause, “Thou shalt not cheat,” with an appropriate schedule containing a tariff of fines and imprisonment, I think magistrates could do a good deal to cleanse the cities of a great many low ruffians who make their living by swindling the poor and make the law as it stands their attorney to collect the spoils. ”

“ The melancholy part of it all is that we never arrive at any settled policy. The Legislature has ordained in its wisdom that the administration of the Poor Law—perhaps the most difficult administration that there is—shall be entrusted to any one who chooses to come forward at election time, and we all know how difficult it is to get qualified people to offer themselves. ”

“ And as day by day the poor have more laws made to guide them into the way of righteousness, and more statutes are passed with the intention of making the life of the poor healthier, brighter, and better, and as, moreover, in this imperfect world the servants of the Evil One are always prowling round to cheat the poor of their rights, it would seem to follow that if Law Courts and litigation are to be the order of the day we must each of us have a panel lawyer to whom we can go when we want an injunction and our habeas corpus is not up to the mark. ”

“ We do not pretend to advise whether the District Boards of Lunacy, with the new duties with regard to the feeble-minded, and the complete disconnection of all their work from the Poor Law recommended by the Royal Commission on the Care and Control of the Feeble-minded, as well as by ourselves, should or should not be modified in constitution ”

“ In their case, it is clear, their retention in the class "pauper," and their relegation to the Poor Law Authority, is advocated, not for their own good. They are, it is suggested, to be accorded a treatment other than that which the State would otherwise afford to them—that is to say, they are to suffer the stigma of pauperism—merely in order "by expectation and example" to [354] deter other persons from taking advantage in their old age of the maintenance which the State affords. ”

“ Finally, we would again repeat that our pauperism is due to our poverty, that our policy is based on the claims recognised by statute as the due right of the poor. We neither palliate nor excuse any lapses either on the part of members or officers of the Board, but we claim that as a Board we have carried out our duties as efficiently and as economically as we were able, that we have never given indiscriminate relief either in or out of the workhouse, and in the main have usefully tried to do our duty both to the poor, who have our first claim, and to the ratepayers. ”

“ But we have no need to go back so far for illustrations of the intimate connection between Poor Law administration and pauperism. At the present time, wherever administration is free and easy—or, as some would call it, humane—there we find a high rate of pauperism; wherever it is careful and strict, we find a low one. ”

“ On the other hand, the fact that universal provision of some services to all persons, whether destitute or not, has been adopted by Parliament, has led to a duplication and confusions of functions between the old Poor Law Authority and the new Preventive Authorities. This daily-increasing overlap and duplication can only be ended by either stripping the new Preventive Authorities of functions entrusted to them within the last few years by Parliament—which is plainly impossible—or by abolishing the Poor Law. ”

“ In criminal cases something is already done and a beginning is being made on the civil side in the High Court to give the poor legal aid. These reforms do not amount to very much as yet, but they are the first steps towards remedying Piers Plowman’s grievances and, considering that it is less than six hundred years since that excellent visionary made his moan over the law and the poor, and the drawback poverty has in the procedure of the Courts, there seems to have been no very unusual delay in Government taking the matter up. ”

“ The exposure of the evils of the system, which was made in the report of the famous Poor Law Commission appointed in 1832, and the attempt to abolish them by the provisions of the Poor Law Amendment Act of 1834, ought to be studied by every citizen who desires to perform his full duty as a guardian of public interests, and especially by every individual whose sympathies lead him to undertake any practical effort for the amelioration of pauperism. ”

“ The Majority Commissioners hold, on the assumption that every case of pauperism implies a moral defect, that there should be, in each locality, one Authority and only one Authority to deal with persons requiring maintenance from public funds. They, therefore, recommend the establishment of a new "Destitution Authority" to deal only with persons who are destitute, and only when they are destitute; and for such persons to provide, from birth to burial, in distinctively Poor Law Institutions, or under distinctively Poor Law officials, all that is required. ”

“ Paupers who have been warned in vain concerning bad conduct and idleness shall be proceeded against without favour, by the power of magistrates, and be punished accordingly.
The poor institutions can claim repayment from those hypocrites who, although they possess private means, embezzle and grasp at the gifts and assistance which are only intended for true poverty, which shall be fully repaid. The poor institutions can make the same claim from those persons who have renounced their duty of supporting those relations whom they are obliged to support, either by law or by contract. ”

“ We come to quite a different kind of compulsion when no one is forced to become a pauper against his will, but those who have voluntarily entered a Poor Law Institution may be, under certain circumstances, detained against their will, either for their own advantage, or as a disciplinary measure. In such a case Parliament has already shown itself willing to grant certain minor powers of detention. ”

“ The policy of the Central Authority at this date, in short, deliberately excluded any use of the workhouse for the curative, reformatory, or educational treatment of any class whatsoever. There was only to be one institution in each Union for all classes of paupers. It was to be a place which, whilst it provided the full requirements of physical health, starved both the will and the intelligence, and forced the pauper into a condition of blank-mindedness. ”

“ Nowadays there is a tendency among the less discerning of mankind to set down all the rough edges and inequalities of the law to the fault of the judges, though in truth they have but a small part in the making of new laws, and I do not think they can be rightly blamed for harsh administration. ”

“ We have looked over these four annual Poor-Law Reports with a variety of reflections; with no thought that our Poor-Law Commissioners are the inhuman men their enemies accuse them of being; with a feeling of thankfulness rather that there do exist men of that structure too; with a persuasion deeper and deeper that Nature, who makes nothing to no purpose, has not made either them or their Poor-Law Amendment Act in vain. ”

“ Everywhere the increase of pauperism and of burthens on the rates appeared to be due to the mal-administration of the legal provisions for compulsory relief, to the imbecility, or to the sinister interests of ignorant local administrators, and to habits of the recipients of the rates induced by lax administration—nowhere to the assumed inevitable pressure of a willing working population upon limited means of subsistence. ”

“ In the remote country places more than anywhere is the stipendiary a necessity. Meanwhile, why should not direct representatives of the agricultural labourer be placed upon the bench if we are not to abolish Dogberry altogether?
While these words are being written, an effort is being made with a Criminal Administration Bill to do away with some of the abuses of the police court. The imprisonment of people for non-payment of fines is really imprisonment for poverty, and the scandal of it is at last officially recognised and the necessity of reform admitted. ”

“ The poor are suffering to-day at the hands of the law because in the evolution of things we have a lot of old derelict law made by slaveowners for slaves, by masters for serfs, by the landlords for the landless. It is law that has no more relation to the wants of to-day, and would be of no more purpose to a Ministry of Justice—if we had one—than crossbows and arquebuses would be to the War Office, or coracles to the Admiralty. And, instead of cursing the judges, who, poor fellows, are doing their best, I wish our parliamentary masters would look into the history of the matter. ”