JUSTICE AND THE CHILD 
 
BY THE SAME AUTHOR. 
 
 THE CARE COMMITTEE, 
 THE CHILD, AND THE 
 PARENT . . 2/6 net 
 
 "An admirable little book " 
 
 The Commonwealth 
 
 " This invaluable little volume" 
 
 The Morning Post 
 
 CONSTABLE LONDON 
 
JUSTICE AND THE 
 CHILD 
 
 BY 
 
 DOUGLAS PEPLER 
 
 AUTHOR OF " THE CARE COMMITTEE THE CHILD, AND THE PARENT*' 
 
 LONDON 
 
 CONSTABLE & COMPANY LIMITED 
 
 10 ORANGE STREET LEICESTER SQUARE WC 
 
 1915 
 
Printed in Great Britain 
 
TO 
 
 MY MOTHER 
 
 336598 
 
CONTENTS 
 
 CHAP. PAGE 
 
 I. PREFACE AND PRINCIPLES i 
 
 II. THE ADMINISTERED CHILD . . 15 
 
 III. OFFENDED AND OFFENDING : THE 
 
 DUTIES OF VARIOUS PUBLIC AUTHO- 
 RITIES 24 
 
 IV. REMAND HOMES 40 
 
 V. THE JUVENILE COURT ... 48 
 
 VI. THE SENTENCE 61 
 
 VII. INSTITUTIONS 77 
 
 VIII. " AFTER-CARE " 96 
 
 IX. READJUSTMENTS. . 120 
 X. VOLUNTARY SERVICE . . . .134 
 
 APPENDICES 149 
 
 INDEX 155 
 
JUSTICE AND THE 
 CHILD 
 
 CHAPTER I 
 
 PREFACE AND PRINCIPLES 
 
 i. The Problem. 2. The Normal. 3. Cure or Preven- 
 tion. 4. Punishment. 5. Recent Legislation. 
 
 1. The Problem. 
 
 MANY small beggars and young thieves come 
 before the magistrate, many children whose parents 
 have shown themselves incapable of care, young 
 lads whose only fault is an excess of energy, a few 
 girls who have been terribly led astray, and a 
 number of the unduly venturesome of both sexes 
 who have run away from their homes. Efforts are 
 made in various centres to save the youngster from 
 further entanglement by helping him to work, and 
 to a knowledge of the powers within himself the 
 neglect of which has led him into his difficulties. 
 Parliament has concerned itself on his behalf, pro- 
 bation systems and Borstal institutions have been 
 created, and are to be extended and increased. It 
 
 J.c. B 
 
z ' ' ' JUSTICE AND THE CHILD 
 
 has instituted Juvenile Courts and decreed that no 
 child under sixteen shall be sent to prison unless 
 he is over fourteen and too insubordinate for other 
 treatment. 
 
 But these enactments are of little value unless sup- 
 ported by public opinion and executed according to 
 the spirit rather than the letter of the law. There 
 are a few towns where it is determined that no 
 effort shall be spared to give a lad a new chance, 
 where it is realised that the first offence will not be 
 the last unless there is skilled intervention by the 
 right sort of person. Where the effort is made it 
 can always be traced to the interest of one person in 
 the fate of one child. The work cannot develop 
 except on that foundation, it cannot exist except 
 there be this personal desire among men to seek and 
 save that which appears to be lost. 
 
 I say "appears to be lost," remembering that 
 appearances are often deceptive. Justice is con- 
 cerned less with the appearance of the offence than 
 with the cause, and she recognises that the smashed 
 window or the broken till may be due either to an 
 act of premeditated crime or to a mistaken idea of 
 the heroic. This distinction of motive is obviously 
 as difficult to draw as it is important to maintain. 
 If we are to help a lad we must know whether his 
 fault is due to a manifestation of natural high 
 spirits, or whether it is the last act of an unrestrained 
 young profligate. 
 
 The object of this book is to spread the desire to 
 help among the many who would come forward if 
 they understood the need, and to be of some use, 
 
PREFACE AND PRINCIPLES 3 
 
 possibly, as a guide to those already at work. I 
 shall avoid, as -a far as possible, descriptions of 
 poverty and crime, because it should be a sufficient 
 incentive to Englishmen to know that over 30,000 
 children are yearly brought before the magistrates 
 as having committed an offence and over half as 
 many again as being offended against. I shall not 
 embark upon speculations as to what might be in a 
 better ordered State, for this is the work which 
 needs to be done to free that State from an embar- 
 rassing population. Further, I shall not pretend 
 that this . problem is anything but one which is not 
 only difficult in itself but surrounded by difficulties, 
 and I offer no " short cuts to perfection/' 
 
 The probation system is a comparatively modern 
 attempt to bring the spirit of social service into play 
 for the assistance of those who have committed 
 some offence under the law. Is it to follow other 
 official attempts which enlist voluntary support as 
 a vehicle for the conveyance of official instructions, 
 or is it to be alive with individuality and power ? 
 It is based upon the interference by one person in 
 the life of another : is it necessary ? Are the 
 authorities labouring under any delusions about 
 crime, punishment and reform ? Do we want to 
 see a dependent or independent people ? In the 
 chapter following I attempt to show the extent of 
 the interference which will have been practised on 
 many of the families with which we are brought in 
 contact an interference which has not always 
 answered, for otherwise the probation officer would 
 not be needed. Can the " after-care " worker 
 
 B 2 
 
4 JUSTICE AND THE CHILD 
 
 supply the something which those who have pre- 
 ceded him have lacked ? 
 
 The probation officer is not handicapped by many 
 regulations, there is no ambiguity as to the reason 
 for his interest in his charge, whose family appreciate 
 the definite object of his supervision. Whether his 
 interference is justified will be shown by the number 
 of cases to which he can give a clean bill of health, 
 not by the number he can continue to keep on his 
 registers. 
 
 2. The Normal. 
 
 The aim of probation and " after-care " work is to 
 prevent the recurrence of the offence and to over- 
 come criminal or non-moral tendencies by the 
 power of a normal or healthy personality. I say the 
 recurrence of crime, because I do not believe in the 
 wholesale interference with people under a general 
 " after-care " scheme ; where its laws have been 
 broken the community has a responsibility which it 
 does not possess otherwise. 
 
 The normal lives of the majority of men and the 
 general effort, not only to maintain the normal but 
 to raise the standard of life, provide a sufficient safe- 
 guard to the peace of the community. Probation 
 and " after-care " work can only be effectively 
 carried out by those who have a lively appreciation 
 of what is normal. Indeed, it has come into promi- 
 nence because we have seen that the prison does not 
 restore a man to a normal life, but helps him to 
 become accustomed to the abnormal. 
 
 The effort of all " social service/' and especially 
 
PREFACE AND PRINCIPLES 5 
 
 that of the probation officer, should be to raise the 
 abnormal into the state of the normal. This is un- 
 happily not the view of certain of the " social 
 reformers," who imagine, for example, that the 
 whole of the elementary school population is ab- 
 normal, that all the children are in need of the 
 necessaries of life, under-fed, without medical treat- 
 ment for pressing diseases, and growing up into 
 unemployable hooligans. Their parents are, the 
 argument runs, incapable of exercising their respon- 
 sibilities because they are too poor a word which, 
 in the mouth of the reformer, signifies a state of 
 honest unemployment, total abstinence, an insani- 
 tary dwelling, and over-crowded rooms ! Officially- 
 minded persons work out an elaborate dossier 
 system in which these poor are to be sorted, classified, 
 and tabulated in a manner convenient to the ad- 
 ministrators of public relief ; progressively-inspired 
 politicians organise State doles and endeavour to 
 prove the utility of Parliament by the amount of 
 disguised poor relief it can legalise. It would seem 
 that the abnormal family predominated and that 
 the condition of the working classes was unavoidably 
 one of dependence. However that may be, the 
 standard of the probation officer is set by those who 
 commit offences which lead them to his care and 
 those who do not. It follows that he may often 
 have to submit to a lower standard of what is 
 normal than he would wish ; but it is to be hoped 
 that he will not rest content with this, and that he 
 will aim always at the highest degree of independence 
 for his charges that they are capable of maintaining. 
 
6 JUSTICE AND THE CHILD 
 
 3. Cure or Prevention. 
 
 It is seldom, if ever, possible to know when a man 
 is on the road to disaster. The man who is occasion- 
 ally drunk, frequently gambles, and always lives in a 
 pigsty, may be able to pull himself together before 
 the last ditch of destitution and the loss of his 
 independence either in prison or in the work- 
 house. 
 
 It is true that " the last ditch " may be the first, 
 but the first can only be known to the sufferer him- 
 self and cannot be distinguished by his neighbours, 
 even when they look back after he has fallen into a 
 number of others. It follows that official inter- 
 ference can only begin when the man or woman asks 
 for assistance or has compelled action by some con- 
 travention of the law. This destroys the belief in 
 that blasphemous l adage that " prevention is better 
 than cure." It is commonly held that if men were 
 prevented by the State from getting out of work or 
 from taking too much to drink, and if children were 
 prevented by official doctors from falling ill and 
 having bad teeth, the desired millennium would 
 arrive. It is urged likewise that if the object of the 
 criminal law were the prevention rather than the 
 punishment of crime there would cease to be crimi- 
 nals. We hope, indeed, that an organised system of 
 probation would effectually starve our prisons, but 
 as probation is only applied after an offence it is a 
 type of punishment : the prevention of crime rests 
 ultimately, not with the probation officer, but with 
 
 1 Blasphemous because it is contrary to the divine law which 
 allows each man the power to do evil or to do good. 
 
PREFACE AND PRINCIPLES 7 
 
 the community and the standard of morality 
 demanded by national life. To prevent a person 
 from getting into prison is not the same thing as to 
 prevent him from committing a crime. 
 
 Nevertheless, the probation officer aims at the 
 prevention of the recurrence of crime. I attach 
 importance to this distinction, as it seems to me 
 essential to justice and human liberty to believe in 
 the integrity and honour of men. God does not mean 
 us to be liars and thieves until some political visionary 
 can devise a means of saving us, though both here 
 and abroad there exists some such pessimistic con- 
 ception of His will. 
 
 To some minds after-care is a scheme whereby 
 the whole wage-earning class shall be watched over 
 by officials from birth to death. 1 This is the motive 
 of the scheme actually in operation in certain 
 districts in which each child, of whatever home 
 or parentage, attending the elementary schools is 
 secretly reported on to the labour exchange. For- 
 tunately the pessimists are satisfied with a paper 
 conformity, but this assumption of dependence 
 cannot have a healthy influence and must not alto- 
 gether be disregarded. 
 
 There is one form of prevention which I do advo- 
 cate, and that is the prevention of the State from 
 interfering unnecessarily. If a child is punished for 
 an offence regardless of the cause, it is a mismanage- 
 ment of the practice of cure ; if a lad is apprehended 
 for harmlessly kicking a ball about in the street, it 
 
 1 See " Boy Labour and Apprenticeship," Reginald Bray, 
 pp. 237 et seq. 
 
8 JUSTICE AND THE CHILD 
 
 shows a misunderstanding of the principle. In both 
 cases we must prevent our representatives from 
 wrong action. But to prevent people who act for 
 us from making mistakes is different from restraining 
 hitherto independent persons. 
 
 4. Punishment. 
 
 " In the use that the teacher makes of rewards 
 and punishments he expresses his latent conviction 
 that he is working against the grain of the child's 
 nature." 1 The object of probation is, by avoiding 
 punishment, to work with the grain, and the system 
 is a criticism of our method of punishment. 
 
 The work of the " after-care " worker and pro- 
 bation officer is influenced, as we have seen, by two 
 motives the first to prevent the recurrence of 
 crime, and the second, as a means to that end, to 
 prevent as many people as possible from being com- 
 mitted to prison. The probation officer knows that 
 some 70 per cent, of the men and women committed 
 to prison return there, 2 and he sees in the recidivist 
 the failure of the prison to deter men from crime and 
 its success in making men contented with the 
 
 1 " The Tragedy of Education," Edmond Holmes. 
 
 2 See " Criminal Statistics, 1912," p. 10 : " Of the 10,931 
 persons convicted at assizes and quarter sessions 7,465 had 
 previous convictions," while of the 156,913 persons received in 
 the prisons 103,407 had been previously guilty of other offences : 
 see Tables XXXVI. and XXXVII. The Commissioners of Prisons 
 in their last report (1914) state that of 103,010 males and 33,414 
 females convicted 19 per cent, of the males and 32 per cent, of the 
 females were convicted more than once during the year, and 63 per 
 cent, and 78 per cent, respectively had incurred previous con- 
 victions. " Of the male prisoners sentenced to penal servitude 
 during the year no less than 87 per cent, had been previously 
 sentenced to imprisonment." 
 
PREFACE AND PRINCIPLES 9 
 
 abnormal life of crime. He does not as yet conclude 
 that punishment cannot be given officially, but that 
 what is given is, in the majority of cases, ineffective. 
 The Home Secretary in introducing the Criminal 
 Justice Administration Bill (April I5th, 1914), said 
 that the Bill had been named originally " The 
 Abatement of Imprisonment Bill," and described it 
 as an attempt to abate the evil of imprisonment as it 
 affected juveniles or first offenders. We may at first 
 glance conclude that the Home Office is rising to the 
 Tolstoyan height of doing away with punishment 
 altogether, as indeed it has for a number of juvenile 
 offences, but it is only doing so by keeping alive the 
 fear of the possibility of the punishment it distrusts ; 
 the probation system depends at present upon the 
 prison as an ultimate possibility. How far this fear 
 is responsible for restraining the criminal tendencies 
 of the probationer I cannot say ; a certain fear of 
 prison does exist among those who have not ex- 
 perienced it. But the probation officer will be wise 
 not to depend upon it ; rather he, of all men, has to 
 remember that the spirit of love casteth out fear. 
 
 " The judges shall make diligent inquisition ; and, 
 behold, if the witness be a false witness, and hath testified 
 falsely against his brother ; then shall ye do unto him, 
 as he had thought to have done unto his brother : so 
 shalt thou put the evil away from among you. And 
 those which remain shall hear, and fear, and shall hence- 
 forth commit no more any such evil among you. And 
 thine eye shall not pity ; but life shall go for life, eye for 
 eye, tooth for tooth, hand for hand, foot for foot. 1 
 
 1 Deuteronomy, xix. 18 21. 
 
io JUSTICE AND THE CHILD 
 
 In this saying of " old time " we note three 
 ideas (i) the necessity of knowing all the facts 
 before passing judgment ; (2) the belief in deterrent 
 punishment ; and (3) the disbelief in mercy, or, in 
 other words, the admittance of the spirit of vindic- 
 tiveness : though, as Dr. Scott Holland rightly points 
 out to me, an eye for an eye is a more merciful code 
 than a head for an eye. Tolstoy and others have 
 interpreted the condemnation of part of this law by 
 Christ to apply to all punishment inflicted by man 
 upon man ; while others hold that He was not 
 condemning punishment so much as its vindictive- 
 ness. However this may be, there is no doubt that 
 deterrent punishment has often been ineffective to 
 check crime, though it has succeeded in making the 
 criminal more adept in his work, and when a given 
 punishment was popularly supposed to be too 
 severe, judges, juries, and magistrates found ways 
 to avoid giving it. The death penalty, which is, I 
 imagine, the most deterrent or would-be preventive 
 device which man can conceive, was at one time 
 promiscuously in force. All felonies in which the 
 sum involved was over one shilling were liable to be 
 punished by death. Indeed, as late as 1831 the 
 death penalty l for all crimes totalled 1,601 (52), of 
 which only 14 (12) were for murder, while in 1862 
 out of 29 (15) all save one were for murder. The 
 reduction in the number of crimes liable to so 
 grave a penalty was due not only to its failure as a 
 deterrent but to a clearer view of the functions of 
 the law. Justice was no longer to be an end in 
 
 1 The number executed is given in brackets, 
 
PREFACE AND PRINCIPLES n 
 
 itself lynch law in respectable garments but to 
 be the means of securing a just way of life. Those 
 who opened Parkhurst Prison in 1837 f r juveniles 
 sentenced to transportation were beginning to see 
 this ideal of justice, even though their prisoners had 
 to wear irons ; and it is the growth of the ideal which 
 has led to the particular care exercised over juvenile 
 offenders at the present time. It will not end there. 
 We are finding that imprisonment is ineffective for 
 men and women ; they grow accustomed to punish- 
 ment which has ceased to be a disgrace or an in- 
 convenience to them. A married man knows that 
 his family may be better cared for while he is " over 
 the wall " than when he is at home ; his neighbours 
 merely look upon his absence as a temporary mis- 
 fortune due to being found out, and he returns 
 on discharge to his former environment conscious 
 of possessing some at least of the elements of 
 heroism. 
 
 In this way justice is deprived of the natural and 
 after all most effective punishment the distress of a 
 man's family and the distrust of his friends. This 
 is a serious calamity, for it shows either that the 
 system of justice is out of touch with the people, 
 or that the people have lost the reverence for liberty 
 in which atmosphere alone true justice can survive. 
 I am loth to leave this part of our subject at the 
 threshold of so vast a problem, but its mention will, 
 I believe, serve to show the importance of the right 
 treatment of juvenile crime, a treatment which, by 
 training the young offender to develop and employ 
 his faculties honestly, will give him the power to 
 
12 JUSTICE AND THE CHILD 
 
 appreciate liberty and the desire for what is honour- 
 able and just. 
 
 5. Recent Legislation. 
 
 I dare not suggest that what I have written 
 represents all that has been in the mind of Parlia- 
 ment when it has passed laws which relieve magis- 
 trates of the necessity to imprison certain offenders. 
 This book is not a history of punishment, and it is 
 only necessary to refer to recent Acts which show a 
 distrust of imprisonment as an effective means of 
 checking juvenile crime. 
 
 The Summary Jurisdiction Act, 1879, allows the 
 court to reduce the statutory amount of imprison- 
 ment, or fine, in the case of first offenders, while 
 those guilty of trifling offences can be discharged 
 upon giving surety of good behaviour. No sooner 
 was this Act in operation than the Home Office 
 (October 20th, 1880) was inquiring of chairmen of 
 quarter sessions, magistrates, and others " to con- 
 sider in what way the law ought to be amended, 
 especially with a view to the prevention of imprison- 
 ment of young children whether on remand or after 
 conviction." 
 
 The Probation of First Offenders Act, 1887, allowed 
 the courts to discharge certain offenders finding 
 surety for good behaviour, even if the offence could 
 be punished by two years' imprisonment. This 
 Act was repealed by the passing of the Probation 
 of Offenders Act, 1907, which gave the court power to 
 liberate a person convicted of crime either upon his 
 own recognisances or under the supervision of a 
 
PREFACE AND PRINCIPLES 13 
 
 probation officer. The court, by this means, is able 
 to reserve the sentence of fine or imprisonment in 
 case the offender should give further trouble, other- 
 wise he is at liberty to do as he pleases. 
 
 The Youthful Offenders Act, 1901, was incor- 
 porated in the Children Act, 1908. 
 
 The Children Act, 1908, provided, among many 
 other matters, that no child under fourteen should 
 be sent to prison, and that children between fourteen 
 and sixteen should never be sent to prison unless 
 they were too unruly for other treatment. It also 
 established the Juvenile Court. 
 
 The Prevention of Crimes Act, 1908, introduced 
 the curative form of imprisonment known as the 
 Borstal system. 
 
 The Criminal Justice Administration Act, 1914, 
 
 (1) allows further time for the payment of fines and 
 the reduction of sentence upon part payment ; in 
 this way the " option " may actually be an option 
 for such as are not possessed of much available cash. 
 
 (2) It provides that societies organising (a) probation 
 work for juveniles under twenty-one, and (b) super- 
 vision of children on licence from industrial reforma- 
 tory schools, may be recognised by the Home 
 Secretary, and their representatives may be ap- 
 pointed as probation officers. The Home Office is 
 empowered to contribute toward the expenses of 
 such society. The object of this section of the Act 
 is to develop the work of probation so that the magis- 
 trate may be able to rely upon an effective system to 
 keep many young persons and first offenders out 
 of prison. 
 
14 JUSTICE AND THE CHILD 
 
 There are many other provisions in the above- 
 named Acts which will be referred to in the course of 
 this book. Some we would repeal and others we 
 would increase, but we can only decide that there is 
 hardly a power which Parliament can provide that 
 is not at the service of those who would remove the 
 heavy handicap with which so many begin their 
 lives. 
 
CHAPTER II 
 
 THE ADMINISTERED CHILD 
 
 i. Officials for the Poor. 2. Overlapping. 3. The 
 Effect. 
 
 1. Officials for the Poor. 
 
 THE probation officer has to handle well-ad- 
 ministered persons, and in this chapter I indicate 
 something of the extent and confusion of that 
 administration. It is because of this over-adminis- 
 tration that magistrates are not properly supplied 
 with the previous history of the cases which come 
 before them, and we must learn how the probation 
 officer is to acquire this information without adding 
 to the confusion. He may well be alarmed at the 
 array of officials, for he will discover that no one 
 group of officers is endowed with full knowledge ; in 
 one district it will be the school attendance officer, 
 in another the relieving officer, who has the per- 
 sonality and experience which will supply him with 
 what he needs. 
 
 The probation officer has to face the fact that 
 an army of officials is in the field before him, 
 that they have worked their machines of inquiry, 
 and that it is his business to come in at the end and 
 repair the mischief. His task is not easy. He 
 follows on a method of inquiry which has relied 
 much upon the statement of the parent, and parents 
 become accustomed to make ready statements to 
 
16 JUSTICE AND THE CHILD 
 
 whatever official may be concerned with them at 
 the moment. In this connection I may quote my 
 own experience with a father who had asked for 
 school meals for his fifteenth child ; I was asking 
 him about a child who had left school and appeared 
 also to have left home. " I am sorry, sir, I cannot 
 well remember which is which ; I generally keeps a 
 list of them for ' these occasions/ and I've left it at 
 home." 
 
 Now it must be remembered that " these 
 occasions " indicate an abnormal home, and it 
 is the child from the abnormal home who usually 
 reaches the Juvenile Court. The normal parent 
 decides to subordinate his personal desires to the 
 ordering of the State ; therefore his child attends 
 school regularly, is inspected free of charge by a 
 doctor who does not know his home or history, is 
 treated by a Council Clinic for defects which his 
 parents think unimportant. A consistent policy of 
 acquiescence keeps a parent out of reach of official 
 and voluntary interference in his home. But if he 
 does not acquiesce, then his case becomes abnormal 
 and he is likely to feel the official weight. Practi- 
 cally the whole of the official weight has been put on 
 the families which feed prisons, reformatories and 
 industrial schools, and often they have suffered 
 from voluntary interference as well. 
 
 To give some idea of what this may mean, I set 
 out below a list of persons imposing and offering 
 protection. 
 
 In London there were in June, 1914 : 
 
 Borough Councils : 298 male sanitary inspectors ; 
 
THE ADMINISTERED CHILD 17 
 
 29 female sanitary inspectors ; 16 women who are 
 part-time sanitary inspectors and part-time health 
 visitors ; 21 whole-time health visitors ; 29 clerks 
 to distress committees. 
 
 Guardians : 309 relieving officers. 
 
 London County Council : 297 school attendance 
 officers ; 13 industrial school officers ; 12 " special " 
 officers ; 13 " street " officers, 12 of whom make 
 inquiries for care committees ; 13 unattached 
 officers ; 106 school nurses who visit the homes of 
 the parents in the course of their routine work * ; 
 19 nurses (or the true equivalent of) paid for by the 
 council to the nursing associations for the treatment 
 of minor ailments ; 30 2 assistant organisers of care 
 committees who do care committee work for which 
 voluntary workers are not forthcoming ; 6 infant 
 life protection visitors. 
 
 Home Office : 6 inspectors to supervise parents 
 whose children have been committed to industrial 
 schools. 
 
 Board of Trade : 18 juvenile advisory committees 
 (these do not do much home visiting, as they see 
 children at the exchange). 
 
 This list should include the officials connected 
 with the administration of the National Insurance 
 Act and old age pensions, but this book is not about 
 the bureaucracy. 
 
 1 More as messengers than nurses, as they deliver notices with 
 regard to medical attendance at medical inspection ; inspecting 
 the children's heads and attending the school doctor being their 
 chief work. 
 
 2 This is an estimate. There are 12 district organisers, 
 67 assistant organisers, and 29 clerks working in the district. 
 
 J.C. C 
 
i8 JUSTICE AND THE CHILD 
 
 The number of voluntary agencies who visit is 
 beyond calculation, and the number of visitors 
 attached to each cannot be estimated ; the following 
 list may help to show that there is considerable 
 activity and some danger that ground may be 
 covered more than once : 
 
 N.S.P.C.C. : 40 officers (approximately). 
 
 C.O.S. : Inquiry officers, besides voluntary 
 workers. 
 
 Children's Aid Society : 8 investigation officers. 
 
 Voluntary Health Societies l : 135 Jubilee nurses ; 
 85 Ranyard nurses ; 29 local societies engaged in 
 health work involving home visiting. 
 
 These figures give some idea of the number 
 of persons working for the protection of the poor 
 in London : I believe it to be true that most 
 of the provincial towns have much fewer in pro- 
 portion. 
 
 In Bristol, for instance, there were in June, 
 1914 : 
 
 17 Male sanitary inspectors ; 2 whole-time health 
 visitors ; 24 attendance officers ; i industrial schools 
 officer ; 2 infant life protection visitors. 
 
 Guardians : 15 relieving officers (men) ; i reliev- 
 ing officer (woman) ; i overseer. 
 
 Home Office : I inspector to collect industrial 
 school payments. 
 
 Board of Trade : i juvenile advisory committee. 
 
 The field of operation of these officers would be 
 easily defined if public authorities were not so 
 
 Prepared by the Voluntary Central Committee for London, 
 1914. 
 
THE ADMINISTERED CHILD 19 
 
 numerous and if their records were capable of yield- 
 ing reliable information. Perhaps as the bureau- 
 cracy increases a post may be made for that registrar 
 who was so much trouble to certain of the Poor 
 Law Commissioners and then we may be able to 
 do more than guess at the facts. However, it is safe 
 to say that the work of these officials is chiefly con- 
 fined to the families in which there are children 
 attending the elementary schools. We know that 
 there are about 300,000 such families in London 
 compared with some 25,000 in Bristol. Of these 
 families we may say that the abnormal are those 
 whose children are in receipt of school meals because 
 they are " necessitous." There is no accurate 
 record of this number, for a child necessitous in 
 March and again in November will usually be 
 counted as two children in the returns. But we 
 know that children from about 30,000 homes were 
 fed in London during the early panic of the war, and 
 from what experience I have of London I think that 
 few " necessitous " families failed to take advantage 
 of this provision. There are about 1,500 officials under 
 the public and semi-public authorities concerned 
 with the welfare of the children and their homes, so 
 that we have one paid person to each twenty of the 
 abnormal families in London as compared with one 
 official to forty in Bristol. But the authorities 
 overlap so much that a more accurate indication 
 of their operations is to say that every hundred 
 families of the abnormal class in London is watched 
 over by five independent and frequently antagonistic 
 official persons. 
 
 C2 
 
20 JUSTICE AND THE CHILD 
 
 2. Overlapping. 
 
 The extent to which co-operation is maintained 
 varies in different localities. In Bristol, for instance, 
 I am impressed by the fact that the officials them- 
 selves have seen the advantage of working well 
 together and have been somewhat enlightened as to 
 the place of the voluntary worker. But if we refer 
 again to London we find that the Local Government 
 Board recently addressed a circular letter 1 to the 
 mayor of each metropolitan borough and the chair- 
 man of each metropolitan board of guardians, 
 advocating further co-operation, and suggesting the 
 calling of conferences at which the public health and 
 poor law authorities and the voluntary agencies 
 should be represented and the questions of formu- 
 lating schemes of co-operation discussed. This is 
 evidence, if we need it, of the lack of co-operation at 
 present. 
 
 It is not my object to point out a remedy for over- 
 lapping, but to show who is at work before the 
 Juvenile Court comes into view ; I should, however, 
 like to suggest here that overlapping is not reduced 
 by the allocation of duties to one authority, as there 
 is often less co-operation within the offices of a 
 large authority than between that authority and 
 those outside it. The officials have to be classified 
 according to their functions and approached as 
 though they were separate authorities. There is no 
 active desire for co-operation in official circles except 
 among the relieving officers employed by certain of 
 the more enlightened boards of guardians. This 
 
 1 January 2ist, 1914, 
 
THE ADMINISTERED CHILD 21 
 
 makes a very real difficulty and is responsible for 
 much chaos. 
 
 The redundancy of the official 1 is a popular com- 
 plaint which has little success, because it is not only 
 extremely difficult to remove an official from the 
 public service, but it is difficult for any one but an 
 official to know the facts of official weakness. The 
 result is that the attack is seldom definite and 
 nearly always misinformed ; it must always appear 
 as a complaint against the efficiency of officials, 
 while the trouble is that they are too efficient : 
 hence we seem powerless to do much to bring a 
 unity of purpose into official life. In saying this I 
 would not be held to justify the work which many 
 officers are asked to perform, which is, in my judg- 
 ment, often harmful to the well-being of the State. 
 But the State has imposed these duties, and if they 
 are evil it is we who are to blame, not the officials. 
 I deplore the indifference of the people chiefly con- 
 cerned those we contemptuously term the poorer 
 classes ; they pay the piper indirectly for the 
 most part and they acquiesce in the calling of 
 the tune by others ; they suffer the interference, 
 but they do not realise that day by day they are 
 being robbed of that independence which, once 
 exercised, would sweep away even the pretence of 
 the necessity for so many unproductive adminis- 
 trators. 
 
 3. The Effect. 
 
 The effect of the sporadic interference officially 
 1 See Appendix A. 
 
22 JUSTICE AND THE CHILD 
 
 practised in the lives of the poor is to deprive those 
 whom we would help of the power to receive the 
 help. We endeavour through these many channels 
 to combat the several evidences of but one disease. 
 A child from a neglected home may be visited by a 
 nurse, a care committee member, N.S.P.C.C. officer, 
 Children's Aid officer, sanitary inspector, and school 
 attendance officer. The family is merely confused 
 by the attention, and, having knowledge of what 
 has happened to a neighbour, is not impressed by 
 printed or personal exhortations. The police stand 
 on a different footing ; they do not interfere except 
 under provocation, and they carry the case through 
 to a known conclusion. The fact that the provoca- 
 tion appears inadequate and leaves a sense of 
 injustice behind does not impair the authority of the 
 police in anything like the same degree as the official 
 visitations, which are inconclusive and normally 
 ineffective. 
 
 The difficulty is much less in smaller places, 
 where there is often economy in official machinery 
 and the virtual control of the whole district rests in 
 the hands of one or two local people. But the effect 
 of home visits which are departmentalised, whether 
 by an official in a large town or a voluntary worker 
 in a small one, merely degenerate into doorstep con- 
 versations, which lower the respect of the family for 
 themselves as they lower the respect of neighbours 
 and friends who witness the intrusion. It is the 
 worst of signs when a visitor goes to a home and is 
 not invited in. The lack of courtesy may be due to 
 the untidiness of the house, but it shows also a lack 
 
THE ADMINISTERED CHILD 23 
 
 of interest in the visitor and a carelessness as to the 
 opinion of the street ; such indifference would not 
 trouble us had it not been brought about by over- 
 visitation on behalf of the public bodies who are 
 elected to represent us and if it did not put an effectual 
 barrier round the area of poverty which prevents the 
 egress of the inhabitants therein. Useless visitation 
 has driven the poor into an officially recognised 
 compound from which they have lost the desire to 
 escape. 
 
CHAPTER III 
 
 OFFENDED AND OFFENDING : THE DUTIES OF 
 VARIOUS PUBLIC AUTHORITIES 
 
 i. The Offence. 2. Caught. 3. The Parent. 
 1. The Off ence. 
 
 THERE is little doubt that if the standard of 
 adolescent behaviour demanded of Bermondsey 
 were to be enforced in Oxford few undergraduates 
 would come down unknown to the police. But a 
 gulf is fixed between these two riverside habitations 
 crossed only by a few slender bridges. The vigi- 
 lance of the proctor is as nothing to that of the 
 police, school officers, and " cruelty " men who lie in 
 wait for the offending child and are ready to rescue 
 the young from the evil influence of their parents. 
 The offences of the juvenile with whom we are con- 
 cerned consist chiefly in thieving, acts of mischief, 
 begging, and gaming in public places. The principal 
 figures for 1911 l were : 
 
 Theft or similar faults . . . 10,747 
 Other indictable offences . . 1,270 
 
 Assaults 242 
 
 Cruelty to Animals . . . 233 
 Education Act (truancy) . . 470 
 Obstruction, &c., of highways . 2,401 
 Employment of Children Act . 537 
 
 i " Criminal Statistics, 1911," Table XVI. 
 
OFFENDED AND OFFENDING 25 
 
 Malicious damage . . . 4,617 
 Offences against police regulations 
 
 and local bye-laws . . . 6,530 
 Offences in relation to railways 
 
 (? loitering in stations) . . 395 
 Stealing fruit, plants, &c. . . 1,313 
 Begging and sleeping out . . 798 
 
 Gaming 2,328 
 
 which make up no less than 31,881 out of the total of 
 32,977 juveniles proceeded against. It is interesting 
 to note that boys are the chief offenders, only 5 per 
 cent, of the total charges are against girls, a per- 
 centage which is more than trebled by females over 
 sixteen. 
 
 This list of offences does not exhaust the catalogue 
 of reasons for a child's appearance before a magis- 
 trate. He may have been offended against or in 
 other ways have qualified for admission into an 
 industrial school. The nominal reasons for 4,762 
 children being sent to these schools in 1912 were : 
 Begging (Children Act, s. 58 (i) (a) ) 309 
 Wandering (ibid., s. 58 (i) (b) ) . 857 
 Destitute (ibid., s. 58 (i) (c) ) . . 69 
 Drunken or criminal parents (ibid., 
 
 S. 58 (!)(<*)) .... HO 
 
 Incestuous parent (ibid., s. 58 (i) (e) ) i 
 Frequenting company of thieves and 
 
 prostitutes (ibid., s. 58 (i) (/) ) . 50 
 
 Residing in brothel (ibid. t s. 58 (i) (g) ) 124 
 
 Truancy 2,039 l 
 
 1 Of these 495 were sent to long term, 734 to short term, and 
 810 to day industrial schools. 
 
26 JUSTICE AND THE CHILD 
 
 Charged with punishable offences . 906 
 Charged with being out of control by 
 
 parents (Children Act, s. 58 (4) ) . 251 
 Charged by Guardians (ibid., s. 58 
 
 (5)) 26 
 
 Charged otherwise ... 20 
 
 Total . . 4,762 
 
 3,008 of these children were separated from their 
 parents by being sent to " long term " schools, 
 i.e., until they were sixteen years of age and possibly 
 for two years beyond while " on licence/' The 
 whole of section 58 of the Children Act is designed to 
 save children from undesirable parents, though " if 
 the only common or reputed prostitute whose com- 
 pany the child frequents is the mother of the child 
 and she exercises proper guardianship and takes due 
 care to protect the child from contamination " the 
 child cannot be taken away from her. 
 
 The procession of children through the Juvenile 
 Courts is longer than most men realise. I cannot 
 speak of the thousand reasons for this. The con- 
 victions of persons under twenty-one are happily on 
 the decrease, as the following figures 1 will show: 
 Males of all ages 1902-3, 11*6 ; 1913-14, 6*1. 
 Females of all ages 1902-3, 4*8 ; 1913-14, 2*5. 
 
 The classification of crimes does not in the least 
 
 represent the classification of criminals. The young 
 
 thief may be apprenticed to the thieving industry by 
 
 his parents, or he may have yielded to a casual 
 
 1 Report of the Commissioners of Prisons for 1914, p. 9. 
 
OFFENDED AND OFFENDING 27 
 
 temptation. To smoke, gamble, or sleep out may 
 be the passing stupidity of a normally healthy lad 
 whose parents exercise every reasonable care over 
 him. Both boys and girls experience physical 
 changes in their lives which make them, for a time, 
 subject to moods and imaginings which they will 
 soon grow out of. Boys may indulge in abuses of 
 which new interests may soon relieve them. Again, 
 some of the children apprehended are not fully 
 developed mentally. The knowledge of even a few 
 cases which come to the Court will demonstrate the 
 infinite variety of juvenile crime and character 
 which requires consideration a variety which is 
 subject to no classification. 
 
 Of the offences set out one has most sympathy for 
 the 6,530 children who have offended against regula- 
 tions which are often worrying enough for the adult. 
 I can never see a policeman ordering naked little 
 urchins out of the river without wishing to protest 
 against the majesty of the law. Although touting 
 for light porterage near a railway station, or street 
 selling without a licence, may often be indicative 
 of a wrongly disposed child, I doubt whether the 
 offence should be raised to the category of crime. 
 
 The child that is most offended against is the little 
 girl who has been subject to incestuous or other 
 similar outrage ; as a member of a small committee 
 to which these cases are referred, it has been my lot 
 to see into something of what this evil means. 
 Known offences number about two a week in 
 London and are of every degree of horror, from the 
 case of a little mite of five who contracted disease 
 
28 JUSTICE AND THE CHILD 
 
 as the result of a criminal assault by her mother's 
 brother, to that of a girl of thirteen whose depraved 
 curiosity and instincts made her an active source of 
 corruption among easily led companions of both 
 sexes. Children of the latter type can be com- 
 mitted to certified homes under the Children Act ; 
 other children require a complete change of scene 
 and a healthy month of two in the country before 
 returning to their normal home and school life ; it 
 is usually well to advise the parents to move into 
 another district and send the child to another school, 
 because, even if the offender has not been arrested, 
 there is much unnecessary talk and inquiry among 
 neighbours. 
 
 This type of offence has no particular relation to 
 poverty or to city life ; one would naturally suspect 
 the evil where there is over-crowding, but it occurs 
 practically in every class of society ; the worst cases 
 I have known come from the country. It is not a 
 crime which can be stopped by birchings or penal 
 servitude, it is not a crime that is planned, like 
 burglary ; it is, quite simply, a horrible expression of 
 unrestraint of which no mentally sufficient adult 
 person is guilty without being perfectly aware, if 
 he thinks at all, that he is liable to the severest 
 punishment. The matter is one which a number of 
 people have on their minds, and it may be desirable 
 to mention the penalties to which adults are liable 
 if they offend against the child in this way. 
 
 By the Criminal Law Amendment Act, 1885, the 
 defilement of a girl under thirteen l is a felony, and 
 1 Section 4. 
 
OFFENDED AND OFFENDING 29 
 
 may be punished by penal servitude from three 
 years upwards, or by imprisonment not exceeding 
 two years with or without hard labour. The proof 
 that a man has had " carnal knowledge " of a girl 
 depends upon medical evidence as to penetration, 1 
 which is, however, of no value by itself, and no 
 person can be " convicted upon the evidence of one 
 witness unless such witness be corroborated in 
 some material particular by evidence implicating 
 the accused." 
 
 An " attempt " to have unlawful carnal know- 
 ledge is a misdemeanour for which the guilty person 
 is liable to imprisonment for not exceeding two 
 years with or without hard labour, though if the 
 offender is over fourteen and under sixteen he may 
 be whipped. 2 
 
 The offence, attempted or actual, against a girl 
 over thirteen and under sixteen is a misdemeanour 
 and subject to the above punishment provided 
 that the offender is not able to satisfy the judge that 
 he " had reasonable cause to believe " the child was 
 over sixteen and that the prosecution is commenced 
 within six months of the offence. 3 
 
 An extension of time in this last provision is 
 essential, for when the pregnancy of the girl is the 
 first indication, and the absolute proof that an offence 
 has been committed, it is absurd to be prevented 
 from using that evidence at the time when it is 
 
 1 See " The Law of Children and Young Persons," L. A. 
 Atherley Jones, K.C., and H. H. L. Bellot, p. 188. 
 
 2 Ibid. 
 
 3 Prevention of Cruelty to Children Act, 1904, s. 27. 
 
30 JUSTICE AND THE CHILD 
 
 becoming impossible to conceal it. Unhappily, to 
 prove the offence is not to find the offender. 
 
 The practical thing to do in these cases is to see 
 that every effort is made to save the child from the evil 
 effects, a duty which, in many cases, the parents are 
 amply competent to fulfil. But where the offender 
 has been arrested and it is necessary for the girl 
 to be medically examined or to submit to questioning 
 by the police magistrate or judge, it is desirable that 
 she should have the friendly counsel of a woman, 
 besides her mother, whose presence in court will 
 reassure her and whose knowledge of the procedure 
 may save an unnecessary repetition of detail. In 
 London a woman has recently been appointed by 
 the Commissioner to take the depositions in cases of 
 this kind. In the country districts it is more diffi- 
 cult, but either a female probation officer or a 
 woman constable should be available. 
 
 I have spoken of this particular difficulty because 
 it is the most serious with which the probation 
 officer will have occasion to concern himself or 
 herself. Fortunately, it is not common. 
 
 2. Caught. 
 
 The police are the more humane of the officials 
 who prey upon the young, though here and there 
 one will find a constable boasting of the number of 
 children he has saved from their parents. 
 
 I have in mind the house of a police officer which 
 served as a kind of depository for illegitimate and 
 unwanted children. A mother would come round 
 with a pitiful tale of distress and desertion and ask 
 
OFFENDED AND OFFENDING 31 
 
 that her children might be taken ; the officer would 
 tell her to be at the end of the street at a certain 
 time with the children, where he would meet her 
 with the school officer and find them " wandering." 
 Naturally, a complacent officer of this kind is more 
 pleasant to deal with than a relieving officer who asks 
 questions ; he does not suggest to the magistrate 
 that it is worth while searching for the father nor 
 propose that the parent should contribute to the 
 maintenance of his child. 1 Officers whose idea of 
 their duty is to secure as many children as possible 
 do not make inquiries. 
 
 An example of this kind does not do justice 
 to the remarkable resource and patience shown 
 by many officers in the extraordinary difficulties 
 with which their path is set. I have known men 
 in the service of the London County Council who 
 have watched night after night outside a house 
 known to be a brothel, in which children were 
 growing up in unspeakable conditions. Evidence in 
 such cases is hard to get, and fortunately children 
 are not often involved, but the magistrate requires, 
 and rightly so, more than the bare statement of one 
 man. The house is one of a terrace in which each 
 house is occupied by several families ; in all there is 
 much more coming and going than in a house with a 
 single family : the street lighting, if sufficient for 
 traffic, does not assist those who would recognise 
 the passer-by. At last comes the night when some 
 brawling occurs, when the people are more drunk 
 than usual, and the watchers for there are two of 
 
 1 Children Act, s. 22 (2). 
 
32 JUSTICE AND THE CHILD 
 
 them are able to establish the promiscuity of the 
 male visitors to one room and the lateness of their 
 departure. Then, armed with their evidence, which 
 includes a history of neglect from school teachers, 
 school doctors, and care committee or church 
 visitors, the borough council is informed and is able 
 to advise the police to descend upon the house 
 while the industrial school officers take the children. 
 Again I recall at least one case in which my 
 judgment as to the state of the home was wrong, 
 though I had seen the fiercest of battles between the 
 mother and father and knew the children were 
 constantly verminous. The school officer main- 
 tained that it was only a result of an abnormally 
 long drinking bout it had lasted two months 
 that when it was over the man would regain his 
 senses and all would be well. He was right, and 
 owing to the intervention of a mission woman the 
 man and his wife were, to my delighted surprise, 
 induced to give up drinking altogether. 
 
 3. The Parent. 
 
 In the list of reasons given on p. 25 for the 
 admission of children into certified schools the 
 parents or other persons responsible for the child's 
 condition are liable to sundry penalties. 1 The extra- 
 ordinary fact is that while a number of children are 
 removed from their homes under the first three 
 sections (Children Act, s. 58 (i) (a), (b), and (c) ), 
 their parents are frequently not proceeded against 
 that is to say, the magistrates find the child proven 
 
 1 See Children Act, ss. 12, 14, 1 6, 17, 19, " Truancy " should 
 not be included t 
 
OFFENDED AND OFFENDING 33 
 
 to be wandering, begging or destitute without 
 necessarily fastening the responsibility for that 
 condition upon his parents or any one else. This is 
 not satisfactory ; it is for this reason that such a 
 receiving home for illegitimate children as I have 
 already described on p. 30 becomes possible, and it 
 lowers the legal standard of parental duty. Knowing 
 as I do many undesirable homes, I am, nevertheless, 
 amazed that we dare ever to decide that a child will 
 be better off and have a fairer chance if removed 
 from the control of its parents. I know families 
 where the parents seem altogether to have " missed 
 fire " and yet whose children have grown up into 
 honourable and responsible men and women without 
 the official fuss which would now be made about them. 
 How easy it is to point also to good families where 
 the reverse is the case. But there are the others. 
 The probation officer will come in contact with 
 every kind ; he will not fulfil his duties less success- 
 fully if he is diffident and anxious about his work. 
 
 4. Duties of Public Bodies. 
 
 The children or young persons who do not keep 
 " within the law," or the conduct of whose parents 
 renders them liable to apprehension, may be 
 " charged " with the offence by " any person." l 
 In practice this is a duty seldom recognised except 
 by certain public authorities. For those not 
 familiar with the working of our judicial system as 
 applied to juveniles the following classification, 
 
 1 For procedure, see Children Act, s. 24 
 J.C. D 
 
34 JUSTICE AND THE CHILD 
 
 taken in conjunction with the list of crimes already 
 given, may be of use : 
 
 (i.) The child between twelve and sixteen years 
 of age, who has committed an offence which would 
 make him liable to imprisonment were he an adult. 1 
 The police and education authorities 2 are concerned 
 with these cases ; the child may be committed to a 
 reformatory school 1 or placed on probation. 3 
 
 (ii.) The young offender over sixteen and under 
 twenty-one. These cases are taken at the ordinary 
 police courts, not the children's court ; the young 
 person may be sent to a Borstal institution 4 or be 
 placed on probation. 5 
 
 (iii.) The child, under fourteen, who is taken up for 
 begging or " wandering." 6 
 
 (iv.) The child, under fourteen, whose parents are 
 unfit to exercise proper guardianship 7 i.e., if the 
 child is destitute and its parents are of drunken, 
 criminal or vicious habits ; or if the child is living 
 in a house frequented by prostitutes. In this and 
 the previous division the education authority is 
 primarily responsible as the children may be sent 
 to industrial schools, 8 though the police co-operate. 
 The National Society for the Prevention of Cruelty 
 to Children (N.S.P.C.C.) is naturally aware of many 
 
 1 Children Act, s. 57. 
 
 2 Ibid., s. 58 (8). 
 8 Ibid., s. 60. 
 
 4 Criminal Justice Administration Act, 1914 
 6 Probation of Offenders Act, 1907. 
 B Children Act, s. 58 (i) (a), (b). 
 i Ibid., s. 58 (i) (c) to (g). 
 
 8 Named by the education authority to the magistrate, who 
 usually adopts the recommendation. 
 
OFFENDED AND OFFENDING 35 
 
 of these cases, as it exists to protect the neglected 
 child. In London the County Council passes on to the 
 N.S.P.C.C. all complaints as to neglect and ill-treat- 
 ment which are not sufficiently serious to warrant 
 the removal of the children from their homes. 
 
 (v.) The last and smallest division is of the chil- 
 dren who habitually play truant and may be sent 
 to an industrial school. 1 There are few cases which 
 are sufficiently serious for such treatment ; the 
 education authority is alone responsible for them. 
 
 The responsibility of the police officers and the 
 education officers is a little mixed ; the Children 
 Act 2 says that the police are not to take proceedings 
 if " the case is one within the cognisance of the local 
 education authority and that authority decide them- 
 selves to take the proceedings." In some districts 
 the mere inquiry from someone representing the 
 education authority will lead the police to decide 
 not to take any further responsibility in the case. 
 This is particularly unfortunate when one is anxious 
 to remove a child from a brothel, because the police 
 have more opportunity of knowing the whereabouts 
 of such places than the school officers. It is of 
 little importance that in one town the initiative is 
 taken by the police and in another by the education 
 authority, but the mistake is in having given the 
 education authority duties which can be better 
 performed by the police. 
 
 The Poor Law Authorities may adopt any children 
 maintained by them whose parents are unfit to 
 
 1 Children Act, s. 58 (6). 
 
 2 Section 58 (8) (a), 
 
 D 2 
 
36 JUSTICE AND THE CHILD 
 
 have control over their children, but they do so 
 under the Poor Law Act of 1899, and not under the 
 Children Act, 1908. The guardians relieve the 
 necessities of a widow's home by boarding and 
 educating some of her children ; if she begins to 
 lead an immoral life the education authority may 
 step in, without consulting the guardians, and charge 
 the remaining child or children when the guardians 
 were about to act less drastically. It frequently 
 happens that the education authority charges 
 children with wandering or begging whose parents 
 are in receipt of poor law relief and does not inform 
 the magistrates of the fact. It would appear desir- 
 able that no child should be brought before the 
 magistrates without a statement from the relieving 
 officer as to his knowledge of the family. 
 
 The minority of the Poor Law Commission re- 
 ported at some length on this point, 1 ultimately 
 coming to the conclusion that the education autho- 
 rity should have sole responsibility for neglected 
 children, but in the light of subsequent experience 
 this would not now seem advisable. The Children 
 Act is probably administered nowhere so satis- 
 factorily as in Scotland by the poor law authority. 
 How many public authorities could report that : 
 
 " Proceedings under sections 58 and 59 of the Children 
 Act were taken in 23 cases (representing 56 children 
 found wandering and under the care of drunken, criminal 
 and immoral parents, and living in brothels). ... Of 
 these ten parents were ordered to contribute sums 
 
 1 Poor Law Commission Minority Report, 1909, Part I., 
 Chapter IV. 
 
OFFENDED AND OFFENDING 37 
 
 ranging from is. to 75. 6d. weekly towards the main- 
 tenance of the children ; a putative father of two 
 children was ordered to pay 45. weekly, and a man, 
 living in cohabitation with the mother of five children, 
 was ordered to contribute 2s. 6d. weekly towards their 
 maintenance, notwithstanding that he is not their father. 
 Three or four parents were allowed another opportunity 
 to exercise better guardianship." J 
 
 To those who have witnessed the confusion in the 
 administration south of the border the report from 
 which this extract is taken is a stimulating docu- 
 ment. I am aware that Mr. Motion, the inspector, 
 is an exceptional person and that under his direction 
 the Children Act is necessarily well administered ; 
 but I know a number of relieving officers in London, 
 and am quite certain that, given the opportunity, 
 they would do the work well. These are the only 
 officers trained to look upon a family as a whole ; 
 they expect parents to contribute to the maintenance 
 of their children. The education authority, on 
 the other hand, has no successful experience in that 
 respect ; it failed to collect fees, as it is now failing 
 to recover the cost for the provision of meals and 
 medical treatment to the children attending its 
 schools. The guardians have a complete variety of 
 residential homes, schools, and asylums for the 
 varying needs of the children to supplement the 
 Home Office schools designed for " industrial " 
 training. The guardians use the Home Office 
 schools for certain cases, and there might be further 
 co-operation between the two authorities. 
 
 1 Parish of Glasgow Report for half-year ended November I5th, 
 1913- 
 
38 JUSTICE AND THE CHILD 
 
 The shadow of the rates is cast over many dis- 
 tricts, so that it is not always easy to know whether 
 children are allowed to remain in bad homes owing 
 to an excessive zeal for parental freedom or because 
 the authority does not wish to contribute to their 
 maintenance. Vagrant children wandering through 
 the domains of various education authorities 1 may 
 escape them all, though it is clearly the intention 
 of the Act (section 118) to meet this difficulty. The 
 London County Council, though it is not legally 
 liable, encourages the apprehension of all such 
 children. Many other authorities refuse to proceed 
 even when a vagrant child has been actually taken 
 up by the police. 
 
 Doubtless, the confusion in the administration of 
 the laws relating to children might be overcome, to 
 some extent, if Parliament were to define the respon- 
 sibilities of the various public bodies, and doubtless 
 some authorities would achieve better results were 
 the use of the rates more elastic ; but I would sug- 
 gest that these reforms can only be effective as they 
 express the public conscience. When one child is 
 sent away to an industrial school while his brother 
 and sister are allowed to remain in the home which 
 was too bad for him, there is something wrong, not 
 with the overlapping of officials, but with the work 
 of one official. There are hundreds of such cases. 
 When homes are broken up without sufficient cause, 
 or when families are allowed to remain in an evil 
 state, the real blame may rest with negligent 
 private persons. I have no doubt that if our first 
 
 1 Children Act, s. 74 (5) (c). 
 
OFFENDED AND OFFENDING 39 
 
 care were to do justly by the children, understanding 
 that the condition of the child is the condition of the 
 home of which he is part, we should find the means. 
 As the desire for justice grows we shall learn that 
 crime is an expression of a growth which has its roots 
 in most of us ; we shall cease to be concerned with 
 theories about example, prevention, and the need 
 for legislation, and we shall attempt to do unto 
 others as we would be done by. We shall turn from 
 the study of the law to the practice of life. 
 
CHAPTER IV 
 
 REMAND HOMES 
 
 THE story of the elephant whose solicitude for the 
 deserted family of chicks was exercised so disas- 
 trously is the only analogy which can be appro- 
 priately used to describe our management of the 
 children under arrest. We sit on them very 
 clumsily and heavily. 
 
 The Remand Homes owe their inception to a 
 Local Government Board Order of April, 1897, but 
 until the Youthful Offenders Act of 1901, the children 
 were remanded to the ordinary workhouse. This 
 Act enabled l either a county or borough council or 
 a school board to defray the whole or any part of 
 the expenses for maintaining children on remand. 
 Three London homes were opened, in January, 1902, 
 by the Metropolitan Asylums Board. The Children 
 Act, 1908, transferred the control to the London 
 County Council, 2 and at the same time enabled the 
 police to send children 3 to the homes, now called 
 " places of detention," upon apprehension. This 
 latter clause was necessary in order that children 
 should not be detained in the police stations. In 
 
 1 The Youthful Offenders Act, 1901, s. 4. 
 
 2 The transfer took place early in the year 1910. 
 8 Children Act, s. 94. 
 
REMAND HOMES 41 
 
 1907 312 children slept in police stations prior to 
 admission to the homes. 1 Except in the metro- 
 politan area these homes are arranged for by the 
 police 2 and are of several kinds. The private home 
 of a retired police officer, a short term industrial 
 school, a refuge, such as the Strangeways Refuge, 
 Manchester, and the place of detention for ten chil- 
 dren under the Birmingham authority will indicate 
 the way in which the demand has been met. 
 
 When any child under the age of sixteen has been 
 " taken up " by the police or school authority he 
 has to be formally " charged " at the police station. 
 The police superintendent is expected to release 3 
 the child " on a recognisance " unless the alleged 
 crime is grave, or the child would return to associa- 
 tion with any reputed criminal or prostitute, or 
 there is " reason to believe that the release of such 
 person would defeat the ends of justice." If the 
 child is not released he is conveyed at once to the 
 Remand Home, where he is at hand to be taken 
 before the magistrate at the next sitting of the 
 Juvenile Court. 
 
 I am convinced that in London too many children 
 are sent to the Remand Homes upon apprehension ; 
 obviously a child found sleeping under an arch at 
 night cannot always be handed over to his parents, 
 and the 312 children in 1907 might all have legiti- 
 mately been kept over night in a police cell ; but in 
 
 1 Tenth Annual Report of the Children's Committee, Metro- 
 politan Asylums Board, 1907. In 1905 the number was 416. 
 * Children Act, s. 108. 
 8 Children Act, s. 94. 
 
JUSTICE AND THE CHILD 
 
 1912 the number detained on apprehension had 
 increased to 1,403. 
 
 The figures of children detained in Remand 
 Homes l in the metropolitan area are : 
 
 Year. 
 
 Number 
 sent on 
 Apprehen- 
 
 Number 
 (not pre- 
 viously sent) 
 sent on 
 
 Total.* 
 
 
 sion. 
 
 Remand. 
 
 
 IQII . 
 
 1,252 
 
 956 
 
 2,208 
 
 1912 . 
 
 1403 
 
 1,203 
 
 2,6o6 
 
 Of these totals 698 and 727 children were after- 
 wards committed to industrial reformatory schools, 
 so that presumably in two years 1,510 and 1,879 
 children were detained in the homes unnecessarily. 
 
 The remand is for a week or a fortnight while the 
 officers make their investigations or the appropriate 
 committee is arranging for a school to which the 
 child is to be sent. Some cases are adjourned five 
 or six times ; a girl with heart trouble, and there- 
 fore not eligible for industrial training, was detained 
 for nine months, while 40 girls were once detained 
 for seven weeks because of two slight cases of 
 chicken-pox. 
 
 1 See Report of the Commissioner of Police of the Metropolis, 
 1912, p. 70. 
 
 z The total of new receptions is 2,275 and 2,719 respectively, 
 but these totals include children who were sent deliberately to be 
 punished or who were waiting for a school and had not been 
 detained before the proceedings in court. 
 
REMAND HOMES 43 
 
 The periods for which children were remanded to 
 these homes in 1909 l : 
 
 4 children for four, five, eight, and nine months and 
 
 under. 
 
 three months and under, 
 two months and under, 
 one month and under. 
 
 390 
 1,422 
 
 three weeks and under. 
 
 two weeks and under (883 of these 
 
 were for eight days). 
 455 one week and under. 
 
 2,406 
 
 These places are obviously difficult to conduct, as 
 children of all ages have to be provided for. The 
 homes have to take in infants as well as young 
 hooligans of fifteen, while there is, alas, occasional 
 necessity to house a child prostitute or a young girl 
 of fifteen who is pregnant. There is therefore a 
 demand for more Remand Homes, with the conse- 
 quent power to separate the children and allow for 
 better classification. Some have been apprehended 
 for faults of their own commission, others through 
 the neglect of their parents ; some children need 
 careful watching, others are harmless and innocent. 
 One may imagine that the problems presented to 
 the officials in charge are sufficiently numerous. 
 
 The following table shows the number and 
 accommodation of the Remand Homes under the 
 control of the London County Council. The 
 
 1 Report of Children's Committee, Metropolitan Asylums 
 Board, p. 41 ; this return has not been continued by the London 
 County Council, so these are the last available figures. 
 
44 
 
 JUSTICE AND THE CHILD 
 
 average daily number of inmates in 1911-12, with 
 an accommodation then for 169 children, was 104, 
 an increase of 40 on the daily average for the previous 
 year : 
 
 Place of Detention. 
 
 Accommo- 
 dation. 
 
 Ages of Inmates. 
 
 Harrow Road 
 Pentonville Road . j 
 
 Ponton Road . . I 
 
 45 boys 
 51 boys } 
 33 girls ) 
 30 girls 
 40 infants 
 
 12 1 6 years. 
 7 12 years. 
 
 ii 16 years. 
 Under 7 years. 
 
 
 199 
 
 
 , Formerly each home served certain police dis- 
 tricts and no classification of the children was 
 attempted. The above table shows how a classifi- 
 cation of age and sex has been effected, though at 
 considerable inconvenience to the police in districts 
 far removed from the appropriate home. 
 
 The homes are managed 1 by a sub-committee of 
 the Council, whose individual members give much 
 personal service in the supervision of the internal 
 arrangements. A superintendent and his wife are 
 in charge ; qualified school teachers, and trained 
 nurses visit the homes daily. 
 
 An increase in the number of homes may be neces- 
 sary, further classification may be desirable, higher 
 
 1 When under the Metropolitan Asylums Board the manage- 
 ment committee used to meet fortnightly in the homes by 
 rotation. 
 
REMAND HOMES 45 
 
 qualifications might be demanded of the officers in 
 charge, but the immediate necessity is to reduce the 
 number of children sent to the homes and to shorten 
 the time they remain in them. 
 
 We may rightly learn something from Continental 
 experience in this respect. In Budapest nearly all 
 the children are allowed, after the formal charge has 
 been made, to return to their own homes ; in France 
 the magistrate may provisionally place the child 
 under the care of its family, or of a " person worthy 
 of confidence " or of a charitable institution. In the 
 gravest cases only is it considered necessary to 
 retain the offender under official control. Charitable 
 institutions are made use of abroad to a considerable 
 extent. In the largest of the kind in Paris the 
 building is also used as the head office of the society 
 and the publishing office of a journal, UEnfant, 
 devoted to the problems of juvenile care. 
 
 The Jugendheim in Munich is similarly a voluntary 
 institution, and the atmosphere in both these homes 
 is much more free and less lugubrious than what 
 one would meet with in London. In 1913 205 
 lads l were received from public authorities and 
 75 from private persons and charitable institutions. 
 An analysis of the official figure 205 gives an 
 instructive comment on bureaucratic administra- 
 tion : 52 were sent by the Juvenile Court, 8 by the 
 Orphan authority, 43 by the police, 27 by the 
 Poor Law, and 75 by the municipal council. The 
 overlapping involved will be more obvious when 
 
 1 I obtained these figures in the home itself ; they had not been 
 published. 
 
46 JUSTICE AND THE CHILD 
 
 these figures are compared with those showing 
 the causes which led to the apprehension of the 
 children : 102 because of bad home conditions ; 
 85 because children appeared to be without homes ; 
 71 because the authority sending them required the 
 child to be watched ; while only 22 were received 
 on arrest pending the proceedings in the Juvenile 
 Court. The average number of inhabitants in the 
 home is 24 ; there is accommodation for 36, for 
 whose surveillance there is a staff consisting of a 
 superintendent, his assistant, a workmaster, and the 
 cook. 
 
 I went to this home because I was interested in a 
 boy of twelve who had stolen twenty door handles, 
 which he had hidden under the snow until he had 
 time to break them up to sell for old metal. I found 
 him engaged with a dozen other lads, aged from 
 twelve to seventeen, in making boxes and cupboards 
 in the carpenter's shop under the direction of the 
 workmaster. The governors are proposing to add 
 ordinary school teaching to their curriculum ; I 
 think that no one having seen this type of instruction 
 attempted in an English Remand Home would 
 encourage them in that idea. The superintendent 
 can send the lads out to an ordinary elementary 
 school if he thinks they may be trusted. The only 
 fault I had to find with this home and a similar 
 failing occurred in another institution in the same 
 city was the lack of supervision in the dormitory. 
 In the Paris Homes there are three dormitories for 
 different age groups and one of the staff sleeps in 
 each. 
 
REMAND HOMES 47 
 
 Conclusions. 
 
 There are a number of voluntary institutions 
 which could be used as supplementary Remand 
 Homes in London, as they are to a certain extent 
 in the provinces. The Children Act (see section 
 1 08 (3), (4), and (5) ) contemplates the use of other 
 than purely official homes. I commend this course 
 to those in authority. But it is more important to 
 allow as many children as possible to remain in their 
 own homes until the court proceedings are over and 
 their fate decided. It might then be found that the 
 present accommodation was amply sufficient. Lastly, 
 efforts should be made not to detain any child in a 
 Remand Home for more than seven days ; this 
 should give ample time for the formalities to be 
 accomplished. 
 
CHAPTER V 
 
 THE JUVENILE COURT 1 
 
 I. The Court. 2. The Child. 3. The Magistrate. 
 4. Evidence. 5. Women in Court. 6. Jury. 
 7. Child's Advocate. 8. Conclusion. 
 
 1. The Court. 
 
 A BOARD room of a large but not noticeably 
 prosperous commercial company in which are a few 
 elderly directors at one end of a long table, the 
 secretary, a capable looking person in spectacles 
 with a big book before him, and three members of 
 the staff, one of whom is a woman, was not what I 
 had come to see. Yet I was in the town-hall, a 
 policeman had shown me into the room, and the 
 chairman had approved my note of introduction, 
 which said nothing of commerce. I was nevertheless 
 present at a sitting of the Children's Court in a large 
 manufacturing town ; the directors were the magis- 
 trates and the secretary their clerk. 
 
 This soon became clear when a man, with his 
 twelve-year-old daughter, appeared in order to 
 obtain a licence for the child to go on the stage, and 
 
 1 The Children Act, section x 11., is responsible for the provision 
 of Juvenile Courts. The " Court of Summary Jurisdiction " is 
 directed to take the case of any juvenile under sixteen years of age 
 either in a different building or room from that in which the court 
 ordinarily sits or on a different time from the ordinary sittings. 
 The court is not open to the public. Juveniles charged jointly 
 with adults are tried in the adult court. 
 
THE JUVENILE COURT 49 
 
 when a bright youngster followed them to receive 
 his sentence for window smashing. There were not 
 many cases, and the leisurely proceedings were soon 
 over. 
 
 There is a satisfactory individuality about every 
 Juvenile Court I have visited either in this country 
 or abroad. The most informal I have met with was 
 at Budapest, while the most formal was conducted 
 by one of the metropolitan stipendiary magistrates 
 and was, as it happened, the most efficient. It 
 hardly seems of much importance whether the pro- 
 cedure is formal or informal everything depends 
 upon the spirit in which the magistrate takes the case. 
 
 In London the number of cases usually prevents 
 the atmosphere of leisure which so often pervades 
 the country court ; in some courts it is not only the 
 atmosphere which is missing the cases are hurried 
 through too quickly. But this is exceptional, and 
 the uncommon measure of patience which juvenile 
 cases demand is usually to be met with. The 
 difference between a Metropolitan Police Court and 
 a Juvenile Court is chiefly to be noted in the newness 
 of the interior and the small number of persons 
 present. The latter quality is, however, not in- 
 variable, as some magistrates allow all the officers 
 who are interested in particular cases to be in court 
 for the other charges, and this liberty often results 
 in an overcrowded court. 
 
 2. The Child. 
 
 But whether the court be crowded or not, the 
 most unconcerned person present is frequently the 
 J.c. E 
 
50 JUSTICE AND THE CHILD 
 
 child whose case is being considered. I have often 
 been present at the Central Criminal Court when 
 adult prisoners are being tried, and have noted the 
 apparent indifference with which child witnesses 
 face the barrister or the judge ; possibly it is his 
 unusual dress which robs him of the power to inspire 
 fear. The child does not understand much of what 
 takes place ; he answers the questions as they are 
 put, not as they are in the mind of the questioner ; 
 he has usually a clear vision of what he has seen 
 which cannot be blurred, even by those practised 
 in the art of confusing witnesses. In the Juvenile 
 Court, the ignorance of the child as to what is taking 
 place is often only equalled by that of his parents 
 an ignorance which is sometimes the willing servant 
 of indifference. But the complaint made against 
 police court procedure that those concerned do not 
 get the chance of " saying their say " cannot be 
 upheld against the Juvenile Court. The magistrate 
 usually allows the parents full liberty to break into 
 the discussion when the spirit moves them. 
 
 It is undoubtedly important that any police court 
 proceedings, whether juvenile or adult, should be 
 made as little harmful to children necessarily 
 present as possible. There is room for improve- 
 ment in the accommodation provided both for wit- 
 nesses and delinquents. Both may have to wait 
 several hours in the precincts of the court. The 
 rooms provided for the children and their attendants 
 from the Remand Home are often not large enough. 
 The provision for witnesses is a more serious problem. 
 I have known " the ends of justice " defeated by 
 
THE JUVENILE COURT 51 
 
 collaboration between witnesses during a long wait ; 
 while there are many cases in which it is most 
 desirable that the different parties should not be 
 compelled to wait in each other's company. 
 
 3. The Magistrate. 
 
 The power of the magistrate is so extensive and 
 the problems with which he has to deal are so varied 
 that it is surprising there are not more complaints 
 against police court procedure than there are. 
 
 Many people are not satisfied that the magistrate 
 whose main work is with adults is the most suitable 
 judge of the juvenile, and there is a demand for 
 special magistrates for children's cases only. It is 
 urged by those making the demand that many of 
 the children charged are not criminal, and that the 
 magistrate needs not only to know the law, but to 
 understand the heart of the child, his environment 
 and temptations, and the particular treatment 
 which he may require. This sympathetic apprecia- 
 tion of the child's position is said to be unattainable 
 by magistrates who have to spend the larger part of 
 their time in fining drunkards, imprisoning prosti- 
 tutes, and passing judgment generally upon the 
 crude delinquencies of the adult. It is claimed also, 
 and with occasional justification, that more con- 
 sideration should be given to each case, that the 
 magistrates should consult with people who know 
 the child and attempt to arrive at a decision which is 
 based more upon human understanding than upon 
 legal formulae. 
 
 In France, where there are both special magis- 
 
 E 2 
 
52 JUSTICE AND THE CHILD 
 
 trates and special courts, a claim is now being put 
 forward * that all matters, both civil and criminal, 
 in which children under eighteen are concerned 
 should be brought to the Juvenile Court. This 
 system was, I believe, only practised in Belgium 
 and to a limited extent at the Tribunal de la 
 Seine in Paris. It might often be an advantage, 
 especially where parents are charged with neglect or 
 cruelty or where men are charged with indecent 
 assault, if the jurisdiction of the Juvenile Court were 
 extended in this direction. 
 
 However, to extend the functions of the Court is 
 not to specialize the magistracy. Are magistrates 
 found to be unsympathetic or without sufficient 
 discernment when dealing with children ? Is not 
 the same quality of mind equally to be desired 
 in all matters of alleged or actual crime ? It 
 would, I think, be difficult to answer this first 
 question in the affirmative ; but, even were it 
 otherwise, who is to decide, and on what grounds, 
 which magistrate is specially constituted to under- 
 take the juvenile work ? Further, the experience 
 gained in the adult court is of great value in the 
 Juvenile Court ; many of the children come from 
 homes from which the parents have already been con- 
 victed of drunkenness or theft or graver crime. In 
 both courts the main business of the magistrate is 
 to get to know the truth from all sorts and conditions 
 of persons, and to decide what punishment is best 
 fitted to the criminal. 
 
 1 Revue des Tribunaux pour Enfants, March, 1914 : " La 
 sp6cialisation des magistrals," Pierre de Casabianca. 
 
THE JUVENILE COURT 53 
 
 The argument which finally disposes of the case 
 for special magistrates is that children are fre- 
 quently involved as witnesses in adult cases. This 
 argument would be weakened if adult persons 
 charged with offences against children were tried in 
 the Juvenile Court ; but were such an addition 
 made to the functions of the Juvenile Court it would 
 deprive that court of many of its present advantages, 
 which would reduce the claim for special magis- 
 trates to an absurdity. The complaint that the 
 same magistrate may not be present when a re- 
 manded case is heard a second or third time is a 
 valid objection which should be remedied. 
 
 4. Evidence. 
 
 " The practice of the courts," says Dr. James 
 Devon, the medical officer of His Majesty's prison at 
 Glasgow, " has changed much more than the law 
 during the last ten years, and there is a greater dis- 
 position on the part of the judges to seek information 
 regarding those who are brought before them." 1 
 This is equally true of the magistrates, though there 
 is much variety in their methods. Some magistrates 
 regularly discount the statement of official witnesses, 
 the police, school and probation officers, and 
 N.S.P.C.C. inspectors. In other courts these wit- 
 nesses are regarded as almost infallible. Magistrates 
 do not sufficiently appreciate that official evidence 
 has frequently been obtained recently and at second 
 hand. I have heard an officer relate the story of 
 
 1 " The Criminal and the Community," p. 164. 
 
54 JUSTICE AND THE CHILD 
 
 the family to the magistrate as though he had 
 known the parents for years when he was merely 
 retailing the statement of the mother whom he had 
 met for the first time outside the court. There is 
 hardly a sitting of any court which does not receive 
 with profound attention an equally irresponsible 
 statement. It ought not to be necessary to remind 
 the authorities that " when all the proofs are depen- 
 dent upon one, the number of proofs neither in- 
 crease nor diminish the probability of the fact." 1 
 
 Generally speaking there is confusion in official 
 minds between evidence and the statement of their 
 own impressions both important in the considera- 
 tion of the case, but to be kept distinct. The 
 unofficial witness is often little better, but he is 
 generally there to relate his personal experiences 
 and is not expected to know what he has not seen. 
 
 The kind of evidence which the law may require 
 is often unknown, and in courts of summary juris- 
 diction " case law " is not argued. For example, 
 one of the causes for which a child may be charged 
 under the Children Act is that his parents are " unfit 
 to have the care " of him " by reason of criminal 
 or drunken habits.'* 
 
 Author : What is a criminal habit ? 
 
 Reader : To take alcohol to excess, to be a burglar, 
 to be addicted to crime of any kind. 
 
 Author : How would you decide when a parent was 
 addicted to crime ? 
 
 Reader : When he had been fined or imprisoned 
 several times for the offence. 
 
 1 Marquis Beccana, of Milan. 
 
THE JUVENILE COURT 55 
 
 Author : How many times ? 
 
 Reader : I don't know ; I should say twice would 
 be enough if his children were uncared for. 
 
 Author : Twice ! Well, and within what period ? 
 
 Reader : Oh, say a year. 
 
 Author : Well, and if that were to be the standard, 
 which it isn't as yet, is it to apply to one parent or 
 both? 
 
 Reader (being unusually intelligent) : I should let 
 that depend upon the condition of the children 
 during a longish period. 
 
 Author : That is a good answer, for very often 
 one parent might have graduated in crime while the 
 other remained decent and kept the home together, 
 but for how long ? 
 
 Reader : Let us go on with the book. 
 
 The above conversation will suggest the diffi- 
 culties to be overcome. I took part in an inquiry 
 in a criminal district of Paddington to see how far 
 clause 58d, among others, in the Children Act, could 
 be more effectively enforced. We were working 
 officially for the London County Council and were 
 supported in every possible way by the police and 
 other officers, the clergy and church-workers and 
 the Paddington Betterment Association. It is safe 
 to say that we were concerned with some of the 
 most neglected children in London ; we had records 
 of their verminous condition, the police supplied 
 records of many convictions, and yet the worst 
 cases were found to have some redeeming feature 
 which prevented us from taking action. Some of 
 the evidence we collected was of use subsequently, 
 
56 JUSTICE AND THE CHILD 
 
 and children were removed from one or two 
 brothels. 
 
 I bear this inquiry in mind whenever I listen to 
 lectures by eugenists who talk glibly of criminally- 
 minded and bad-living parents. Their statements in 
 this respect cannot bear investigation. 
 
 In the majority of cases which I have heard tried 
 before magistrates in Juvenile Courts there is not 
 enough evidence produced to prove the case as suit- 
 able for industrial school treatment. The evidence 
 may be there, and if it is it should be able to stand : 
 the evidence may, however, not be there ; the 
 officer may be retailing what is in fact no more than 
 street gossip, and though street gossip may some- 
 times be very near the truth it is hardly admissible 
 in this connection. 
 
 The knowledge of the previous history of the 
 family and of the child is always essential, but it is 
 particularly so in the cases of mentally deficient 
 children. I know one case in which a lad who had 
 just left a special school stole a pair of boots ; no 
 inquiry was made of the school teacher, and the lad 
 was sent to an ordinary reformatory, where he will 
 receive little benefit and may corrupt other boys, 
 when he should have been sent to Hildenborough 
 or Jarrow. 1 
 
 I know one family in which the three children 
 were found in a state of destitution and removed to 
 an industrial school without their father, who was 
 
 1 There is no certified reformatory for mentally deficient 
 children unfortunately, and this case would have had to be paid 
 for voluntarily. 
 
THE JUVENILE COURT 57 
 
 working in London away from home, being informed 
 at all. The court was told that the mother had sold 
 up the home for drink, that the landlord had turned 
 them out of their rooms, and that the family was 
 living on the staircase. A true statement ; but it 
 omitted the important facts that the father was 
 away, that he was a decent man usually able to 
 prevent his wife from excessive drinking, that he 
 had done all he could to obtain work near his home 
 before going elsewhere, and that he had taken a flat 
 and was about to send for his family. 
 
 On the individual case which comes before the 
 magistrate, there could usually be found reputable 
 neighbours who could give more reliable evidence 
 than the officers upon the usual condition of the 
 child's home, and whether or not a child should be 
 separated from his parents depends absolutely on 
 the condition of the home. Magistrates do in fact 
 usually look upon the cases which come before them 
 from this point of view, though frequently they seem 
 to me to be satisfied with insufficient evidence. The 
 divergence in the types of children received at the 
 industrial schools, each of which serves a number of 
 authorities, can only be accounted for by the different 
 standard of investigation which prevails among 
 those responsible for sending the children. 
 
 5. The Need for Women in Court. 
 
 As we have already seen, the number of girls who 
 have to appear is small ; on the other hand, their 
 cases are frequently more serious. It should not be 
 possible for the girl charged to be the only female 
 
58 JUSTICE AND THE CHILD 
 
 present in court. Besides, many of the cases of boys 
 arise out of some parental trouble in which the 
 mother is chiefly involved, and her point of view may 
 not be adequately understood without sympathetic 
 female interpretation. Women also are likely to 
 understand the child's needs. For these reasons 
 alone it would be well to make arrangements for 
 women to be present, a regulation which is already 
 met, in many instances, by the presence of the 
 women probation officers, and it seems difficult to 
 understand why there should not be women magis- 
 trates on the bench. 
 
 6. A Jury to assist the Stipendiary. 
 
 Though I hold that the Continental systems should 
 not be copied, it might be well to give some considera- 
 tion to the German plan in which the magistrate is 
 assisted by two ordinary citizens picked out in the 
 same manner as we select a jury and given somewhat 
 similar functions. 
 
 They sit one on each side of the magistrate and 
 are at liberty to ask questions of the witnesses. 
 Before sentence is passed the magistrate retires with 
 them into his room for consultation and returns with 
 them to deliver judgment. I have not sufficient 
 experience to be able to say what happens when one 
 or both of the " jurors " are cantankerous and un- 
 necessarily stupid, for they always arrived at the 
 same conclusion as the magistrate in the cases which 
 I witnessed. I think that normally there would be 
 agreement ; on the other hand, the proceedings are 
 protracted, and an increase in the number of the 
 
THE JUVENILE COURT 59 
 
 Juvenile Courts would be necessary if the system 
 were adopted in this country. If it were found 
 possible it would offer an opportunity for the regular 
 presence of a woman in those courts, for though it is 
 not so in Germany, one of the jurors should certainly 
 be a woman. 
 
 7. Child's Advocate. 
 
 It is the practice on the Continent to see that 
 every child appearing before the court is supported 
 by an advocate. If adopted here this would again 
 add to the delay in the proceedings and involve an 
 increase in the number of courts. On the rare 
 occasions when the defence is in the hands of a 
 solicitor, my experience is that the child is usually 
 discharged. I admit to a prejudice against the 
 system, because whenever I have been anxious to 
 secure the removal of a child to an industrial school 
 and the parents have been able to employ legal aid 
 the case has been lost. Nevertheless, I would com- 
 mend this service to " poor man's lawyer " com- 
 mittees, interested barristers, and certain charitable 
 societies. There are a number of cases which get 
 through without sufficient consideration, and no 
 charitable organisation interested in any child who 
 has been charged should fail to obtain legal advice 
 for him. 
 
 8. Conclusions. 
 
 I think we may attach too much importance to 
 schemes of reform. Everything depends upon the 
 man. I have seen the dingiest of police courts 
 
60 JUSTICE AND THE CHILD 
 
 transformed by the presence of the magistrate and 
 become as suitable for the consideration of children's 
 cases as the newest of Children's Courts with the 
 most rigid of rules. The right man is more impor- 
 tant than many regulations. 
 
 I agree with Mr. Russell, who recommends " that 
 on certain allowed days all first offenders up to 
 twenty-one shall be dealt with privately by magis- 
 trates specially interested in juvenile adults." l 
 
 Beyond this, I think that some women should 
 always be present in court, and if possible with 
 consultative functions ; also that greater care should 
 be taken to provide suitable accommodation for 
 witnesses and children who are waiting their turn. 
 
 I do not support the demand for special magis- 
 trates. I think there is need to have more courts 
 and for the magistrate to rely less upon official 
 evidence. How far it is possible to allow for a pre- 
 liminary inquiry and consideration of the case by 
 the probation officer I discuss in a later chapter. 
 
 1 " The Making of the Criminal," Chapter VI. ; also see 
 p. 132, where this point is discussed. 
 
CHAPTER VI 
 
 THE SENTENCE l 
 
 i. Leniency. 2. Probation. 3. Fines. 4. Reformatory 
 and Industrial Schools. 5. Whipping. 6. Adoption 
 by Guardians. 7. Remand. 8. Care of Fit Person. 
 9. Prison or Borstal. 10. Short Sentences, n. Con- 
 clusion. 
 
 1. Leniency. 
 
 PEOPLE who put cleanliness before godliness and 
 cubic air space in front of fatherly affection do not 
 appear to mind how many children not belonging 
 to them are removed from their parents, and they 
 are dissatisfied with what they term the sentimental 
 leniency of the magistrate. However, it is not 
 lightly to be decided that parents are unfit to take 
 care of their own children or that institutional life 
 is better than even an indifferent home. 2 Probably 
 magistrates err too much on the institutional side, 
 for out of 5,701 applications made for the committal 
 of children to industrial schools orders were made in 
 no less than 4,791 cases. 3 Of these 1,754 were sent 
 
 1 The list of courses open to the magistrate is to be found 
 summarised in section 107 of the Children Act ; these will be 
 briefly explained in this chapter, together with the use of a long 
 remand and the power of the guardians as to adoption. 
 
 2 A point made by Mr. Pelham, " The Training of a Working 
 Boy." 
 
 8 Criminal Statistics, 1912, Table XIV., Part II. 
 
62 JUSTICE AND THE CHILD 
 
 to short-term or day industrial schools and 3,008 to 
 long-term schools. 1 
 
 It is, however, exceedingly difficult to understand 
 the significance of figures quoted in the Criminal 
 Statistics, especially in regard to juveniles. Children 
 " charged with offences " are given the prominent 
 position, for they may be legitimately classed as 
 criminals, but those coming under the Children Act, 
 s. 58, for begging, wandering, and being generally 
 under improper guardianship are " quasi-crimmals " 
 receiving scant attention in the returns. 
 
 The record of children who are found by the 
 officers of the London County Council or are other- 
 wise referred to the Council as coming under the 
 Children Act, 1908, and the Education Act, 1876, 
 will show at least that the magistrates are lenient in 
 the county of London. Returns 2 are shown of 
 3,524 children, out of which number only 1,525 
 were in any way punished : 
 
 CASES WITHIN KNOWLEDGE OF LONDON COUNTY 
 COUNCIL, 1912. 
 
 (a) Not settled at time of report, I47. 3 
 
 (b) Punished, 1,525 (1,179 sen ^ to long-term 
 industrial schools and reformatories ; 92 birched ; 
 139 fined ; 115 sent to short-term or day industrial 
 schools) . 
 
 (c) Not punished, 1,852 (977 discharged ; 575 
 
 1 Criminal Statistics, 1912, Table XLV. 
 
 2 London County Council Report, 1912, Chapter XLL, 
 pp. viii. xii., I have combined the Industrial with the 
 Reformatory cases. 
 
 8 Includes 27 " truant " cases, in 12 of which it was decided to 
 take no further action. 
 
THE SENTENCE 63 
 
 parents bound over ; 104 children bound over ; 
 144 probation ; 41 sent to workhouse or referred to 
 guardians ; n " disposed of in other ways "). 
 Total ( (a), (6), and (c) ), 3,524- 
 
 The Criminal Statistics show that the child guilty 
 of a technical or other offence is leniently treated : 
 15 per cent, are acquitted 1 ; while 42 per cent, are 
 dismissed, in spite of the charge against the child 
 being proved. This does not allow a big margin for 
 punishment ; 30 per cent, are fined, some 5 per 
 cent, are whipped, and nearly 7 per cent, are sent to 
 reformatories and industrial schools ; imprisonment, 
 confinement in places of detention, committal to the 
 care of a relative, &c., account for the few remaining. 
 
 The magistrate is in a difficult position. It is not 
 easy for him to ascertain how much leniency has 
 been already exercised before the child is brought 
 before him. The officers will neither apprehend a 
 child necessarily for a first offence nor attempt to 
 remove him from parents who have only a short 
 record of evil. The magistrates should always be 
 made acquainted with previous efforts of reform on 
 the case before them, even when those efforts have 
 simply been confined to the avoidance of official 
 action. Several witnesses before the Departmental 
 Committee 2 in 1913 suggested that probation was 
 
 1 These and other figures given in this chapter, except where 
 it is stated otherwise, are based on the returns for the two years, 
 1911 and 1912, and refer to England and Wales only. Note 
 also that the number of cases not dealt with summarily is so 
 small that I have not included the returns from quarter sessions 
 and courts of assize. 
 
 3 See evidence of Mr. Oxley and Miss Goulding. 
 
64 JUSTICE AND THE CHILD 
 
 being tried too freely and that in consequence the 
 schools were being supplied with older children who 
 were more acquainted with crime. It is a point 
 which shows the importance of accurate and ade- 
 quate information being supplied to the magistrates 
 on each case. 
 
 I cannot remind the reader too often that the 
 nature of the recorded offence has, in juvenile cases, 
 no necessary relation to the sentence passed. The 
 magistrate must take each case on its merits, and 
 without being present in court, it is not possible to 
 decide that the decision arrived at is either too 
 lenient or over severe. 
 
 2. Probation. 1 
 
 The power to place children, or any other person, 
 on probation dates from the passing of the Probation 
 of Offenders Act in 1907 ; it is the fate of about 
 ii per cent, of the cases proceeded against in the 
 Juvenile Courts. The table on the next page, in 
 which I have separated the metropolitan figures 
 from those of the rest of England, shows the number 
 of probation orders made without conviction by 
 courts of summary jurisdiction ; the comparatively 
 few orders made after conviction by courts of assize 
 and quarter sessions are omitted. 
 
 The increasing lead taken by magistrates in the 
 metropolitan area in ordering the probation of 
 juvenile offenders is to be noted, but it is more re- 
 
 1 The figures given under this heading deal only with the 
 offending juvenile ; 90 adults were put on probation in 1912 for 
 cruelty to children. 
 
THE SENTENCE 
 
 markable that they are responsible for 27 per cent, 
 of the probation of juvenile adults (sixteen to 
 twenty-one) in the last two years. 
 
 The probation order is made for a term not exceed- 
 ing three years, and the offender is discharged con- 
 
 PROBATION ORDERS MADE WITHOUT CONVICTION BY 
 COURTS OF SUMMARY JURISDICTION.* 
 
 
 Children 
 under 16 
 proceeded 
 against. 
 
 Probation 
 Orders 
 made. 
 
 Percentage 
 of Total 
 Number of 
 Juveniles 
 proceeded 
 against. 
 
 Juvenile 
 Adults 
 
 (1621). 
 
 
 
 1911 
 
 1912 
 
 1911 
 
 1912 
 
 1911 
 
 1912 
 
 1911 
 
 1912 
 
 
 Metropolitan 
 area 2 
 Rest of Eng- 
 land 
 
 3,458 
 29,519 
 
 3,755 
 34,396 
 
 452 
 3,132 
 
 676 
 3,984 
 
 13 
 io'6 
 
 17 
 *5 
 
 727 
 1,967 
 
 841 
 2,188 
 
 Totals . 
 
 32,977 
 
 38,351 
 
 3,584 
 
 4,660 
 
 10-8 
 
 12*1 
 
 2,694 
 
 3,29 
 
 ditionally on his " entering into a recognisance to be 
 of good behaviour and to appear for sentence when 
 called on at any time during such period." 3 
 
 The term of the probation order may be ended, 
 extended to three years, or reduced upon the applica- 
 tion of the probation officer, unless the probationer 
 can show cause to the contrary. 4 
 
 1 Criminal Statistics, Table XVIII. (1911 and 1912). 
 
 2 Report of Commissioner of Police for Metropolis. 
 
 3 Probation of Offenders Act, 1907, s. 2. 
 
 4 Criminal Justice Administration Act, 1914, s. 9. 
 J.C. F 
 
66 JUSTICE AND THE CHILD 
 
 As only 6 per cent, of the persons against whom 
 probation orders were made were called up for 
 sentence during the same year, of whom about 
 one-fourth were discharged, it might be argued that 
 the system was even in these early days working 
 well. But I doubt whether we have arrived at the 
 time for conclusions. I am not satisfied with the 
 large proportion of dismissals, nor with the leniency 
 of the sentence of those punished on a second appear- 
 ance before the* court ; if the probation is to mean 
 anything it must be supported by vigorous action 
 when the probationer does not keep to his contract. 
 Mr. Cecil Leeson l states that " in some courts any 
 further offence, no matter how trivial, revives the 
 original charge and leads to the probationer's punish- 
 ment for it," so that it is evident that the probation 
 officer must be in a position to advise the magistrate 
 on the nature of the second offence. 
 
 3. Fines. 
 
 The imposition of fines is an important weapon in 
 the hands of the magistrates which they use freely ; 
 about 30 per cent, of the cases which come before 
 them are thus disposed of that is, over 75 per cent, 
 of the number convicted. Of these, in 14 per cent, 
 of the cases the fine was ordered to be paid by the 
 parent or guardian. The offences for which fines 
 are imposed are chiefly against the bye-laws, for 
 malicious damage, and for gaming ; the offenders 
 are for the most part lads who have left school, 
 
 1 " The Probation System," King, 1914. 
 
THE SENTENCE 67 
 
 many of whom are able to afford the small sum 
 which is demanded of them. 
 
 On the other hand, during the past year no less 
 than 768 lads went to prison in default of paying a 
 fine of i os. or less, 1 while there were 651 male 
 prisoners, aged sixteen to twenty-one, received into 
 metropolitan prisons during the same period who 
 were committed in default of payment of a fine ; 
 of this number 32 per cent, paid their fine after 
 reception in prison! The figures for provincial 
 prisons are 19*3 per cent, out of a total of 2,254. 
 The Criminal Justice Administration Act, ss. I, 2, 
 and 3, will be a considerable relief to such offenders, 
 for it enables the magistrates (i) to extend the 
 time allowed for the payment to not less than seven 
 days ; (2) to appoint a supervisor until the money is 
 paid, whose report, in cases of delay, must be heard 
 before the offender is committed to prison ; (3) to 
 reduce the sentence of imprisonment of defaulters 
 if part of the fine is paid. 
 
 The fine is a useful punishment when it is a 
 fine and not a make-believe alternative to imprison- 
 ment ; but the " crimes " for which it is supposed 
 to be the corrective are often those which are 
 due more to natural mischievousness than to 
 criminal tendency. I doubt whether any one would 
 be seriously hurt if the majority of cases now fined 
 were to be dismissed ! Discrimination is needed ; 
 though a fine apparently " fits the crime " of 
 gambling, it may merely add to the value of the 
 stakes. 
 
 1 Report of the Commissioners of Prisons, 1914, p. 14, 
 
 F 2 
 
68 JUSTICE AND THE CHILD 
 
 4. Reformatory and Industrial Schools. 
 
 A child is sent to an industrial school " without 
 conviction/' though he is often as much convicted 
 as the lad sent to a reformatory, and, as the record 
 of conviction is liable to prejudice boys and girls 
 in later life, the sooner this distinction between 
 reformatory and industrial schools ends the better. 1 
 A child between twelve and sixteen 2 who has been 
 convicted of an offence may be committed to a 
 reformatory for from three to five years provided 
 that he is not beyond the age of nineteen, but in any 
 case he remains under the supervision of the mana- 
 gers until he is nineteen. 3 A child under fourteen 
 may be sent to industrial schools up to the age of 
 sixteen, after which time he remains on " licence " 4 
 under the supervision of the managers of the school 
 until he is eighteen a provision which does not 
 apply if he has been committed for truancy under the 
 Education Acts. 5 
 
 In 1912 3,008 children 6 were sent to " long- 
 term " industrial schools, of whom 364 were under 
 eight years of age, and 1,300* children were sent to 
 reformatories. In addition 228 were sent at the 
 desire of their parents who found them uncon- 
 trollable, 8 while 1,754 children 6 were sent either to 
 " short-term " or day industrial schools. 
 
 1 See Report of Departmental Committee on Reformatory and 
 Industrial Schools, p. 44. 
 
 2 See par. (i), p. 34. 
 8 See p. 101. 
 
 * Children Act, s. 67. 
 
 6 Ibid., s. 68 (2). 
 
 e Criminal Statistics, Table XLV. 
 
 7 Ibid., Table XLIV. 
 
 8 Children Act, s. 58 (4). 
 
THE SENTENCE 69 
 
 It is obvious that children sent to these schools are 
 virtually being treated in the same manner as older 
 young persons committed to a Borstal institution. 
 They are removed from the control of their parents 
 and placed under that of a superintendent and com- 
 mittee, and it is hoped they will be trained either to 
 avoid the sins of their parents or to overcome their 
 own failings. As the probation system develops 
 there should be a decrease in the number of children 
 sent to these institutions, for it is not unreasonable 
 to ask that probation should be tried in the majority 
 of cases which appear in court for the first time. 
 
 The magistrate must always remand cases while 
 the education authority finds a school willing to 
 accept the child ; he can disregard the recommenda- 
 tion and choose a different school, but seldom does 
 so. Children are despatched to these schools without 
 sufficient information being supplied to the super- 
 intendent. As I have pointed out, the nominal 
 charge, which is quoted on the form supplied to the 
 industrial school, is not always the real cause for 
 action ; it is not fair to those who are forced to 
 take the place of the parent to be supplied with any 
 but the fullest information. 
 
 The provision for children who are morally, 
 mentally, or physically defective is increasing. 
 There is one school for the physically and seven 
 schools for the mentally defective, two for the 
 deaf, and others for epileptic children ; and in the 
 case of girls there is provision for the perverted 
 morally. 1 
 
 1 For list of these schools see Appendix E. 
 
70 JUSTICE AND THE CHILD 
 
 The parents of the children committed to indus- 
 trial and reformatory schools are supposed, if able 
 to do so, to contribute * to the cost of maintenance 
 a matter which is always emphasised by Royal 
 Commissions and Departmental Committees, but 
 which is, in practice, not rigorously enforced. 
 These payments are collected by the Home Office : 
 in three centres there are special agents e.g., in 
 London there are seven officers to visit the parents 
 and look up defaulters, but they do not collect the 
 money, which has to be paid at court ; in other 
 districts the police act for the Chief Inspector of 
 Reformatories, who is the officer selected to super- 
 vise this work. The average rate of order made on 
 London parents is about is. 4^. and in Liverpool 
 is. id. ; less than half the cases are assessed, and of 
 these the majority are eventually remitted. How- 
 ever, in 1911, 1,251 persons were imprisoned for 
 failure to pay the rate. The total amount of the 
 parents' contribution is about 5 per cent. 2 of the 
 income of the school. 
 
 5. Whipping, Confinement in Places of Detention. 
 
 The number of children " charged " who were 
 ordered to be whipped was 1,579 * n I 9 11 an d ^Q^S 
 in 1912, or about 5 per cent. 3 of the children pro- 
 ceeded against. 
 
 The number of children committed to places of 
 detention under sentence, half of whom are so com- 
 
 1 Children Act, s. 75. 
 
 z See Mr. Legges' evidence before Departmental Committee, 
 1913, p. 288. 
 8 An increase of over i per cent, in 1912 over 1911. 
 
THE SENTENCE 71 
 
 milled in default of payment of fines, was 103 in 
 1911 and 164 in I9I2. 1 These figures do not repre- 
 sent the number of children who suffered the penalty 
 of detention and were subsequently discharged. 
 
 Magistrates are less disposed to order whipping 
 than they were, and, though nothing is more harmful 
 than a free use of the birch, it is undoubtedly a 
 beneficial punishment when employed with dis- 
 crimination. It is soon over, it is not a public 
 performance, the father can be present if he desires, 
 and it is a sentence which, with that of the fine, 
 could often be followed up helpfully with proba- 
 tionary supervision. No person can be whipped 
 more than once for the same offence. 2 
 
 6. Adoption by the Guardians. 
 
 It is not often that a case is discharged because 
 the guardians have intimated that they will adopt 
 the child such a course is seldom necessary ; but 
 there are a few cases, and there might be more. 
 The guardians' power to adopt is vested in them 
 under the Poor Law Act of 1899 ; it is exercised in 
 cases where the child has been deserted by his 
 parents or the parents are in prison, or in other ways 
 have shown themselves unfit to have control of the 
 child. The child may be committed to the guar- 
 dians as "fit persons " 3 in which case he is subject 
 to them only until he is sixteen years old or he may 
 be discharged ; the child, having no fit home to go 
 to is then taken to the workhouse, comes under the 
 
 1 Criminal Statistics, p. 156 (both years). 
 Criminal Justice Administration Act, s. 36, 
 8 Children Act, s. 21 
 
72 JUSTICE AND THE CHILD 
 
 care of the guardians and is eligible for adoption, 
 under the Act, until the age of eighteen. The latter 
 procedure is to be commended if the children are not 
 suitable for industrial training and need special 
 attention for physical or mental defects. A reader 
 who is anxious to help a case and cannot obtain the 
 co-operation of the education authority may find 
 helpful allies in the guardians. This arrangement 
 does not interfere with the power of the guardians to 
 take proceedings for the removal of a child to an 
 industrial school. 1 
 
 7. Remand. 
 
 This is a power which, though not specifically set 
 out as a course of action in section 107 of the 
 Children Act, can be exercised as an alternative to 
 probation. In one instance known to me the magis- 
 trate remanded an offender for five months upon his 
 promise of amendment ; during this time the youth 
 was able to acquire the habit of right living. The 
 advantage of this procedure is that the offender has 
 to appear in court again at a definite time to report 
 himself to the magistrate. In certain cases it is 
 more effective than probation, as it avoids the official 
 intervention of a third party, and does not injure a 
 sensitive self-respect which even juvenile offenders 
 sometimes possess. 
 
 8. Committal to the Care of a Fit Person, Relative, 2 etc. 
 
 This is a form of treatment which is hardly ever 
 practised, partly because if a child comes from a 
 
 1 Children Act, ss. 58 (5) and 74 (n). 
 
 2 Ibid., s 21 
 
THE SENTENCE 73 
 
 bad home the relatives are not usually prosperous 
 enough to undertake the charge of another child, 
 and partly because efforts are not made to ascertain 
 whether there is any one willing to accept the respon- 
 sibility. It should be more recognised as an alter- 
 native to the certified school and, in certain cases, 
 as a means of enlisting the assistance of the poor law 
 guardians. 
 
 I once had to do with a child of thirteen who had 
 been seduced by her brother-in-law, almost certainly 
 with the knowledge of her parents ; she was pregnant. 
 It was obviously impossible to send her to an indus- 
 trial school and she was committed 1 to the care of 
 the matron of a rescue home. Had the child been 
 five days older that is, fourteen nothing could 
 have been done officially to take her from her home. 
 There are other cases which would receive better 
 treatment at the hands of a small voluntary institu- 
 tion, while it is safe to say that if any reputable 
 person offered to take charge of children who, 
 through no fault of their own, had come to the 
 Children's Court the magistrates would be willing 
 to vest him with the parental powers at their 
 disposal. 
 
 9. Prison or Borstal. 
 
 In the Report of the Prison Commissioners for 
 1907 they point out that the number of juveniles 
 committed to prison and recorded in their reports 
 
 1 Under Children Act, s. 58 (i) (g). There is no grant from the 
 Treasury for cases taken under this part of the section, and the 
 local authority cannot contribute to the cost. 
 
74 JUSTICE AND THE CHILD 
 
 was less than half the number so dealt with in 1897. 
 Four children under twelve were sent to prison as 
 compared with 58 in 1897, 724 between twelve and 
 sixteen as compared with 1,630 in 1897. Since then 
 the Children Act, 1908, has made it impossible for 
 any child under fourteen to be sent to prison, while 
 it only allows the very insubordinate under sixteen 
 to go because there is no other place for them. In 
 1912 37 qualified for this treatment. 1 A Borstal 
 institution is not available, as it is designed solely 
 for juvenile adults between sixteen and twenty-one. 2 
 
 When an offender (sixteen to twenty-one) liable 
 to not less than one month's imprisonment has 
 previously been convicted or put on probation, and 
 it appears to the court that he should receive instruc- 
 tion and discipline, he may be committed to a Borstal 
 institution for not less than two nor more than three 
 years. Afterwards he remains under the super- 
 vision of the Prison Commissioners for one year, 
 and if he should offend during that time he may be 
 recalled for a further detention of twelve months. 3 
 
 Mr. Russell 4 describes the Borstal method as 
 recognising " that the offender is rather a patient to 
 be cured than an evil-doer to be punished." These 
 institutions are, in effect, reformatory schools for 
 the juvenile-adult offenders where they " may be 
 given such industrial training and other instruction 
 and be subjected to such disciplinary and moral 
 
 1 See Appendix B. 
 
 2 Prevention of Crimes Act, 1908, s. i. 
 
 8 Criminal Justice Administration Act, ss. 10 and u. 
 4 " Young Gaol Birds," p. 216. Mr. Russell is now Chief 
 Inspector of Reformatory and Industrial Schools. 
 
THE SENTENCE 75 
 
 influence as will conduce to their reformation and the 
 prevention of crime. " l There are at present four 
 Borstal institutions, one of which, at Aylesbury, is 
 for females. In 1912 531 persons, an increase of 
 1 6 over 1911, were sentenced to this treatment ; of 
 these 439 had previously been convicted 93 of 
 them as many as four times over. 2 When it is 
 remembered that during the same period nearly 
 9,000 persons between sixteen and twenty-one years 
 of age were convicted, 3 it is clear that there is 
 opportunity to extend the system. On the other 
 hand, at Dartmoor and other prisons the Borstal 
 principle is being practised as far as circumstances 
 will allow. 
 
 10. Short Sentences. 
 
 The argument against the indeterminate sentence 
 is unanswerable ; no man should have power to 
 restrain another for an indefinite period except 
 under the Lunacy Laws. Again, no young person 
 should be taken away from his home except his 
 liberty be a danger to the public or his parents have 
 ceased to have the power to control him. Unhappily 
 requirements of this kind have to be met ; there is a 
 necessity for the detention of the young, and then it 
 is absurd to serve a sentence which is too short for the 
 treatment decided upon to be of value. What is re- 
 quired is the use of a maximum length of punishment 
 with Elmira tests for earlier liberation. There is 
 
 1 Prevention of Crimes Act, s. i (i). 
 
 2 Criminal Statistics, Table XLIII., 1912. 
 
 8 Ibid., Table XXXVII., col. 4, a number which excludes 
 young persons (if any) in convict prisons. 
 
76 JUSTICE AND THE CHILD 
 
 nothing new to be said against the short sentence. 
 The school treatment provided for children under 
 sixteen is almost entirely based upon the long-term 
 theory of correction ; it is indeed meant to correct 
 rather than to punish. 
 
 The practice of some magistrates in committing 
 a child two or three times to a short-term industrial 
 school cannot be justified ; it is not only repeating 
 a form of correction which has been found ineffective, 
 but handicapping the child in his subsequent treat- 
 ment at the long-term school which will almost 
 inevitably be his fate. 
 
 11. Conclusion. 
 
 The aim of this chapter has been to state the 
 sentences which may be passed upon the child or 
 young person appearing before the magistrate. It 
 will be obvious to the reader that I am among those 
 who wish for the postponement of positive punish- 
 ment to the last moment. In all cases which appear 
 in court for the first time, unless they are serious 
 offences such as criminal or indecent assault and the 
 record of the parents is demonstrably very bad, I 
 advocate extensive use of the power to remand and 
 an extended use of probation. Effective fines and 
 whippings should be tried more often before deciding 
 that the child or youth should be separated from 
 his parents. 
 
CHAPTER VII 
 
 INSTITUTIONS 
 
 I. Certified Schools. 2. Classification. 3. In School. 
 
 4. The Equipment of the Boy on Discharge. 
 
 5. Day Industrial and Short-Term Truant Schools. 
 
 6. Borstal. 7. The Little Commonwealth. 8. Insti- 
 tutional Treatment. 9. Boarding Out. 
 
 1. Certified Schools. 1 
 
 THE distinction between the two types of school, 
 Reformatory and Industrial, was much clearer fifty 
 years ago than it is to-day. The reformatories then 
 were virtually asylums for the reception of juvenile 
 criminals or the children of criminals, for the Crown 
 pardoned certain juvenile offenders on condition 
 that they were placed in a reformatory, while the 
 industrial schools were for the training of young 
 vagrants. Both kinds of school were started by 
 voluntary effort and are still, for the most part, 
 under voluntary management, though certain local 
 education authorities have opened industrial schools 
 of their own under a power conferred by the Elemen- 
 tary Education Act of 1870. 2 
 
 1 For the history of these schools see Report of Depart- 
 mental Committee, 1896, and Report of Royal Commissioners, 
 1884. 
 
 2 See also Children Act, s. 74 (8). 
 
78 JUSTICE AND THE CHILD 
 
 In England and Wales there are 43 reformatories 
 and 150 industrial schools containing over 20,000 
 children and young persons, also 10 short-term 
 industrial schools and 18 day industrial schools. 1 
 
 These schools were first recognised by the State 
 in 1854 and still receive grants from the Treasury, 
 which, with the payments from local authorities for 
 the children sent to them, constitute their main 
 income. Charitable subscriptions supply 7 per cent, 
 of the industrial and 2*2 per cent, of the reformatory 
 schools expenditure. The parents' contribution 2 is 
 included in the Treasury grant. 
 
 The control of the schools 3 while under local 
 voluntary management is supervised from the Home 
 Office by a Chief Inspector and eight assistants ; 
 as well as from local education authorities, for in- 
 dustrial schools, either by separate official inspection 
 or by visits from members of the committees. 
 
 The aim of the schools is, by industrial and educa- 
 tional training, to free the children of the handicap 
 with which their lives have begun. "It is to be 
 expected that institutions managed by separate 
 bodies of independent managers should develop 
 in different ways. Variety of method in the treat- 
 ment of the problems to be solved is one of the 
 advantages of a voluntary system." 4 This variety 
 in the method as in the quality of the work of the 
 
 1 See Report of Chief Inspector of Reformatories and Industrial 
 Schools for 1913. 
 
 a See p. 70. 
 
 8 I refer to the greater number which have been certified as 
 suitable for the reception of children by the Secretary of State 
 and receive grants from the Treasury. 
 
 * Report of Departmental Committee, 1913. 
 
INSTITUTIONS 79 
 
 schools would need to be considered at length were 
 my purpose to criticise the conduct of these institu- 
 tions ; lack of space and lack of experience alike 
 preclude me from entering into that field. We who 
 are outside any controversies which may exist 
 between central and local authorities, the Home 
 Office and the Board of Education, the managers 
 and the superintendent, the inspector and the 
 inspected, have to judge entirely by the product of 
 the school, and, in spite of occasional exceptions, 
 it is fair to say that we find the boys and girls who 
 have passed through the schools to be intelligent, 
 capable, and honourable folk. 
 
 A doctor would have much to say about the schools 
 for the mentally deficient. I will merely venture the 
 opinion that such schools should never be for more 
 than 50 children there is one for 700 and that 
 they should not become asylums for adults, for this 
 happens if children are retained in the institutions 
 beyond school age. The problem of placing men- 
 tally deficient children may be insoluble to the 
 school managers, but it must not handicap them in 
 repairing the deficiencies of scholars. 
 
 2. Classification. 
 
 When one sits in a Juvenile Court and hears first 
 one and then another dispatched to different 
 schools, one wonders whether it is because the 
 schools have been selected for the special needs of 
 the individual children, or whether the schools are 
 so full that the children have to be put in any 
 vacancy which exists. We hear a school attendance 
 
8o JUSTICE AND THE CHILD 
 
 officer recommend a certain school on behalf of the 
 local authority, and we cannot quite understand 
 why the magistrate, who has heard the details of the 
 case and has the final responsibility of commitment, 
 has not taken part in the consideration of the type 
 of school to which the child is to go. We are a little 
 surprised, not having read this book, to discover 
 that the classification of schools is only possible 
 to a limited extent. Children under eight can be 
 " boarded out," but few are so treated. 1 We gather 
 that there are separate schools for boys and girls ; 
 that children committed to reformatories are nor- 
 mally older than those sent to industrial schools ; 
 that there are schools for deficient children ; and 
 that there are training ships for boys. We see no 
 distinction made between the child who is at fault 
 and the child who is before the court because of the 
 sins of his parents. We are inclined to insist that 
 this distinction should be made and considered of 
 first importance. 
 
 3. In School. 
 
 Then, if we follow the child to his school, we are 
 amazed to find that the superintendent has but the 
 barest statement of the cause for which the lad is 
 sent ; especially when we know that in America 
 the school is actually represented at the Juvenile 
 Court at the time of the trial. When it is remem- 
 bered that the ostensible reason for conviction, 
 
 1 The London County Council has established two special 
 schools for these infants. 
 
INSTITUTIONS 81 
 
 which is the only fact communicated to the school, 
 is often 1 not the actual reason for the child's com- 
 mitment, this lack of information is to be deplored. 
 Some superintendents proceed to make their own 
 inquiries, and the schools supporting the Certified 
 Schools Agency secure a report of the child's home 
 by that means. A single report of this kind must 
 be inadequate enough as a report, but the demand 
 for it is sufficiently indicative of the plight of the 
 superintendents. Though the child has been medi- 
 cally examined on behalf of the local authority 
 before he is sent to school, he is again examined 
 upon, or soon after, his arrival by the school doctor ; 
 perhaps in this case the overlapping is unavoidable. 
 
 But from that point onwards our amazement is of 
 another kind. We go, two or three times a year 
 perhaps, to visit the particular boy in whom we are 
 interested, and we see him filling out both mentally 
 and physically. We enjoy the cleanliness of the 
 country school and the freedom as well as the orderli- 
 ness of its inmates. A boy meets us at the stationj 
 we pass others going errands into the town, and we 
 wonder at the capacity for liberty shown by the 
 young thief now entrusted with the duties of a factor. 
 If we are men, and therefore open to the assault of 
 sentiment, we shall feel school prayers to be the most 
 religious opportunity we have experienced ; while the 
 school band will straighten the back of the most bent. 
 
 As we move about the building and class-rooms, 
 the tailor's shop, the laundry, or the bootmaker's 
 
 1 Some local authorities supply all the information to the 
 superintendents ; it is difficult to see why the practice is not 
 general. 
 
 J.C. G 
 
82 JUSTICE AND THE CHILD 
 
 room, we may be struck with the ages of the staff 
 and feel that younger men would bring up the stan- 
 dard of the games ; and if we are in a girls' school 
 we may consider that cubicles would encourage the 
 sense of modesty better than the long open dormi- 
 tory, and we may see many makeshift arrangements 
 which a longer purse would remedy. We feel, too, 
 that a fortnight's holiday in the year, which is, alas ! 
 not allowed in every school, is too short, especially 
 as it is dependent upon good conduct and, where 
 there is not a school camp, on the possibility of 
 relations and friends being fitted to receive the child. 
 Those who run camps might see whether they could 
 not link up with one of these schools and organise 
 a holiday, not with their own lads, but in an " off " 
 season. 
 
 4. The Equipment of the Boy on Discharge. 
 
 At length comes the time when the boy is ready 
 to leave the school on licence ; we are consulted, 
 having been a regular visitor to the school, 1 as to the 
 trade he shall follow. It is a time not only of testing 
 for the boy, but for those who are in any way 
 responsible for his presence in the school. What 
 have they to show at the home end ? Are the 
 parents more fitted to receive their child ? Has 
 the boy kept in touch with his home and the home 
 with him ? What do the parents want their child 
 to be? 
 
 1 It will be seen later that I suggest the linking up of the 
 school with those who are locally interested in the boy's family, 
 so that this consultation should not be confined to the few persons 
 who have the time to visit a child in school. 
 
INSTITUTIONS 83 
 
 We compare the child with the lads we know in 
 the town who have been educated at the ordinary 
 elementary schools. We see at once that he is more 
 disciplined in certain directions if less self-reliant in 
 others, but we feel that he is better educated. It is 
 difficult to judge whether or not a lad is self-reliant, 
 though it is easy to state that the industrial school 
 boy lacks the quality if it fits in with our theories. 
 
 What is the reason that a lad from a residential 
 certified school appears to be better equipped, shall 
 we say, than the fellows of a similar class who have 
 remained in normal home surroundings ? It is 
 partly that he is older when he leaves school and 
 partly because he has been taught by people actually 
 doing work : a bootmaker teaches bootmaking as the 
 boys make their own boots ; the cook teaches the 
 cooking as they prepare their own dinners ; the 
 washerwoman teaches laundry as they wash their 
 own clothes (this applies, I fear, only to girls). The 
 industrial school child has the enormous advantage 
 of education in and with things ; there is, could we 
 but understand the mystery, more education pos- 
 sible in the making of a pair of boots for human feet 
 and in learning to master an instrument, whether it 
 be of music or of toil, than in all the mental tread- 
 mills of the schools. 
 
 " At some farm schools the boys learn much about 
 cattle, dairy work and crops ; at certain schools prac- 
 tical instruction is given in French gardening and inten- 
 sive culture. One school has a forge where agricultural 
 implements are made and repaired. Some nautical 
 schools give an admirable training in modern seamanship 
 
 G 2 
 
84 JUSTICE AND THE CHILD 
 
 and signalling, to which one or two schools add wireless 
 telegraphy." l 
 
 The list of other trades is long ; even if it were 
 shorter, and the carpenter, bootmaker, tailor, and 
 bandmaster dominated the situation completely, the 
 schools would still justify their existence. There 
 was a darker side to the picture. Some schools had 
 to depend too much on the output of the children 
 for actual income ; wood-chopping and paper-bag 
 making were practised in certain schools, but since 
 the Report of the Departmental Committee this has 
 practically ceased. 2 
 
 The general custom is to devote half the school 
 time to educational and half to industrial training 
 a trifle generous to the theoretical side of education ; 
 but there is fortunately no immediate prospect of 
 these schools being turned into academies for the 
 training of clerks. 
 
 I must not be understood to support industrial 
 training for the reason that it will enable a boy to 
 take his place as an efficient unit in our industrial 
 machinery. The idea that a boy is taught boot- 
 making in order that he may be a bootmaker, or the 
 farm boy be considered as bound to follow the plough, 
 is based on the utilitarian standard of education, 
 and it should not be introduced as a test of successful 
 training in the schools. Education is primarily 
 designed to train a child to master his life, so that 
 he has purpose and resource and can make use of 
 
 1 Report of Departmental Committee, 1913, p. 34. 
 
 2 Report of Chief Inspector of Reformatories and Industrial 
 Schools for 1913. 
 
INSTITUTIONS 85 
 
 the capacities within him. To begin to understand 
 the mysteries of seed-time and harvest is not only an 
 opportunity which does not occur in an ordinary 
 elementary school, but an introduction to any form 
 of life, if it be life which he chooses, the boy may 
 strive to follow. 
 
 5. Day Industrial and Short-Term Truant Schools. 
 
 The " short-term " sentence was originally de- 
 signed to remove a child from the home of careless 
 rather than criminal parents, to whom their child 
 would be returned as soon as their home showed 
 evidence of improvement. 
 
 Children who were committed to an industrial 
 school for this reason or under the Education Act 
 i.e., for a short term of detention as a punishment 
 for playing truant were not welcomed by the 
 ordinary industrial schools, for the good reason that 
 the residence of a " temporary " inmate might dis- 
 turb the peace of a whole school without being of any 
 advantage to the child. Certain educational autho- 
 rities have been forced to make up the deficiency by 
 running their own schools for short-term cases, and 
 it occasionally happens that, for economical reasons, 
 an authority arranges for one school to receive both 
 short-term and long-term cases. Such arrangement, 
 save for temporary convenience, cannot be com- 
 mended and does not succeed. The requirements of 
 a short-term are entirely different from those of a 
 long-term case, and to mix the two is to put an 
 unwarrantable handicap on the superintendent and 
 his wards. Now truancy has practically ceased and 
 
86 JUSTICE AND THE CHILD 
 
 the original use of the schools is forgotten, there is 
 no longer any reason why short-term schools should 
 continue. 
 
 We have already noticed that the day industrial 
 schools, as normally used, serve as another form of 
 poor relief ; but they may be a benefit to parents 
 with refractory children, or, indeed, on a paying 
 basis for parents who, owing to some bereavement 
 or other misfortune, find it hard to provide suitably 
 for their children during the day. The children are 
 detained at the school from 8 in the morning to 
 6 at night, and are exempt at the age of fourteen. 
 Except in London, it is not found difficult to secure 
 enough children to warrant the continuance of these 
 schools. 
 
 6. Borstal. 
 
 The Prison Commissioners began the Borstal 
 experiment over ten years ago, but before 1909 few 
 young offenders received other than ordinary 
 prison treatment. The Borstal institutions were 
 founded in that year after the passing of the Pre- 
 vention of Crimes Act, 1908. As already noted, 
 the system is for prisoners under twenty-one who 
 are likely to profit by the instruction and discipline 
 provided. 
 
 On his arrival at the institution a boy is placed in 
 the ordinary grade and put to domestic work. After 
 some weeks of scrubbing and cleaning he is allotted 
 to one of the workshops in which manual training 
 is given, or is sent to work on the farm or on the 
 construction of new buildings. He spends the greater 
 
INSTITUTIONS 87 
 
 part of his day at work, though certain hours are 
 allotted to gymnastics and the schoolroom. 
 
 " By steady good behaviour for about nine months he 
 can secure promotion to the special grade. He then 
 works without the immediate supervision of an officer, 
 associates with fellow-members of the grade at meals 
 and in evening recreation, and, on Saturdays, is taught 
 to play cricket and football, so that he may have mate- 
 rial for healthy thought and conversation and an intro- 
 duction into decent companionship on his release. 
 
 " For misbehaviour he may be degraded to the penal 
 grade, where he is put to stone-breaking or other dull 
 work, and loses all privileges of diet and correspondence, 
 and is fed on the bread and water of affliction. 
 
 " It is easy to outline the life at a Borstal institution, 
 but a large book could not contain a full account of the 
 difficulties which confront those who have to attempt 
 the physical and moral reconstruction of boys whose 
 souls have become dingy, muscles slack, and outlook on 
 life blurred. 
 
 " Their first aim must undoubtedly be to alter the 
 boy's view of life. Only by the most careful selection 
 of staff can the influence of the institution be kept at 
 that high level which is necessary for the purpose. Next 
 in importance is the formation of a habit of hard work. 
 Unless a boy is taught to work at Borstal for the same 
 number of hours daily as he will have to work when, 
 often for the first time, he becomes a working man on his 
 release, the time and money spent on his training may 
 be entirely thrown away." 
 
 7. The Little Commonwealth. 
 
 We have been considering what may soon be 
 looked upon as old-fashioned institutions ; they are 
 being challenged by an off-shoot of that great experi- 
 ment in America, the George Junior Republic. 
 Mr. Homer Lane is developing his American ex- 
 
88 JUSTICE AND THE CHILD 
 
 perience in the Little Commonwealth in Dorset, of 
 which he is superintendent. His executive com- 
 mittee consists of Mr. Cecil Chapman, the stipen- 
 diary magistrate of Tower Bridge Police Court, 
 and Mr. and Mrs. George Montagu, 1 who act as 
 chairman and hon. secretary. The system of the 
 Little Commonwealth and the Junior Republics in 
 America is based upon the belief that " the child 
 under natural conditions tends towards what is 
 right and not towards what is bad." The beauty 
 and courage of the belief is shown in its application 
 to children whom others have failed to assist, those 
 who have qualified for institutional treatment. 
 While the majority of superintendents of industrial 
 schools would be prepared to subscribe to this 
 belief, and in no small measure conduct their schools 
 in accord with it, Mr. Lane allows none of the 
 accepted standards of discipline to stand in the way 
 of his faith in the nature of a child. He sweeps 
 away the restraint of superior force, so that the boys 
 and girls may develop restraint from within them- 
 selves, maintain order, and do the work necessary 
 for their livelihood as though they were actually and 
 solely in possession of the land and buildings in which 
 they live. " Such freedom implies the privilege to go 
 wrong as well as right," and Mr. Lane would be the 
 last to claim credit for the fact that the public senti- 
 ment in his colony prefers the right. 
 
 " The first residents were girls, and for the first three 
 weeks, before the advent of the boys, the community 
 
 1 Mr. George Montagu, 8, Portman Square, London, is willing 
 to supply a report on the work of the Commonwealth on the 
 receipt of four penny stamps. 
 
INSTITUTIONS 89 
 
 was entirely self-governing. No rules were enforced, 
 because none were needed ; but so little expression of 
 choice was evinced that at the first meal three of the 
 four girls, when asked if they would have white or 
 brown bread, replied, ' It doesn't matter.' It would 
 be hard to find an instance now where such an expression 
 would be used. When the first boys arrived it was soon 
 evident that the peace and harmony of the household 
 was broken, and it then became necessary to develop 
 some form of government. The first legislation came 
 about in a very natural way. It had been noticed that 
 the boys did not appreciate the separate rooms which had 
 been provided for them, but that, owing to the contrast 
 between the crowded bedrooms and the noise of traffic 
 of the city life to which they had been accustomed and 
 the oppressive silence of the country, which made them 
 feel lonesome, they preferred to crowd together for 
 company. Thus there was plenty of opportunity for 
 legislation on matters relating to hygiene. The first 
 formal meeting of the Commonwealth was called by the 
 superintendent, and it was suggested that since new 
 cottages were being built, and the expense of these 
 cottages so much greater owing to their being fitted with 
 separate rooms, much needless expense might be saved 
 by providing them with big dormitories instead. This 
 was greeted by cries of discontent, and disorder and con- 
 fusion supervened. The power of oratory became almost 
 deafening ; but, as order is always preceded by disorder, 
 after some confusion, someone suggested that a ' boss ' 
 of the meeting should be appointed and it was promptly 
 offered to the superintendent. This was refused ; and 
 after some difficulty one of the boys was chosen, whose 
 duty it was to keep everyone quiet, while one was 
 allowed to speak at a time. It was rather pathetic that 
 a number of boys and girls should, after being given 
 freedom to organise themselves for discussion, choose, 
 not a chairman, to give the privilege of the floor to a 
 speaker, but a policeman to keep order. This, however, 
 soon adjusted itself. After that the meeting proceeded 
 smoothly, and some excellent rules relating to the 
 
go JUSTICE AND THE CHILD 
 
 hygiene of rest were enacted. But soon a new difficulty 
 arose. Since much of the time of these legislative 
 meetings was spent in discussing violations of the rules 
 which had been made, this resulted, very naturally, in 
 the organising of a judicial department of government. 
 Up to the time that this judicial body became separated 
 from the legislative body, infractions of law were dis- 
 cussed openly and helpfully, but as soon as it became 
 called a ' court,' the attitude changed immediately. 
 The first culprit who was called before the formal court 
 flushed with indignation and lied all through the pro- 
 ceedings. When the judge called for witnesses they also 
 lied : in fact their sense of injustice at the hands of the 
 police and the courts in their former lives asserted itself 
 through association with that form of administration. 
 This attitude resulted in the resignation of the girl who 
 had been elected as judge, and, for the time being, 
 anarchy reigned ; it was not until one particular boy, 
 who was the leader of all the mischief in the community, 
 was elected judge that the ultimate triumph of law and 
 order came about. As the ringleader of the mischief, it 
 suggested itself to the citizens that he could not possibly 
 be suspected of any inclination to be a wrong-doer : but 
 it is interesting to note that as soon as the standards of 
 citizenship reached a sufficiently high pitch for them to 
 appreciate the fact that it was not seemly that their 
 judge should continually be tried for offences and have to 
 vacate the chair, he was impeached from his high office, 
 and ultimately the same girl who had originally resigned 
 because she felt that she was too lenient in dealing with 
 the boy culprits was again elected to the position. 
 Under her wise direction the Commonwealth court 
 became a place for commendation, as well as criticism ; 
 and compliments for good work carried out are con- 
 tinually to be heard there. 
 
 " Once a week the citizens meet at the legislative 
 meeting. When complaints in court of the same kind 
 become sufficiently frequent to suggest a ruling being 
 made, the matter is then discussed. If the law is passed 
 unanimously it becomes custom-law and is not written 
 
INSTITUTIONS 91 
 
 down. A law is statute-made or written only when it 
 has been opposed and a vote has had to be given. The 
 legislative meeting is a great force educationally ; 
 recently an inquiry was held by the citizens into the 
 question of helping the committee in their attempt to 
 reduce expenditure, and very valuable were the contribu- 
 tions to the discussions, many points in domestic 
 economy being reviewed. The upshot was that it 
 was decided to dispense with one of the citizens for 
 the housework, so that the amount of labour would be 
 released for more profitable employment. 
 
 " One of the most interesting laws that have been 
 passed relates to smoking. Although most of the boys 
 that have been admitted to the Little Commonwealth 
 indulge more or less in the habit, and more than one 
 have been confirmed smokers, a rule was introduced by 
 the citizens themselves raising the legal age to eighteen 
 years. An attempt to repeal this was made, but it was 
 re-enacted a second time. In the first four or five 
 months this rule was disobeyed occasionally. Latterly, 
 however, it has been well kept. 
 
 " The punishments inflicted by the court consist of 
 placing citizens on close bounds in the courtyard and 
 certain parts of the house, fines, extra hours of labour 
 and early hours : and as a last resource for serious 
 offences, such as running away, or continual disregard 
 of the rules, ducking in a cold bath has been once or 
 twice imposed ; this has been of considerable efficacy. 
 It is interesting that, whereas in the outside world the 
 law is that ' if a man does not work neither shall he eat,' 
 the citizens, on the other hand, of the Little Common- 
 wealth have never reduced a boy's food if he had insuffi- 
 cient means to keep himself. 
 
 " The citizens are paid in aluminium money for the 
 work they do, at the rate of 3d. an hour. They pay for 
 their board and lodging to their ' house mother,' and 
 have the remainder (which if a citizen works well may 
 possibly amount to 4$ or 55. a week) to spend at the shop 
 or to bank. They buy their own clothes and luxuries. 
 If a citizen refuses to work, or works badly, he renders 
 
92 JUSTICE AND THE CHILD 
 
 himself liable to be dismissed by his employer, one of 
 the adult helpers ; and it may be noticed that the punish- 
 ment he feels the most is to be deprived of his work." 
 
 This extract from an account of what happens 
 in the Commonwealth l is sufficient to excite a deep 
 interest in its work. As the experiment is little 
 more than a year old, we shall not for some time to 
 come be able to judge of the result, but if we tremble 
 at the boldness of those who put their faith to such 
 a test for those with any experience of the young 
 will see some dangers ahead we may pray for its 
 success. If it is possible to give this freedom to the 
 young, might not a similar chance be offered to the 
 adult ? Might not even Borstal treatment become 
 antiquated in a revolution of our penal methods ? 
 
 8. Institutional Treatment. 
 
 In spite of the often splendid advantages which a 
 training under an institution may give to a boy or 
 girl, I would not end this chapter without pointing 
 out the disadvantages. The child is subject to 
 constant supervision and often lacks sufficient op- 
 portunity for mischief. I know of private, if not 
 public, schools for the children of another class 
 where the atmosphere of restraint generated by the 
 staff weighs down the spirit of the boys ; instead of 
 developing in themselves the power of restraint, 
 which is one of the most desirable elements in 
 
 1 The Dorset Republic is not a certified school, though the 
 young ruffians are usually received in it after the formalities of 
 the police court. They are officially committed to its care, but 
 the expenses of the institution have to be met voluntarily. 
 
INSTITUTIONS 93 
 
 character, the boys rely upon the repression exer- 
 cised by their masters. I have known the tone of a 
 school to be called good when it is merely of this 
 artificial creation and is really riddled with vice 
 under a highly-developed practice of cunning. 
 
 The boarding school is, to my mind, an unfortu- 
 nate necessity in any class of society, though where 
 the homes are vicious, again in any class of society, 
 the boarding school gives the child an opportunity 
 to attain a standard of life which his parents have 
 failed to grasp. In the families of those without a 
 superfluity of wealth, no institution can provide the 
 self-sacrifice which, will he nill he, the boy must 
 exercise in his home. In a rough home the lad who 
 has to protect his mother from the drunken assaults 
 of his father, who has to assist in many household 
 duties, who shares in the family fortunes in a way 
 unknown in happier circles, develops a sense of 
 chivalry which no institution can supply. The 
 working-class family in which all the adult members 
 go to work when they can, and walk the streets 
 when they cannot, offers an extraordinarily whole- 
 some training for the young. Any one with ex- 
 perience of families of this class knows how the ups 
 and downs of the common exchequer are met ; the 
 plenty and the scarcity are shared by all equally, 
 even though the women manage to help the men and 
 the children first. " Stripped of all the cant senti- 
 ment that surrounds it, the value of life at home still 
 remains for every boy a vast unanswerable fact." 1 
 
 An attempt to meet the institutional difficulty is 
 1 " Across the Bridges," Alexander Paterson, p. 192. 
 
94 JUSTICE AND THE CHILD 
 
 made with some success in Hungary, where the chil- 
 dren whom we send to industrial schools are boarded 
 out in village communities, but it fails at the time 
 the child is old enough to work, at thirteen, as no 
 system of after-care or licensing exists. 
 
 9. Boarding Out. 
 
 The manager of an industrial school may, 1 with 
 the consent of the Home Secretary, board out a 
 child who is under eight years old, but this power is 
 hardly ever exercised, 2 as it involves extra and diffi- 
 cult work to find suitable homes and to supervise 
 the children in the homes afterwards. The London 
 County Council has recently organised this work. 3 
 In consenting to boarding out the Home Secretary 
 requires (a) a quarterly report from the managers, 
 (b) that the child shall be visited once in every six 
 weeks, and (c) that a doctor shall be appointed to 
 attend the child when necessary. 
 
 " In practically all cases children who are boarded 
 out are brought into a school at the age of ten." 4 
 If the managers have once taken the step it seems 
 a little unreasonable not to see the experiment 
 through. If the home is good for the child under 
 ten it will be good for him until he is able to go to 
 work, and will very often prove for him more than 
 an officially provided sanctuary all his life. The 
 
 1 Children Act, s. 53. 
 
 a Report of Departmental Committee, p. 45. 
 
 8 Report of the London County Council, 1912, Chapter XLI. 
 
 4 Report of Departmental Committee, p. 45. It is now being 
 arranged that, where the doctor can report that it will be better 
 for the child to remain with his foster-parents, transfer to the 
 school need not be made. 
 
INSTITUTIONS 95 
 
 reader will probably know cases of parental and 
 filial relationship existing between the foster-parents 
 and the child whom they have warded for the 
 guardians ; and he will appreciate the importance 
 of securing the same home life for others. 
 
 For the reasons already urged in favour of family 
 as against industrial life, it would appear desirable 
 that the system of boarding out should be consider- 
 ably extended. The numbers dealt with since the 
 passing of the Children Act are : 
 
 1909 ... 2 girls. i boy. 
 
 1910 ... i girl. 6 boys. 
 
 1911 ... 8 
 
 1912 . . . 33 girls. 18 
 
 iQiS 37 54 , - 1 
 
 The boarding-out committees which are approved 
 by the Local Government Board, and often serve 
 more than one board of guardians, might be 
 encouraged to co-operate with the education 
 authorities. 2 
 
 The system should be used for delicate children 
 of any age who cannot pass the doctor as fit for 
 industrial training ; it could not be used for rough 
 lads who need discipline. But in " the system " I 
 include adequate supervision by a competent 
 committee. 
 
 1 Report of Chief Inspector for 1913. 
 
 3 London would not necessarily be excluded, although no Poor 
 Law children may be boarded out in the county of London and 
 industrial school children can. 
 
CHAPTER VIII 
 
 " AFTER-CARE " 
 
 I. Borstal After-Care. 2. Reformatory and Industrial 
 Schools. 3. Licensing and Disposal. 4. Auxiliary 
 Homes. 5. Emigration. 6. The Use of Voluntary 
 Societies. 7. Public Authorities with " After- 
 Care " Functions. 8. The Probation Officer. 
 9. Conclusion. 
 
 MANAGERS and superintendents of schools know 
 that their work is proved, not in the orderliness of 
 their schools nor in the scope of their curricula, but 
 in the quality of life shown by their pupils after they 
 have left their care. It follows that those respon- 
 sible for the schools consider the "disposal" of 
 the child an important duty ; they enlist the sym- 
 pathy and interest of every person and every agency 
 who can be relied upon to help in obtaining good 
 employment and in watching over the youngster in 
 his first years of liberty. 
 
 This country is considered to be behind others in 
 the work of " after-care " partly because the proba- 
 tion system originated in America, the home also of 
 George Junior Republics, and partly because the 
 idea has not been received with the enthusiasm 
 shown on the Continent. 
 
 But the profession of the ideal in a manual of 
 instruction to magistrates is not its practice. The 
 
" AFTER-CARE " 97 
 
 success of the after-care work depends upon the 
 personality of those taking part in it, not upon the 
 regulations which are designed to govern them. 
 
 There are two groups of young persons for whom 
 after-care provision has to be made those who 
 leave institutions, and those who escape them by the 
 skin of their teeth. The sheltered and regulated life 
 of an institution cannot be exchanged for the liberty 
 of the town and the uncertain atmosphere of a work- 
 shop without severely testing the capacities of the 
 bays or girls, and for these more provision and 
 greater care are necessary than for those who have 
 been watched over in the more natural environment 
 of their homes. But in both cases a first necessity 
 is to secure good and regular employment. 
 
 The Departmental Committee considered that 
 " the careful arrangements for after-care made by 
 the Borstal Association might be taken as a model 
 for this work" 1 ; and an account of these arrange- 
 ments will be the best opening to our consideration 
 of this part of our subject. 
 
 1. Borstal After-Care. 
 
 The Borstal Association undertakes the after-care 
 of every boy and girl released from a Borstal institu- 
 tion. It is a voluntary organisation supported by 
 both voluntary subscriptions and a grant from the 
 Treasury. The work of the Association begins with 
 the offender's reception at a Borstal institution. His 
 home is then visited by a member of the Association, 
 
 1 Report of Departmental Committee, 1913, p. 57 ; and see 
 Mr. Cunliffe's evidence before that Committee in volume of 
 evidence. 
 
 J.C. H 
 
98 JUSTICE AND THE CHILD 
 
 inquiries are made of probation officers, reformatory 
 superintendents and others who may be able to 
 throw light on his past career, and the information 
 thus collected is placed at the disposal of the institu- 
 tion and entered in the boy's record at the office of 
 the Association. 
 
 Members of the committee visit the institutions 
 frequently and see any boy who wishes to discuss his 
 future prospects. Notes of such interviews are 
 added to his record, together with the results of 
 consultations with the staff. Nearer the date of dis- 
 charge, relations and possible employers are 
 approached, proposals for the boy are completed 
 and submitted to the Prison Commissioners, a com- 
 plete outfit of clothes is dispatched to the institution, 
 and the associate in the district to which he is going 
 is prepared for his arrival. 
 
 On the day of his discharge he is brought to the 
 office of the Association, and, after a friendly talk, 
 is sent or taken to his home, or to lodgings which are 
 ready for him, or to the Association's Shipping 
 Home if he is going to sea. Work is obtained for him, 
 he is provided with the necessary tools and clothes, 
 and his wages are supplemented if they are not 
 sufficient at first to keep him. 
 
 He is released on a licence which provides that 
 during the unexpired portion of his sentence and for 
 twelve months afterwards he shall be subject to the 
 direction of the Association as to his place of abode 
 and his work, and shall lead a sober and industrious 
 life to the satisfaction of the Association. 
 
 During the term of his licence, and, if necessary, 
 
" AFTER-CARE " 99 
 
 longer, the nearest agent of the Association exer- 
 cises a close and friendly supervision over him, and 
 makes frequent reports on his progress to the head 
 office. A boy may be in immediate need of help 
 when not in touch with any of the agents of the 
 Association, as, for instance, if he has left his ship or 
 his job suddenly. To meet this contingency it has 
 been arranged that he shall be received at any police 
 station to which he may go, and shall be provided for 
 whilst application is made to the Association for 
 instructions. 
 
 If he leaves his ship abroad, he knows that he 
 should apply to the nearest home of the Missions to 
 Seamen, whose generous help enables the Association 
 to keep in touch with its boys in foreign ports. 
 
 The boys are warned that a careful record is kept 
 of their conduct after their release, and that if they 
 are charged with another offence their record will be 
 placed at the disposal of the court which tries them ; 
 so that, whilst the boy is given a good chance, the 
 public may be protected against him if he rejects it. 
 It must be remembered that no one is sent to a 
 Borstal institution unless convicted of serious crime, 
 and that many of the boys have led a lawless life for 
 a number of years. Most of them, happily, are 
 ordinary easy-going fellows, who have taken the 
 line of least resistance, and when they have been 
 hardened up by Borstal treatment they are able 
 and ready to live honestly. Out of 409 boys dis- 
 charged during 1913, 298 are known to be doing 
 satisfactorily. 
 
 Since the re-arrest of any Borstal boy is notified to 
 
 H 2 
 
ioo JUSTICE AND THE CHILD 
 
 the Prison Commissioners and to the Association, 
 another 57 who are at present lost sight of may 
 be counted as satisfactory, as there is no evidence to 
 the contrary. 
 
 2. Reformatory and Industrial Schools " After-Care." 
 
 The after-care work of some certified schools cor- 
 responds very closely to that of the Borstal Associa- 
 tion, even though in others the work is little more 
 than a vague aspiration. The school system is 
 handicapped in various unnecessary directions : 
 
 (a) There is insufficient information at the school 
 of the past history of the child and his parents. In 
 order to protect themselves certain superintendents 
 never license a child to his parents or to any place 
 near his home unless the demand from the parents is 
 supported by the authority from whom the child 
 has been received a conjunction of interest which 
 occurs too seldom. One superintendent told me 
 that not more than 7 per cent, of the boys from his 
 school returned to their parents on discharge. It is 
 particularly unfortunate that the school authorities 
 should be driven to this course ; it is hardly less than 
 criminal when it means that children are sent to sea 
 or enlisted in the army without the real consent of 
 their parents, who, in such cases, may never see 
 their children again. 
 
 (b) The responsibility for after-care is sometimes 
 undertaken wholly by the schools and sometimes 
 partially by the authorities who sent the children. 
 The schools, for instance, under agreement to take 
 cases from the London County Council are required 
 
" AFTER-CARE " xoi 
 
 to report as to the steps contemplated some months 
 before the child is due to leave school. The London 
 County Council has after-care responsibilities for the 
 children in its own industrial schools ; is it to 
 arrange its after-care work for all children sent away 
 from London, or for all which return to London, or 
 only for those who leave its schools ? 
 
 (c) The after-care and disposal agents for different 
 authorities have no system of inter-communication, 
 so that one school may be. sending children to an 
 employer who has been given up by another. 
 
 The effect of the renewed attention of the Home 
 Office to these matters is already bearing fruit. The 
 Welsh clergy through an inter-denominational com- 
 mittee have agreed to undertake the after-care work 
 for farm boys in Wales. The governors of prisons 
 now notify the school when any ex-scholar is re- 
 ceived into prison, and have agreed to allow the 
 superintendents or their assistants to visit such cases 
 in prison without a warder being present a service 
 which, by the way, the masters of workhouses 
 might contribute on the first appearance in the 
 casual wards of any ex-institutional inhabitant. 
 
 3. Licensing and Disposal. 
 
 Every child committed to school is subject to a 
 period of licence except the boy who is kept in a 
 reformatory up to the age limit of nineteen. 1 The 
 
 1 Children Act, ss. 67 and 68. The Departmental Committee, 
 1913, recommend " the age of supervision of reformatory 
 inmates to be extended to twenty," and " all reformatory 
 inmates to be licensed twelve months or more before the age of 
 nineteen unless there are special and exceptional circumstances 
 
102 JUSTICE AND THE CHILD 
 
 child may be licensed out before the period of his 
 detention expires, but in any case the industrial 
 school child has to " remain up to the age of eighteen 
 under the supervision of the managers of the school." * 
 
 The object of licensing is to meet the difficulty 
 already referred to of the child's first taste of liberty 
 after institutional training. The actual trades 
 which are followed by the children may be seen in 
 the following tables (pp. 103, 104, 105) taken from 
 the Report of the Departmental Committee. 
 
 Much might be, and for that matter has been, 
 said on the employment of children leaving the 
 school e.g., some people are distressed at the drift 
 of the farm boys into the mines, while others are 
 dissatisfied with the class of boat to which a few of 
 the nautically trained boys are sent ; but most of 
 the difficulties would be overcome if the lads were 
 under better supervision. It is important that they 
 should not be used by farmers, or any one else in 
 labour which should be performed by adults, that 
 they should not be received as " charity " children 
 who can be sweated because they are too ignorant 
 of the world to appreciate imposition, and that they 
 should not work blindly, like slaves, but see the 
 object of their labour and appreciate their handi- 
 work above the wages they receive for it. A great 
 advance in our labour problem might be made if 
 
 to the contrary." The Poor Law Commission (Part IV., 
 Chapter VIII., par. 396) considered that supervison of children 
 leaving Poor Law institutions was desirable up to the age of 
 twenty-one. 
 
 1 Except children committed under the Education Acts for 
 truancy. 
 
" AFTER-CARE " 
 Bovs. 1 
 
 103 
 
 Occupations. 
 
 Number at end of 1911. 
 
 Reforma- 
 tories. 
 
 Industrial 
 Schools. 
 
 Total. 
 
 Army : 
 
 
 
 
 Army Bandsmen 
 
 I02l 
 
 5381 
 
 
 Special Reservists 
 
 27^664 
 
 24|>886 
 
 i>55 
 
 Others 
 
 535 J 
 
 324J 
 
 
 Navy .... 
 
 129 
 
 x- 
 
 163 
 
 292 
 
 Mercantile marine . 
 
 212 
 
 246 
 
 458 
 
 Coasting trade 
 
 68 
 
 51 
 
 119 
 
 Fishing .... 
 
 32 
 
 52 
 
 84 
 
 Bakers .... 
 
 19 
 
 48 
 
 67 
 
 Blacksmiths . 
 
 8 
 
 28 
 
 36 
 
 Bricklayers, masons, &c. . 
 
 ii 
 
 18 
 
 29 
 
 Butchers 
 
 9 
 
 30 
 
 39 
 
 Carpenters, wheelwrights, 
 
 
 
 1 
 
 &c 
 
 36 
 
 _\Q 
 
 134 
 
 Carters .... 
 
 102 
 
 80 
 
 182 
 
 Clerks .... 
 
 9 
 
 24 
 
 33 
 
 Dairymen 
 
 20 
 
 29 
 
 49 
 
 Factories, works, &c., 
 including glassworkers . 
 
 1 76 
 
 3) 
 
 1217 
 
 35) 
 
 293 
 
 Farm .... 
 
 303 
 
 1,071 
 
 1,374 
 
 Footmen, page boys, &c. . 
 
 28 
 
 61 
 
 89 
 
 Gardeners 
 
 27 
 
 28 
 
 55 
 
 Iron, steel, &c., workers . 
 
 49 
 
 120 
 
 169 
 
 1 These occupations were followed at the end of 1911 by the 
 children who left the schools during the years 1908, 1909, and 
 1910. The figures are not an accurate record of the disposals 
 made by the schools, as some children having been sent to one 
 occupation will have changed to another before the end of the 
 third year. Roughly, however, they show what trades are taken 
 up by boys and girls who have passed through the schools. See 
 Report of Departmental Committee, p. 57. 
 
104 JUSTICE AND THE CHILD 
 
 BOYS (continued) . 
 
 
 Number at end of 1911. 
 
 Occupations. 
 
 
 
 
 
 Reforma- 
 tories. 
 
 Industrial 
 Schools. 
 
 Total. 
 
 Labourers : 
 
 
 
 
 Builders . . 
 
 4*1 
 
 4 2l 
 
 
 Dock .... 
 
 35 
 
 30 
 
 
 Factories, works, &c. . 
 
 107 
 
 118 
 
 
 General 
 Ironworks . 
 
 29^305 
 
 43 
 
 17^337 
 65 
 
 642 
 
 Mechanics . 
 
 27 
 
 27 
 
 
 Shipyard . 
 
 23 
 
 38 
 
 
 Mechanics 
 
 46 
 
 83 
 
 129 
 
 Messengers and porters . 
 
 9 1 
 
 198 
 
 289 
 
 Mill workers . 
 
 23 
 
 82 
 
 105 
 
 Miners .... 
 
 199 
 
 481 
 
 680 
 
 Ostlers .... 
 
 15 
 
 21 
 
 36 
 
 Packers and warehousemen 
 
 22 
 
 33 
 
 55 
 
 Painters 
 
 16 
 
 24 
 
 40 
 
 Printers. 
 
 9 
 
 28 
 
 37 
 
 Railway workers 
 
 52 
 
 67 
 
 119 
 
 Scholars 
 
 
 21 
 
 21 
 
 Shoemakers . 
 
 24 
 
 127 
 
 151 
 
 Shop assistants 
 
 60 
 
 101 
 
 161 
 
 Tailors .... 
 
 41 
 
 120 
 
 161 
 
 Waiters 
 
 38 
 
 50 
 
 88 
 
 Other regular employment 
 
 9 
 
 4 
 
 13 
 
 Casual .... 
 
 123 
 
 233 
 
 356 
 
 Convicted 
 
 286 
 
 199 
 
 485 
 
 Dead or insane 
 
 34 
 
 68 
 
 102 
 
 Unknown 
 
 108 
 
 276 
 
 384 
 
 Total 
 
 3303 
 
 5,803 
 
 9,106 
 
" AFTER-CARE " 
 
 GIRLS. 
 
 105 
 
 
 Number at end of 1911. 
 
 Occupations. 
 
 Reform- 
 atories. 
 
 Indus- 
 trial 
 Schools. 
 
 Total. 
 
 Assisting parents in housework 
 
 20 
 
 49 
 
 69 
 
 Clerks, typists, &c. 
 
 I 
 
 4 
 
 5 
 
 Cooks ..... 
 
 6 
 
 17 
 
 23 
 
 Dairymaids .... 
 
 
 
 4 
 
 4 
 
 Dressmakers, &c. . 
 
 7 
 
 34 
 
 4 1 
 
 Factories or mills . 
 
 36 
 
 78 
 
 114' 
 
 General servants . 
 
 96 
 
 639 
 
 735 
 
 Housemaids .... 
 
 16 
 
 133 
 
 149 
 
 Kitchenmaids 
 
 3 
 
 74 
 
 77 
 
 Ladies' maids 
 
 i 
 
 2 
 
 3 
 
 Laundrymaids : 
 
 
 
 
 Private .... 
 
 26 
 
 92 
 
 118 
 
 Public .... 
 
 14 
 
 26 
 
 40 
 
 Married .... 
 
 45 
 
 29 
 
 74 
 
 Nursemaids .... 
 
 ii 
 
 62 
 
 73 
 
 Parlourmaids 
 
 6 
 
 21 
 
 27 
 
 Scholars .... 
 
 
 
 16 
 
 16 
 
 Shop assistants 
 
 2 
 
 9 
 
 ii 
 
 Teachers .... 
 
 I 
 
 2 
 
 3 
 
 Waitresses . . ... 
 
 6 
 
 12 
 
 18 
 
 Others in regular employment . 
 
 
 
 5 
 
 5 
 
 Casual (including charing) 
 
 33 
 
 154 
 
 187 
 
 Convicted .... 
 
 
 9 
 
 18 
 
 Dead 
 
 8 
 
 20 
 
 28 
 
 Unknown .... 
 
 28 
 
 73 
 
 101 
 
 Total 
 
 375 
 
 1,564 
 
 i>939 
 
 1 See note on p. 103. 
 
 2 This figure is given as 107 in the Report. 
 
io6 JUSTICE AND THE CHILD 
 
 these boys were trained to sell, not their strength, 
 but what they produce with it. 
 
 It will be appreciated that children cannot support 
 themselves on the wages they will receive either as 
 apprentices or learners of a skilled trade ; therefore 
 certain education authorities make contributions to 
 the managers to assist them in placing out the 
 children advantageously, a method which finds its 
 best expression in the provision of an auxiliary home. 
 
 The managers of the Hayes Industrial School 
 spend considerable sums in apprenticing boys or in 
 subsidising them until they can earn sufficient to 
 maintain themselves. 
 
 4. The Auxiliary Home. 1 
 
 " Residence in these homes is the most effective 
 form of supervision during the early months after 
 leaving the school." 2 These homes may be certified 
 by the Home Secretary and be treated as part of the 
 school or schools to which they are attached ; 
 e.g., the Leicester Education Committee has a 
 home for about 20 boys in Leicester for children 
 from the Desford Industrial School 3 ; the London 
 County Council has a home for six boys at Grays, 
 which is specially for the after-care of boys at sea, 
 a place where they can remain while waiting to 
 sign on and in which they can find shelter between 
 
 1 See Children Act, s. 51. 
 
 2 Report of Departmental Committee, 1913, p. 55. 
 
 3 To show how interdependent the schools are it may be 
 mentioned that, though the Desford school is under the manage- 
 ment of the Leicester Education Committee, the majority of the 
 boys are sent from London and other districts. 
 
" AFTER-CARE " 107 
 
 voyages. A home in Wales serves a similar purpose 
 for lads sent to farms. 
 
 The homes can either be for the temporary resi- 
 dence of children on their way to employment which, 
 like domestic service, farming and the " sea," 
 involves " living in," or as a hostel from which the 
 lads go out daily to their work and return for bed, 
 board, and recreation. In the latter case the 
 children pay so much out of their earnings towards 
 their keep and are induced to save a small sum for 
 future needs. 
 
 It would seem to be most desirable for children to 
 have the advantage of the intermediary supervision 
 which is given in homes of this kind ; the total 
 accommodation in England and Wales being only for 
 about 235 children, there is an opportunity for 
 extension, which should be taken by such of the 
 religious organisations as appreciate that a home 
 for working boys is not the same thing as a 
 meeting for tired mothers. In view of the payments 
 made by the residents the cost is not prohibitive ; 
 the annual working expenses of one home for about 
 20 boys need not be more than 150. 
 
 A certain number of these homes were used for 
 other children besides those on licence from indus- 
 trial schools, and were allowed to become " cheap 
 lodging-houses available for boys of undesirable 
 character from the streets " l ; the certificates have 
 recently been withdrawn by the Home Office from 
 two homes which did not provide adequately for 
 industrial school boys. Further, it is not safe to use 
 
 1 Report of Departmental Committee, p. 55. 
 
io8 JUSTICE AND THE CHILD 
 
 the same home for the reception both of young dis- 
 charged prisoners and of boys sent from the schools. 
 
 5. Emigration. 
 
 This is a form of disposal which could be further 
 and more profitably developed. In 1913 180 boys 
 and 47 girls were emigrated. 1 The cost of emigrating 
 one child is about 12 ; this is the sum granted by 
 the London County Council, which uses the Salva- 
 tion Army Emigration Agency in Canada, but this 
 assumes the use of existing agencies, the expenses of 
 which are met by voluntary contributions. The 
 Children's Aid Society find the total cost per case to be 
 about 17. The Treasury grant towards emigration, 
 until recently, was, with certain special exceptions, 
 limited to children under fourteen, but now the age 
 limit does not operate and the grant of half the 
 expenses, provided the sum does not exceed 8, is 
 available. The result is that authorities are again 
 taking up the work, and children are being sent to 
 Australia as well as to Canada. The work of 
 emigration is undertaken by the existing societies 
 established for the purpose, and not by the schools 
 independently. These societies, such as the Church 
 of England Waifs and Strays Society, the Catholic 
 Emigration Association, and the Salvation Army, 
 have receiving homes " on the other side " which 
 are inspected from time to time from this country. 
 The Canadian Government has inspectors for British 
 immigrant children and certified receiving homes. 
 Emigration is particularly suitable for girls whose 
 1 Report of Chief Inspector for 1913. 
 
" AFTER-CARE " 109 
 
 parents are bad and of immoral life. Children under 
 sixteen cannot be sent abroad without their parents' 
 consent, but, if a girl is retained at school until that 
 age, it is not difficult to arrange for her to declare 
 her wish to emigrate before a magistrate. She can 
 then be sent away in spite of the evil designs of her 
 parents. 
 
 6. The Use of Voluntary Societies. 
 
 The schools use charitable societies for the dis- 
 posal and after-care of the children in other ways 
 besides emigration. One society doing most effec- 
 tive work in this connection is the Metropolitan 
 Association for Befriending Young Servants ; the 
 work was started originally to meet the need of 
 placing and supervising the girls who left the poor 
 law schools to enter domestic service, but it now 
 includes within its care a large number of children 
 from industrial schools, as well as a number passed 
 on for placing and supervision by the juvenile 
 advisory committees attached to the labour ex- 
 changes. The Invalid Children's Aid Association is 
 probably the most efficient " after-care " agency 
 of a specialised kind which exists anywhere, and 
 is invaluable for children who are weakly or 
 suffering from physical defects. The Girls' Friendly 
 Society, the Society of S. Vincent de Paul for Roman 
 Catholic Children, the Church of England Waifs and 
 Strays Society, and any number of more local organi- 
 sations are available to superintendents who wish to 
 place their children under reliable supervision. 
 
 The Certified Schools' Agency, which is run by 
 
no JUSTICE AND THE CHILD 
 
 three men of extraordinary energy attempting to 
 cover the whole of England and Wales between 
 them, was started a few years ago to help in this 
 work any reformatory whose managers could afford 
 a capitation fee of $d. per head per week on the 
 certified number of children in the school. The 
 work done is well spoken of by superintendents ; 
 the homes of the children admitted to the schools 
 are visited, employment is found for children who 
 leave, and subsequent supervision is attempted. 
 But the load is too heavy for three or three hundred 
 men to carry as at present organised. Their work 
 would be more effective if relations were established 
 regularly with people of good-will living near the 
 lads whom they have on their books. 
 
 The Children's Aid Society, 1 a department of the 
 Reformatory and Refuge Union, has paid officers, 
 besides a number of honorary correspondents and 
 agents who are made use of by the schools sub- 
 scribing a guinea to the funds. About fifty schools 
 have in this way acquired the right to use the 
 Society, which, though acting chiefly in London, 
 does not limit its operations to that area. It runs a 
 home for working lads as well as an emigration 
 agency with a receiving home in Winnipeg. 
 
 The charitable societies which in one way or 
 another are available for use in this work are too 
 numerous to mention at length. The point to be 
 noted is that these same agencies can do " after- 
 care " work whether for the School, Juvenile Court, 
 Borstal or the Prison. 
 
 1 See Appendix. 
 
" AFTER-CARE " in 
 
 The Church of England Men's Society at 
 Nottingham, with the consent of the chairman of 
 the Watch Committee, the Chief Constable, and the 
 Nottingham Education Authority, undertake to 
 supervise any reformatory or industrial school boys 
 sent to Nottingham. The Society helps to find the 
 boys work and sees that they are properly lodged. 
 
 The Adult School movement has in one or two 
 places made a special effort to draw ex-prisoners 
 into a new life by the magnetism of its fellow- 
 ship, which sets out " to bring together in helpful 
 comradeship and active service the different 
 classes of society," and the same organisation is 
 used for the children " on licence " from the 
 schools. The Church Army and the Salvation 
 Army each in its own way seeks to help. I 
 mention these forces without fear, because, though 
 all have failed to do much, each has succeeded in 
 doing a little, while those who scoff do nothing at all. 
 
 Greater use is already being made of the managers 
 of boys', girls' and men's clubs and of such more 
 civic organisations as the Guilds of Help, Citizens' 
 Leagues, and Charity Organisation Societies. The 
 London Charity Organisation Society has, for ex- 
 ample, successfully undertaken to follow up ex- 
 certified schoolboys returning to the county area by 
 linking them up to a " friend " who actively 
 interests himself in their welfare. In some cities 
 there are Apprenticeship and Skilled Employment 
 Committees which can be of obvious service. In 
 every district there are men and women, as well as 
 societies, ready to help in " after-care " work. In 
 
H2 JUSTICE AND THE CHILD 
 
 the next Chapter I suggest a means for making 
 them available to the school authorities who are in 
 so much need of them. 
 
 7. Public Authorities with " After-Care " Functions. 
 
 Merely from the official point of view the other 
 authorities concerned with after-care are the Poor 
 Law, Education, and Board of Trade. 
 
 (a) The Poor Law. The work of the guardians, 
 who have to place out children leaving their schools 
 and to watch over those who have been " boarded 
 out," is almost identical with that done by the 
 managers of industrial schools. It is only neces- 
 sary to mention it here in order that those who have 
 the opportunity should endeavour to co-operate 
 with the guardians, especially as to boarding out 
 and in the use both of auxiliary homes and of 
 agents who find employment and supervise children 
 in their early industrial career. 
 
 (b) The Education Authority. As we have seen, 
 this authority is closely connected with the sending 
 of children to the industrial schools, and, where it 
 has attempted to organise care committees in con- 
 nection with the ordinary elementary schools, one 
 would imagine it would be considered a first duty 
 of these committees to interest themselves in the 
 " after-care " of those leaving the industrial schools. 
 This has been done by the Birmingham Education 
 Committee, who, through their care committee 
 organisation, has undertaken to supervise all indus- 
 trial school children licensed out in that city, 
 whether such children have been originally com- 
 
" AFTER-CARE " 113 
 
 mitted from Birmingham or not. Some l consider it 
 desirable to extend " voluntary " supervision over all 
 children leaving day schools, in order to form an 
 obstruction to the " blind alley," and attempts are 
 made by certain care committees to do this. My 
 experience is that the work is both too big and too 
 impertinent ; but where such a work is undertaken 
 it would be foolish not to invite the supervisors to 
 help in industrial school cases. 
 
 (c) The Education Authority and the Board of 
 Trade. These authorities co-operate together, 
 either under the Choice of Employment Act, which 
 gives the education authority some control in the 
 placing of juveniles, or voluntarily, where this Act 
 has not been adopted. They act through a juvenile 
 advisory committee attached to the labour exchange, 
 and are expected to see not only that the employ- 
 ment found for the child is satisfactory, but that the 
 child is encouraged in diligence and decent living. 
 Many of these advisory committees are satisfied with 
 placing the children in vacancies with merely outside 
 knowledge of the firm, but others are advising the 
 school superintendents of suitable openings which 
 they have taken pains to secure. 
 
 8. The Probation Officer. 2 
 
 The probation officer enters the field with the 
 depressing knowledge that he is to follow where a 
 number of others have failed. In America, officially, 
 
 1 See " The Boy and His Work," the Rev. Spencer Gibb 
 (Mowbray). 
 
 2 See Report of the Departmental Committee, 1909, on the 
 Probation Offenders Act, 1907. 
 
 J.C. I 
 
H4 JUSTICE AND THE CHILD 
 
 and in Germany, unofficially and under another 
 name, he is called upon to act as counsel for the 
 defence when the child is before the court, and as 
 work-finder and supervisor after the child is placed 
 on his hands. 
 
 " The ideal probation officer should combine in a very 
 high degree the. qualities of sympathy, insight, tact, 
 common sense and strength ; if he does his opportunities 
 will be varied and unlimited." " There is one qualifica- 
 tion without which all others become practically useless, 
 and that is his ability to supply work, genuine work, not 
 a task of specially provided wood-chopping or the like." 1 
 
 This is the high standard set by Mr. Russell, and 
 yet how many probation officers make shift with any 
 kind of occupation which happens to be available ? 
 a makeshift which is not always due to insufficient 
 anxiety on the part of the officer, though the demand 
 for juvenile labour at the present time is rather over 
 than under the supply, but to be accounted for by 
 the large number of probationers he is expected to 
 control. One man cannot effectively manage 200 
 juveniles living in different districts and each with 
 widely differing needs ; he would have his work cut 
 out to tackle a quarter of that number. 
 
 In spite of many difficulties, the keen probation 
 officer has a splendid record, but he has some 
 indolent brethren who are content to report on 
 insufficient knowledge and who accept more cases 
 than they can possibly handle, while here and there 
 are those who think their duty to their charges is 
 met by giving them an outfit or a shilling. 
 
 i " The Making of the Criminal," Chapter XI. 
 
" AFTER-CARE " 115 
 
 The work of the probation officer in juvenile cases 
 is at present " after-care " work, the case is handed 
 to him at the court, where he has often met the 
 probationer for the first time. The magistrates are, 
 however, using the officer to make inquiries during 
 remand in juvenile as well as in adult cases. Where 
 the officers are capable of the work this is to be en- 
 couraged, as it will enable them to say whether they 
 consider the case one they could help or one which 
 should be dealt with institutionally. 
 
 The age limit of sixteen, though merely an artifi- 
 cial distinction between those eligible for trial at a 
 Juvenile Court and those allocated to the publicity 
 of the adult court, does serve as a rough division in 
 the work of the probation officer. Children under 
 sixteen have more people interested in their welfare 
 than those who are older. Managers of boys' clubs, 
 for example, may be persuaded to take in a youngster 
 when they would not feel free to introduce a lad 
 with police court antecedents into a senior club 
 a shyness due to the fact that a senior club 
 consists usually of boys who have come up from 
 a junior club, and is not designed for those with- 
 out club training. The older boy, though pos- 
 sibly more alive to the risks he has run, is 
 surrounded by pals who will tempt him to glory 
 in his misdeeds : a probation officer will some- 
 times find that he has to collar, not one, but a 
 dozen lads. It is not child's play to capture a 
 gang, though it is often easier than detaching one 
 of its members. 
 
 The distinction between the cases handed either 
 
 I 2 
 
n6 JUSTICE AND THE CHILD 
 
 to the men or women officers is not and cannot be 
 altogether regulated by the sex, though it can be by 
 the age of the probationer. Each case has to be 
 judged separately ; if the daughter of a widower is 
 before the court for some petty theft, it may be that 
 a man will be the better officer, as, in fact, the person 
 on probation is the father and not the child ; on the 
 other hand, a boy of fourteen who has been caught 
 trespassing may fare better under a woman who 
 understands how to get on with his mother. It is 
 not advisable usually for a woman to attempt to 
 manage a boy of over fifteen or for a man to have 
 anything to do with a girl of that age. 
 
 The general practice is that young persons put on 
 probation by the adult court are allocated according 
 to their sex either to a man or woman officer, and in 
 the Juvenile Courts the same standard holds good 
 except for the younger children, who are usually 
 passed over to the woman. A definite rule might be 
 helpful if it would allow the men and women officers 
 to co-operate with one another. 
 
 The duties of the probation officer as set out in the 
 Act 1 are (a) to visit or to receive reports from the 
 probationer ; (b) to see that he observes the condi- 
 tions of his recognisance ; (c) to report to the court 
 as to his behaviour ; and (d) to advise, assist and 
 befriend him, and, when necessary, to endeavour to 
 find him suitable employment. 
 
 These duties are carried out in almost every con- 
 ceivable variety of ways. One probation officer is 
 required to present carefully written statements 
 1 Probation of Offenders Act, 1907, s. 4. 
 
" AFTER-CARE " 117 
 
 upon an approved form, 1 another has only to make 
 observations in court when called upon by the magis- 
 trate, a third will be seen daily by the magistrate's 
 clerk and have to submit to a private cross-examina- 
 tion on the work he is doing. Some officers are in 
 the anomalous position of serving two masters ; 
 before the Act they may have been employed by 
 a religious organisation, and, though they are now 
 paid by and are responsible solely to the court, 
 their former masters expect the extraneous duties of 
 a missioner to be performed. But the probation 
 officer, in spite of such difficulties, has at present a 
 very free hand to do what he considers the best for 
 the probationer. If he has a collective weakness it 
 is that he fails to appreciate the capacities of other 
 people, whereas he should have not only the ability 
 to discover those who will do the work better than 
 himself, but the power to enlist their support. The 
 capable may not number as many as the societies 
 and public bodies among whom they are hid, but 
 the probation officer will be able, through them, to do 
 all that it is possible to do. If he views his work in 
 the easier and more ordinary way he will merely be 
 the vehicle for the conveyance of more or less un- 
 reliable statistics as to the apparent condition of 
 those for whom he is pleased to consider he is 
 responsible. 
 
 The probation officer loses a certain number of 
 cases through removal, and, beyond such arrange- 
 ments as are informally and voluntarily made 
 
 1 For information as to forms used in America, see " The 
 Probation System," Cecil Leeson (P. S. King). 
 
n8 JUSTICE AND THE CHILD 
 
 between the officers attached to different courts, 
 there is no system by which a probationer is followed 
 up in his new abode. If he has left for natural 
 reasons, such as a change of work or removal of 
 his parents, the probation officer of the new district 
 should be officially notified and the probationer be 
 required to report himself to him, or, better, to a 
 magistrate ; but if it was in order to escape his 
 officer probably nothing can be done until he gets 
 into trouble again, for unless the case is particularly 
 grave it would not be worth while to put the police 
 machinery in motion to discover his whereabouts. 
 
 9. Conclusion. 
 
 The conclusion is simple : the needs of the various 
 bodies with " after-care " responsibilities are iden- 
 tical, and though each might separately work to the 
 Borstal model, all might do so collectively. I 
 advocate this collective system not from any belief 
 in co-ordination as such, but from my experience of 
 the present tendency in the work itself that is, for 
 each authority to use the same person for " after- 
 care " work. As an instance of this I need look no 
 further than my own desk ; during the last month I 
 have received (a) letters from the Juvenile 
 Advisory Committee of the labour exchange com- 
 mending a young thief to my care, for whom I am to 
 find work ; (b) a request from a mother's dinner com- 
 mittee to knock sense into a drinking father ; (c) a 
 call from an employer with reference to an appren- 
 tice ; (d) sundry communications from a School Care 
 Committee ; (e) an " after-care " reference from the 
 
"AFTER-CARE" 119 
 
 Borstal Association. On the other hand, I have had 
 to communicate with hospitals, convalescent homes, 
 scoutmasters, distress committees, and the guardians. 
 These are weekly rather than monthly duties which 
 arise in connection with local social work * ; they are 
 not peculiar to me, but typical of the various calls 
 upon the time of a voluntary worker. Hence the 
 proposal that the " after-care " responsibilities of 
 the various public authorities should be directed 
 into the same channel is not new it has happened. 
 In the following chapter it will be seen how this 
 development can be given full play without creating 
 a single committee and without adding to the 
 number of societies or officials. 
 
 1 This work is of two kinds, that which is natural and inevit- 
 able, and that which is theoretical and artificial An example 
 of the latter can be found on the " folio wing-up " card on which 
 the London County Council requires its care committees to 
 report the occupation of " father, mother and other wage 
 earners " if they are not in regular work the cause has to be 
 stated within two square inches of card as well as " rent and 
 number of rooms " of every child '' referred for medical treat- 
 ment to hospitals or treatment centres." 
 
CHAPTER IX 
 
 READJUSTMENTS 
 
 THE journey is ended, and the child has passed 
 through the dull variety of days and is earning his 
 living like the rest of us. We have an interest in 
 him as a type which will be repeated ; it will pass 
 through the same mill and turn out much the same 
 kind of fellow as the one to whom we but now said 
 good-bye on his way to the front. In this chapter 
 and in this mood we may consider some of the needs 
 of the system we have been discussing. We note 
 first of all that there is no one person responsible 
 for following one case through. The child, until he 
 reaches the school, is a brief incident in the day's 
 work of many officials ; he has every opportunity to 
 learn that the State consists of many independent 
 parts. We should not quarrel with the parts did 
 they not disagree with each other, and they would do 
 so less were there a directing energy in the State 
 management of criminal and neglected children. 
 The " after-care " worker and the voluntary pro- 
 bation officer would be more effective could they 
 know their charges from the beginning, and it would 
 seem impossible to secure this without some unifying 
 influence on the official side. 
 
 It is this lack of a guiding hand which results in 
 too many investigators and too little investigation, 
 
READJUSTMENTS 121 
 
 so that of the children now being sent to certified 
 schools a number should not be sent, and of the 
 children who are not brought into court at all there 
 are some who should be. 
 
 The only persons at present able to secure better 
 co-ordination among the officials are the magis- 
 trates. It is possible for them to insist upon more 
 information and a higher standard of evidence. 
 The repeal of clause 58 (8) (a) of the Children Act, 
 which endows officers representing the education 
 authority with duties which should normally be 
 exercised by the police, would be an improvement, 
 but an official centre of gravity would still be needed. 
 The voluntary " after-care " worker, the official 
 probation officer, and the officials under different 
 authorities need to have some natural centre where 
 their work may be tested and be available to further 
 the interests of the child. It would be easy to 
 suggest the magistrates as the most suitable body of 
 men to control this work, because they have now 
 the powers of doing so and not infrequently exercise 
 them. In Leicester at the present time the magis- 
 trates' clerk supervises all the work undertaken in 
 the juvenile cases ; he sees the probation officer 
 every day and arranges for what further inquiry he 
 may think necessary, either by the police or by the 
 official or unofficial probation officers. It is, how- 
 ever, doubtful whether a case of particular devotion 
 could be used as a reason for so regulating an entire 
 system. The magistrates' clerks in the London 
 courts certainly would not have time to attend to 
 the many duties involved, though they spare no 
 
122 JUSTICE AND THE CHILD 
 
 pains to assist all who come to them for advice and 
 help. 
 
 But there is more than this small administrative 
 difficulty which stands in the way of increasing the 
 magistrates' dutes in this respect ; the person who 
 acts as judge, who has the power to order detention 
 or release, must be above the suspicion of bias 
 he must hold the scales evenly. Now it is difficult 
 to ask a man to be impartial if he is judging his own 
 work. Should a probationer commit a second offence 
 while the magistrates were responsible for the super- 
 vision of probation work, they would unconsciously, 
 and in some cases unfortunately, lean towards a 
 further experiment with the same weapon which had 
 but then proved its inadequacy. 
 
 If the probation officers were reduced in number, 
 increased in efficiency, and precluded from doing 
 individual case work though they should not be 
 appointed without having experience and proper 
 training in case work they might meet the diffi- 
 culty. 
 
 THE DISTRICT PROBATION OFFICER. 
 
 At the present moment paid probation officers 
 and " after-care " agents have duties which are not 
 distinct from those voluntarily performed by others. 
 My suggestions are (a) that there should be but 
 one officer for work (probation, supervision of lads 
 pending payment of fines, and after-care) which is 
 essentially of the same character ; (b) that this 
 officer, whom, for convenience, we will name the 
 district probation officer, should not do individual 
 
READJUSTMENTS 123 
 
 case work, but act as a distributing agency for those 
 voluntary societies and workers who do. The 
 former recommendation is obviously contemplated 
 in section 7 of the Criminal Justice Administration 
 Act, and the latter could be authorised by the Home 
 Secretary as part of the constitution of a " recog- 
 nised " probation society. 
 
 In this way " after-care " or probation cases 
 would come to the voluntary workers either directly 
 from the magistrates and the superintendents or 
 indirectly through the district probation officer ; 
 who would of course have to be aware of the direct 
 transactions also. 
 
 Mr. Leeson states 1 that the practice of having a 
 public chief probation officer to secure volunteers 
 and organise their work is said to work well in some 
 American States, but it is not an arrangement of 
 this kind which I advocate. I do not propose an 
 official creation of voluntary societies. I would use 
 only those which exist ; they would, I hope, object 
 to see an official organising their work. 
 
 My judgment in this matter is influenced by 
 experience gained during six years of organising 
 care committees under the London County Council. 
 The London County Council set out to enlist the 
 sympathy and support of voluntary workers in 
 existing societies religious, secular, philanthropic 
 but it invited them to serve in a new organisation. 
 This has meant additional routine, committees, 
 conferences and the rest, for those who were already 
 busy enough. This would not have mattered had 
 
 1 " The Probation System " (P. S. King). 
 
124 JUSTICE AND THE CHILD 
 
 it resulted in the reduction of the number of people, 
 volunteers or officials, who were visiting the same 
 homes and had brought some sort of unity into 
 social work ; but it has increased the number 
 visits are paid from the care committees as though 
 there were no other bodies in existence. 
 
 The proposals I make above are not new and are 
 not based merely on experience of failure. When 
 the Leicester Education Committee was faced with 
 the responsibility of carrying out the Provision of 
 Meals Act, it did not form new care committees, but 
 used the existing organisation of charitable societies ; 
 when the Metropolitan Asylums Board had to con- 
 sider the desirability of establishing some system 
 of after-care for certain of the cases discharged from 
 the children's hospitals, their arrangements with 
 the Invalid Children's Aid Association 1 for the 
 after-care of cases of pulmonary tuberculosis ad- 
 mitted to Millfield had proved so satisfactory that 
 the Board extended them to cover all children 
 needing after-supervision. 
 
 Lastly, the proposals are based upon the method 
 of the probation and " after-care " work of the 
 present time, which is, after all, mainly carried out 
 by voluntary workers attached, not to the courts 
 nor to the schools, but to every conceivable kind of 
 religious and philanthropic society. The super- 
 intendent who places a boy in a country village 
 enlists the sympathy of the parish priest or one of 
 his workers or of the president of the adult school 
 
 1 See Annual Report, Children's Committee, Metropolitan 
 Asylums Board, 1912, p. 8. 
 
READJUSTMENTS 125 
 
 or the secretary of the C. E. M. S. ; he would not 
 be better served if there were an " after-care " 
 society for industrial school children in the parish, 
 simply because he would merely have the good 
 offices of the same men discounted by routine and 
 the additional service required on committees. 
 Uniformity in forms and regularity in reporting 
 soon become the end of all official organisation ; I 
 have seen an " after-care " committee fulfilling all 
 the requirements of the county council school- 
 leaving forms filled up, reports every six months, and 
 so forth and receiving the rare reward of official 
 commendation, when the workers have not known a 
 single child or his family intimately nor troubled to 
 consider whether any one was in the slightest degree 
 happier and more independent or had a better pros- 
 pect in life because of their hours of labour. I 
 would urge, with what power I may, that " after- 
 care " and probation work be entrusted to those who 
 have so far proved able and willing to perform it 
 voluntarily and be kept free from the shackles of 
 official formality, the burden of committees, and the 
 statistical conceptions of the clerks who control them. 
 
 If we look outside our own country we may find 
 this principle of division of work frequently ad- 
 mitted. In most German States the probation and 
 " after-care " work is handed over entirely to a 
 voluntary organisation similar to that which exists 
 at Elberfeld. 
 
 In Winnipeg, 1 " excepting the actual adjudicating, 
 
 1 See letter of the Commissioner in The Times, July nth, 
 1914. 
 
126 JUSTICE AND THE CHILD 
 
 the Salvation Army operates the whole " of the 
 work of the Juvenile Court ; its officers present 
 reports on the home circumstances of the child, 
 undertake the duties of the " remand home," and 
 act as probation officers. 
 
 The same idea is noticeable in the genesis of the 
 National League for the Protection of Children in 
 Hungary founded in 1906. It was formed " to 
 create a powerful social organ which should be at the 
 service of the State in its work for the children and 
 should be available to help wherever the need showed 
 itself.; to help quickly and of its own initiative; 
 to group, to guide and to help the societies already 
 existing for the protection of the children, and to 
 create a social centre for the development of the 
 work." 1 But the steps taken to make the League 
 an effective organisation are tending to curtail its 
 usefulness in this particular direction. Probation 
 officers were appointed for the Juvenile Courts, 
 though the League had its own probation officers 
 and received a State subsidy. Further, in spite of 
 this duplication of officers, all the cases which go 
 to the Children's Refuge, a State institution, are 
 investigated by the municipal authority for the care 
 of orphans. For the moment these authorities work 
 n close co-operation, and, indeed, the need for a 
 further co-ordination of work is recognised ; but 
 there is no room for the person of good-will, for 
 whom the powers that be do not, unfortunately, 
 entertain much regard. In these circumstances it is 
 
 1 " Le Droit de TEnfant Abandonne et le Systeme Hongrois de 
 Protection de 1'Enfance," Chapter IV. : Budapest, 1909. 
 
READJUSTMENTS 127 
 
 natural that when the youthful offender leaves the 
 official care, after having been placed in work, little 
 further notice is taken of him, unless his " treat- 
 ment " has taken place in a children's colony and 
 he happens to remain with his foster-parents. 
 
 This is an example of a failure which might have 
 been avoided had the League been content to recog- 
 nise that work of this kind cannot develop in a day 
 and must grow from what exists, however insignifi- 
 cant it may seem. The League is run by its officials. 
 
 It was in Paris that I learnt the possibility of 
 organising the probation and " after-care " work, not 
 only independently of the State, but without the 
 creation of a new organisation. Here the magis- 
 trates allocate the work to the existing voluntary 
 societies or to independent persons, who have merely 
 to be registered by the Procureur de la Republique. 1 
 These voluntary workers can be asked to supply 
 information as to the home, 2 while any out of pocket 
 expenses, within certain limits, they may incur will 
 be refunded to them. 3 It must be remembered 
 that there are special magistrates for the Juvenile 
 Courts, created by the law of 1912, who not only 
 fulfil the duties of the bench and of the suggested 
 " district probation officer," but who have to inspect 
 all establishments (industrial schools, &c.) to which 
 the children are sent. 4 
 
 1 " Decret Portant Reglement d' Administration publique 
 relatif a 1' Application de la loi du 22 Juillet, 1912, sur les Tri- 
 bunaux pour Enfants et Adolescents etsur la Liberte Surveillee," 
 Chapter II., art. 7. 
 
 2 Ibid., Chapter I., art. 3. 
 
 8 Ibid., Chapter III., art. 21. 
 4 Ibid., Chapter II., art. 10. 
 
128 JUSTICE AND THE CHILD 
 
 I quote these examples of Continental procedure 
 to illustrate my argument, not to suggest that we 
 should proceed to copy them in detail. We could 
 not do so without an entire reorganisation of our 
 judicial machinery, for, even though we omit the 
 difference between a paid and unpaid magistracy, 
 the status of the stipendiary magistrate in this 
 country is not comparable to that of the magistrates 
 abroad, which is more that of our magistrate's 
 clerk. 
 
 The district probation officer would be an intelli- 
 gent centre of distribution ; it might be hoped that 
 he could also assist in supervising the collection of 
 the cases with which he would, as at present sug- 
 gested, subsequently come in contact. If so, he 
 would have to be available to everybody who con- 
 templated action for or against a child. I do not 
 for a moment suggest that all the world should have 
 to wait for his august decision before any action was 
 taken, but that he, by nature of his office, would be 
 in the best position to give advice in exactly the 
 same way as a magistrate's clerk often does now. 
 He should, however, be informed immediately of 
 every case in which a child, or person under twenty- 
 one years of age, was apprehended, should see the 
 charge sheet and officers' reports, and be empowered 
 to direct what and of whom further inquiry should be 
 made while the case was waiting the sitting of the 
 court, as well as while it was on remand. At the court 
 he should be responsible for seeing that the interests 
 of the child and his parents were adequately repre- 
 sented. I would not, at present in any case, suggest 
 
READJUSTMENTS 129 
 
 that he should have any voice in the choice of the 
 school, in industrial and reformatory school cases, 
 though I should like him to know his work so well 
 that the education committee would soon desire to 
 have his opinion. In the same way I should not 
 recommend that he had any official relationship to 
 the magistrates, who should only rely upon his judg- 
 ment or ask his advice after they had found him to 
 be worthy of confidence. In probation cases he 
 would be responsible for seeing that a voluntary 
 probation officer was forthcoming in cases where one 
 did not already naturally exist, and he would have 
 to see that such reports as the probationer or the 
 magistrates required were obtained from the volun- 
 tary worker, though these reports should most 
 emphatically be reports not to him but to the 
 magistrates. When any probationer left the district 
 the district probation officer would see the respon- 
 sible worker and agree with him as to what recom- 
 mendations should be made to the officer to whose 
 district the probationer had moved. 
 
 While a child was in a certified school he should 
 see that a link was established between the home and 
 the school, so that the superintendents should no 
 longer feel that they were being supplied with stray 
 children from another planet. When the child's 
 school time was over he should be in a position to 
 act as " after-care " agent for children who lived and 
 took up employment in his district, whether they 
 were licensed to their parents or not, and whether 
 they came from Borstal institutions and certified 
 schools or were transferred probation cases. He 
 
 J.C. K 
 
130 JUSTICE AND THE CHILD 
 
 should see that after-care was provided from 
 voluntary sources and carry out his duties on the 
 same lines as those laid down for his probation 
 work. 
 
 The inclusion of the supervision of " after-care " 
 work is the addition of a duty which is not now 
 adequately performed by a number of the schools. 
 Industrial schools would, I hope, not be discouraged 
 from making their own arrangements because of 
 the nominally increased facilities at their disposal 
 through the district probation officer. He can create 
 no new avenues of disposal and supervision ; he 
 may, in a year or two, find some that are not 
 used, and inspire their development. If the schools 
 are capable enough to use his material " over his 
 head " by all means let them ; for the power of the 
 schools is greater than the power of any other 
 person or organisation which can be introduced from 
 outside. Whatever official arrangements are made 
 for the better employment or lodging or care for the 
 lad, those who make these arrangements will have 
 failed to understand their work unless they appre- 
 ciate that what they do is supplementary to the 
 living interest of the school. 
 
 An officer to delegate the work of probation and 
 after-care in each district is, I believe, involved in 
 any official extension of probation work, but the 
 practice will be beset with any number of difficulties 
 which experience alone will discover and defeat. 
 The probation officer will have to " get on " with 
 the officials already doing some part of the work ; 
 should he think a school officer to be ignorant, he 
 
READJUSTMENTS 131 
 
 must not say so, nor should he imply to a constable 
 that he is slack : officers of voluntary agencies may 
 be at times too officious or too sentimental, but he 
 must be humble before them ; he will have to run 
 the risk of the jealousy of the labour exchange 
 officers by his familiarity with employers and steer 
 his way between the over-zealous Nonconformist 
 missioner and the strict disciple of the Church. On 
 the other hand, it is generally true to say that, 
 though all men engaged in any work have their 
 peculiarities, those, either as volunteers or as 
 officials, with duties in connection with the children 
 at police courts have one common trait they put 
 the interest of the child, as they see it, before other 
 considerations. 
 
 As the work is perfected it would be desirable if 
 the probation office could be in the " auxiliary 
 home " where there is one available. I attach 
 perhaps too little importance to buildings, offices, 
 and notepaper, though I like them good of their 
 kind. I do not think there is any serious objection 
 to probation officers using police-court offices which 
 are usually indistinguishable from the town, city, 
 or county hall. In London, however, I should cer- 
 tainly like to see the probation officers installed in 
 the town-halls and associated, if possible, with what 
 local civic life there is within the metropolitan 
 boroughs. 
 
 It has been suggested that there should be a 
 " Probation Commission " similar to that of the 
 Prison Commission ; should this or any other 
 central authority be created for the better ordering 
 
 K 2 
 
132 JUSTICE AND THE CHILD 
 
 of probation and " after-care " work it would over- 
 come the important problem of the direction and 
 control of the district officer. The number of officers 
 is and will be too small for local control, which should, 
 I feel, normally be preferred to central and remoter 
 management, while their duties will also necessitate 
 intercommunication. The district probation officer 
 working to a Commission will be placed in a suffi- 
 ciently independent position to enable him to 
 represent the interests of the parents and children 
 in court and not deprive him of the knowledge and 
 co-operation of the officials. 
 
 DAILY COURTS. 
 
 It will, I hope, be appreciated that none of the 
 proposals so far put forward adds to or takes from 
 the duties of the magistracy. I now merely wish to 
 suggest that the magistrates should be more avail- 
 able for dealing with juvenile cases. It would relieve 
 the pressure of the courts if the " doubtful " cases 
 could be taken every day in the magistrates' room, 
 so that the magistrate might dispose of as many of 
 the cases as possible which are now either ultimately 
 discharged, or dismissed on recognisances, or placed 
 on probation. The added inconvenience to those 
 whose cases were found to be insufficiently serious 
 to demand consideration in court would be more than 
 made up by the reduction in the number of those 
 who now experience the tiring and not exactly 
 elevating atmosphere of the ordinary court and 
 waiting rooms. 
 
READJUSTMENTS 133 
 
 It would be helpful to have an informal court of 
 this kind to which probationers might be summoned 
 if they were " transfer cases " from another district, 
 as it would prove to the youngster that probation 
 was more than a name if he were required to report 
 himself on entering a new district. Again, it 
 would give the magistrate an opportunity to send 
 for probationers the reports of whom were not 
 satisfactory. 
 
 I have outlined the organisation required on the 
 official side assuming the co-operation of the volun- 
 tary worker. In the next chapter I attempt to 
 show why this dependence is justified. 
 
CHAPTER X 
 
 VOLUNTARY SERVICE 
 
 I. The Neighbour. 2. The Guest House. 3. The Work 
 to be Done. 4. Reliance on the Volunteer. 5. Co- 
 operation or Subordination. 6. Voluntary Manage- 
 ment of Institutions. 7. The Whole Matter. 
 
 1. The Neighbour. 
 
 THE weakness of an official is in the frequency of 
 his promotions and transfers ; the strength of the 
 voluntary worker is in his stability. This is one 
 reason why it is desirable that the voluntary worker 
 rather than the official should do the personal or 
 case work. It is a work which takes time and is 
 essentially neighbourly. The door which will be 
 opened at any time between 8 a.m. and midnight has 
 more local use than the one which is accessible only 
 between 10 and 6 ; the unexpected encounter in the 
 street, the possibility of a talk on a Sunday, the 
 walk to a football match on a Saturday, the dis- 
 cussions over municipal politics, the use of the same 
 polling station, the common complaint as to the 
 condition of the streets a thousand natural links 
 exist between the men who live in the same parish. 
 It is the unconscious use of these neighbourly oppor- 
 tunities which holds society together. 
 
 This is the background of successful probation as 
 
VOLUNTARY SERVICE 135 
 
 of all " social " work, and a wise official must discover 
 it or his efforts will pass like the smoke from a 
 factory chimney. 
 
 In the foreground there is an amazing variety of 
 kindly human effort which is outside any club, or 
 society, or church ; the daily generosity of a poor 
 man or woman to poorer neighbours, the perpetual 
 passing on of information as to openings for work 
 and opportunities for " making a bit," and the ever- 
 lasting lending and borrowing are more real indica- 
 tions of the life of the people than the fuggy smell of 
 the streets and the occasional brawl outside the 
 public-house. 
 
 A lad breaks away from the club, he gets mixed up 
 with a coarse-minded girl ; he frequents the street 
 corners and public bars, where conversation is either 
 of the obscene or of the " odds " ; he finds associates 
 who spend most of their spare time in gambling ; 
 he stays out late at night and arrives late to his work 
 in the morning, and, eventually, he gets the " sack " ; 
 he is out of work and spends more time with his 
 undesirable associates, many of whom are in a like 
 case their " watcher " is caught napping, and he 
 and his gang are marched off to the police station ; 
 he is fined, cannot pay, and is sent to prison. This 
 is a brief statement of a process which may be 
 slowly developing over a number of years. The lad 
 may be caught back into a decent way of living by 
 his parents or by his club manager, but he may 
 pass through to the distressing end of a chapter 
 of crime. It is for such that the neighbour is 
 needed. 
 
136 JUSTICE AND THE CHILD 
 
 2. The Guest House. 
 
 There are not a few men willing to befriend such 
 a youth ; if I speak of those working through the 
 organisation of a guest house, it is not that I under- 
 value individual effort. There is one guest house 
 which is not a dandy lodging-house decorated with 
 texts : the master and mistress of the house have 
 themselves known the pinch of poverty ; they can 
 offer a bed which can be accepted by the youngster 
 from gaol without rousing suspicion, he hardly feels 
 that he is being " done good to " ; he can sit at 
 their table without fear of patronage, and go to 
 the foreman they recommend without wondering 
 whether the whole of his past history has been dis- 
 cussed by everyone in the shop. Such a guest 
 house cannot be created by calling together a com- 
 mittee of local philanthropists, though later such a 
 committee may be essential. The work of this 
 house began by one man caring sufficiently to take 
 any trouble to give one lad a new chance. His boy 
 friend proved difficult, and, at length, landed in 
 prison ; so he went to see the governor, was allowed 
 to visit the lad in his cell, and convinced himself that 
 a fresh start was possible. When the lad came out 
 he took him into his own house and kept him there 
 until a job turned up. 
 
 A more recent example of the work done will 
 show how it touches not merely the one who is 
 apparently in the greatest difficulty, but his home 
 where the cause of the trouble originated. The 
 warden or master of the guest house, if such a high- 
 sounding title may be used for so humble a person, 
 
VOLUNTARY SERVICE 137 
 
 was called up on the telephone by the grocer at the 
 corner of a poor street to be told that Bill Smith 
 had broken out again and had been at that moment 
 marched off kicking and fighting by the police. 
 The trouble in this case, already known to our 
 friend, was that Mrs. Bill Smith was not only a 
 shrew but given to inconstancy ; she had on two 
 previous occasions left her husband to live with 
 another man. Bill sought his consolation in drink, 
 and when in liquor " he was a terror." Reconcilia- 
 tion had been effected, but now the danger was 
 revived by the reappearance of the other man : 
 there had been a tremendous fight ; the interference 
 of the police, as is usual in such cases, was not well 
 received, with the result as above stated. 
 
 Our friend went round on his bicycle ; the magis- 
 trates were in possession of all the facts before Bill 
 appeared in the morning to answer a serious charge 
 of assault on the police in the execution of their duty. 
 He was discharged with a formal warning and was 
 taken off to the guest house, where his wife had 
 been already persuaded to attend ; but the case was 
 not left at this " happy-ever-after " stage. The 
 adult school people were at work ; both husband 
 and wife were persuaded to attend school and 
 encouraged by men of their own class to take part in 
 its activities. 
 
 It is an instructive comment on the work of the 
 men and women responsible for this guest house 
 that the number of separation orders in the town 
 has been reduced from 66 in 1911 to 24 in 1913 
 because they have persuaded the justices to see 
 
I 3 8 JUSTICE AND THE CHILD 
 
 the man and woman together before granting an 
 application. 
 
 The work done voluntarily by those who care can 
 only be explained in the histories of individual 
 cases ; it cannot be classified under societies and 
 institutions. Where the work is done it is done by 
 individuals, whether they be called probation officers 
 or missionaries or workers for this church or that 
 chapel. But, so far as I have any experience of it, it 
 is done always by men and women working under 
 the discipline of the religion of the Cross. 
 
 3. The Work to be Done. 
 
 The work which we are now considering as open 
 to the voluntary worker is individual case work. 
 Four different classes of juveniles and young 
 persons require attention (a) those placed on pro- 
 bation ; (b) those put under supervision pending 
 payment of fine ; (c) those discharged from the 
 industrial training and Borstal institutions (for I 
 think the co-operation of the Borstal Association is 
 not only essential but may be taken for granted) ; 
 (d) those whose parents have been in prison. We 
 might add those whose parents have been repri- 
 manded or punished for the neglect of their children. 
 
 We have seen that a number of voluntary societies 
 are already assisting in the work, and the volunteer 
 to whom I would appeal will be wise to throw in 
 his lot with those having experience rather than 
 attempt to form himself into a new society. 
 
 There should be no creation of new committees 
 
VOLUNTARY SERVICE 139 
 
 for the purpose of organising " after-care " work, 
 because it is important to use those now existing ; 
 the number of juveniles concerned in any district 
 is not excessive, and the work would suffer if it were 
 divorced from that which normally occupies the 
 people of good intent. Care would naturally have 
 to be exercised by the district probation officer to 
 see that a young Roman Catholic was not com- 
 mended to an ardent Plymouth Brother, for though 
 many of the cases indicate their own allocation 
 others do not. He would have to be aware of any 
 efforts being made to help a family of which one of 
 the children was in trouble, and that before the case 
 was decided. Any one attempting to improve the 
 family fortunes should be called as a witness on 
 behalf of the child. Such a person should, if possible, 
 be named in the probation order, or, if the lad is 
 sent to a school, be encouraged to keep up acquaint- 
 ance with him throughout his school life. In France 
 this protector or delegue, who is a private person of 
 good- will recognised by the State, is named in court 
 so that the juvenile and his parents are aware of his 
 position. He is appointed not only for what we 
 should term ordinary probation cases, but for chil- 
 dren committed to institutions. The authorities 
 appreciate that some protectors might be perhaps 
 more anxious to reform the reformatory than to 
 improve their acquaintance with the child, and 
 special advices are issued to the delegues on this 
 point. 1 
 
 1 " Petit Guide & 1'Usage des Rapporteurs et Dele"gu6s " 
 (Marchal et Godde, 27, Place Dauphine, Paris, pp. 17 and 18). 
 
140 JUSTICE AND THE CHILD 
 
 4. Reliance on the Volunteer. 
 
 We have considered the work which has been and 
 still remains to be done. Can the volunteer manage 
 without official assistance, or will official assistance 
 destroy him ? The State should know what to ex- 
 pect from the volunteer before instructing its officers. 
 
 The volunteer looks up rather doubtfully ; he has 
 been persuaded to co-operate with the official before, 
 and has learnt that when an official manages the 
 ship the voluntary worker is blamed for the contrary 
 wind and sacrificed to the whale. He is indeed a little 
 shy of the official voice. When at length he can be 
 prevailed upon to speak he wants to know whether 
 the work he is expected to do will be allotted to him 
 by the piece, whether he will be told that " Dr. S. 
 says the boy wants his ears cleaned and will you trot 
 along and tell his mother and write what she says on 
 the case paper," whether all the available institu- 
 tions for cleaning ears will be tabulated for the 
 parent's use, whether he may visit a friend in trouble 
 in the next parish, or would some other voluntary 
 worker be expected to do that ? Then he brutally 
 wishes to know whether his labour is to be secured 
 to save the rates. 
 
 Certainly the rates are to be saved, not in the way 
 he means, but by the reduction in the number of 
 people dependent upon assistance from the com- 
 munity ; the rates are to be saved by the number of 
 people he can effectively keep out of institutions 
 and assist to stand on their own feet. I am con- 
 vinced that the power and the willingness exist 
 among us to do the work which is required. 
 
VOLUNTARY SERVICE 141 
 
 5. Co-operation or Subordination. 
 
 I have discussed the question of official and 
 voluntary co-operation at some length in another 
 book, 1 and I do not propose to go over the ground 
 again. The State demands voluntary service from 
 its citizens and must be prepared to allow that 
 service full responsibilities. There should be no 
 overlapping of functions ; official and voluntary 
 duties should be distinct. I agree absolutely with 
 Mr. Legge, the Director of Education in Liverpool 
 and formerly Chief Inspector of Reformatories, 
 when he says, in his evidence before the Depart- 
 mental Committee 2 : " I do not think the tendency 
 has been for local authorities to give real power to 
 voluntary committees. They are a little too fond 
 of regarding members of voluntary committees as 
 puppets whose strings are to be pulled by the paid 
 official " ; and again : "I think that to put too 
 much power, which is the tendency of the day, into 
 the hands of the class to which I have belonged all 
 my life, that is to say, the paid official, is perilous in 
 the highest degree." 
 
 The difference between the volunteer and the 
 official is not primarily that one receives payment 
 for services which the other undertakes without such 
 reward, but that one offers himself and the other 
 represents passing and changing authority of those 
 dependent upon popular election. The official is 
 bound to act as an interpreter of regulations which 
 have been designed for the many, and he is usually 
 
 1 " The Care Committee, the Child and the Parent " (Constable). 
 3 See Volume of Evidence, p. 279. 
 
142 JUSTICE AND THE CHILD 
 
 so well supplied with work that he cannot devote 
 his whole energies to the one case. It not infre- 
 quently happens that a voluntary worker takes on 
 many more duties than he can fulfil and, as it were, 
 lowers himself to the level of the official, but he need 
 not ; the official has no choice. 
 
 When officials are appointed from the ranks of the 
 volunteers in the same service a type of official- 
 apprentice is created who works voluntarily in 
 order to qualify for an official salary. In work 
 which is officered by women who are compelled to 
 resign on marriage the number of vacancies is rela- 
 tively high, and the large number of unpaid but 
 expectant apprentices practically under official 
 control deprives the service of its " voluntary " 
 designation. 
 
 6. Voluntary Management of Institutions. 
 
 This is a matter which appears unfortunately on 
 the way to settling itself ; few new industrial schools 
 have been started on voluntary lines those who 
 wish to have them agitate for the local education 
 authority to use public money for the purpose. 
 
 There is, however, still an opportunity for volun- 
 tary effort ; the schools run by the Church Peni- 
 tentiary Association for morally deficient girls 
 could not conveniently be managed by a local autho- 
 rity. It would, I think, be all to the good if other 
 religious organisations followed the example in 
 being responsible for small special schools for 
 particular classes of girls and boys whose homes 
 were bad, and yet whose social or physical condition 
 
VOLUNTARY SERVICE 143 
 
 made it undesirable to send them to ordinary 
 institutions. 
 
 The provision of " auxiliary homes " offers an 
 unique opportunity to voluntary societies, for there 
 is no time in the history of the child more important 
 than his first acquaintance with industrial or com- 
 mercial life. The Poor Law Commission, considering 
 a similar need, decided " that such provision falls 
 within the sphere of private benevolence and should 
 be left to it." 1 
 
 The homes should not be large, and need not be 
 expensive ; they should be as near the country as 
 proximity to the workshops will allow, and they 
 might be a common meeting-place for those engaged 
 in the " after-care " work of the neighbourhood. 
 Those voluntary workers with any capacity for 
 athletics and organising games should be " com- 
 pelled to come in." 
 
 7. The whole Matter. 
 
 From the first error which brings a child into the 
 hands of the authorities to the last lesson in an 
 industrial school the State has been attempting to 
 train him for an independent and crimeless man- 
 hood. Does his future justify the treatment he has 
 received ? If we judge by the small number of 
 such children who, as adults, subsequently require 
 official attention the answer is in the affirmative. 
 But there are several considerations which will not 
 allow us to be content with that answer. 
 
 1 Report of Poor Law Commission, 1909, Part IV., Chapter 
 VIII., par. 401. 
 
144 JUSTICE AND THE CHILD 
 
 1. A number of these lads would have turned 
 out as well if they had been left alone. 
 
 2. A number of children who should be subject 
 to this State treatment are not brought to the 
 court because 
 
 3. There are too many authorities respon- 
 sible for the care of children. The authority 
 of the parent is not sufficiently regarded. 
 
 4. All institutions, whether remand homes or 
 schools, to which children are sent suffer from 
 the initial lack of discrimination in securing the 
 right case, so that adequate classification is 
 impossible. 
 
 5. The supervision of a lad at liberty, whether 
 he be on probation from the court or on licence 
 from the school, is so far incomplete that it 
 would be ineffective even if only the worst 
 cases were dealt with. 
 
 6. The confusion between the duties of 
 officials and of officials and voluntary workers 
 results in wasted effort and a misunderstanding 
 as to the object of the work. 
 
 These defects, however, do not incline me to call 
 for reform, there is nothing in the form of our pro- 
 cedure to hinder its effective use. If those entrusted 
 with its administration would not pretend to do 
 what they cannot begin to accomplish, if the 
 duties of the various authorities were denned and, 
 by the few readjustments necessary, it were made 
 possible for the available voluntary or official effort 
 to be concentrated into channels where it is needed, 
 these defects would be overcome. I have laid much 
 
VOLUNTARY SERVICE 145 
 
 stress upon the duties of the voluntary worker, in 
 order not to separate him from the official, but to 
 unite the two. I would keep their functions dis- 
 tinct so that they may unite and co-operate without 
 attempting to compete. 
 
 Our procedure in the treatment of juvenile 
 offenders is a means to an end, not the end itself. 
 The object we have in view is the healthy indepen- 
 dence of men and women. To accomplish this we 
 must somehow demonstrate to the delinquent youth, 
 as to the neglectful parent, that the course of a 
 man's life need not be set for destruction, that even 
 the narrow way has its illumination, that truth is 
 more than a statement which satisfies the bench, 
 and that life is something other than conduct 
 approved by the police. The youth has to learn 
 that life cannot be lived unto himself, and, in order 
 that he may learn this, we should seek to develop 
 rightly those links which bind the lad to his family 
 and to his " set " rather than to ingraft some 
 theoretical system of right living only possible of 
 practice apart from his natural associates. We 
 want the youth " to feel a tug upon his faculties, 
 and a sense of participation in the moral life about 
 him." l In the existing methods it will be found 
 that their basis is too often the separation of the 
 child from his parents. Instead of maintaining 
 that separation we should see that, wherever 
 possible, the natural links between parents and 
 children are so strengthened that, though the 
 
 1 " The Spirit of Youth and the City Streets " : Jane 
 Addams. 
 
 J.C. L 
 
146 JUSTICE AND THE CHILD 
 
 child is being trained in an institution, the home 
 from which he came is being assisted to become 
 worthy of his reception when he leaves. The 
 fact of a child getting into trouble, if it is due 
 to the faults and the ignorance of his parents, should 
 be sufficient to make us dissatisfied with any plan 
 which leaves the real cause of the disaster out of 
 account. There is something peculiarly heartless 
 in our working of the system if, to the persons con- 
 cerned, it appears like an all-powerful engine of the 
 State for the abduction of their children. By recent 
 legislation we have gone far in interfering in the lives 
 of the people, and it may seem difficult to co- 
 ordinate the various detached efforts of the many 
 different public authorities, so that, even with the 
 handicap of official doles, there might be some sort 
 of common purpose expressed to and felt by those 
 whom we call the poor. The ministry of State 
 assistance has engulfed, for the moment anyhow, a 
 large amount of the interest of well-disposed people 
 who work for their church or voluntary societies. 
 Some of the clergy spend more than half their time 
 upon non-parochial committees ; many do not know 
 how to reconcile the claims of their parish with the 
 demands of the societies which work in their own 
 and many neighbouring parishes. And yet there 
 can be no departure from the law that it is only one 
 man, by the grace of God, who can help another ; 
 and, though our organisations were doubled in 
 number and every other citizen were an official, it 
 would still only be possible for the most beneficent 
 of schemes to be of use according to the personality 
 
VOLUNTARY SERVICE 147 
 
 and capacity of the men by whom it was represented. 
 Thus in the present confusion it will be found that 
 here a church-worker or club manager, there a 
 schools officer or " cruelty man/' somewhere else a 
 sanitary inspector or relieving officer, round the 
 corner a probation officer, in the next town the chief 
 constable and in the next parish a priest, are making 
 either the strong or weak society they believe in a 
 source of power to those who are in distress. 
 
 The " after-care " work of probation officers and 
 industrial school superintendents and managers is 
 so closely concerned with the welfare of the poorest 
 and most ignorant people that it must not be 
 departmentalised ; it must somehow lead to the dis- 
 covery of the men and women who are, in whatever 
 capacity, actually bringing men and women to a 
 better understanding of life. These are not satisfied 
 with the actual expression of wrong shown by one 
 member of the family ; if the cause of the fault is in 
 the home, they see the family as a whole and seek to 
 save it as a whole. 
 
 Finally, it is a work which cannot be circum- 
 scribed within age or any arbitrary limit. If a 
 worker is once vitally in touch with a case he will not 
 feel that his responsibility has magically been re- 
 moved when the lad celebrates his twentieth or any 
 other birthday ; he will want the privilege of being 
 available whenever his friend is in trouble or in joy, 
 to be at his wedding, to be godfather to his children 
 to be a " pal/' not an organised and patronising 
 Prig- 
 
 L 2 
 
APPENDICES 
 
 APPENDIX A. "THE INVASION OF THE HOME." 
 
 NO p 
 
 . 
 
 u yjNTARY 
 
 This diagram is reproduced, with some slight altera- 
 tions, by the courtesy of Miss Margaret Bondfield. 1 It 
 is strange how ineffective the " official " bodies have 
 proved; and how much further removed in practice 
 these are from " public control " than the " voluntary 
 and charitable agencies," whose chief pitfall is a too 
 ready compliance with public opinion. 
 
 1 " The National Care of Maternity " : Women's Co-operative 
 Guild, 28, Church Row, Hampstead. id. 
 
150 
 
 APPENDIX 
 
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152 APPENDIX 
 
 APPENDIX C. 
 
 SUMMARY OF THE YEAR'S WORK OF THE CHILDREN'S 
 AID SOCIETY, 1913. 
 
 Boys and girls sent to certified industrial schools . 512 
 
 certified reformatory schools. 66 
 
 voluntary homes . . 244 
 
 Boys emigrated 29 
 
 Cases taken to the workhouse . . . -99 
 Cases investigated and watched . . . .2129 
 Cases still under investigation .... 172 
 Cases dealt with under the Probation Act . . 86 
 Provided for in other ways .... 28 
 
 Total 3365 
 
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154 APPENDIX 
 
 APPENDIX E. 
 
 HOME OFFICE CIRCULAR, MARCH i6xH, 1914. 
 Special reformatory and industrial schools for girls 
 who by reason of immoral conduct, or because they have 
 been in immoral surroundings, are unfitted for ordinary 
 reformatory or industrial schools. 
 
 Reformatory Schools. 
 
 Church Army Home, Queen Elizabeth's Lodge, Old 
 
 Southgate, N., for girls between the ages of fourteen 
 
 and sixteen on admission. 
 Mount Vernon Green Reformatory School, Liverpool, 
 
 for girls between the ages of twelve and sixteen on 
 
 admission. 
 This is an ordinary reformatory, but the managers 
 
 have made arrangements for the reception of girls 
 
 of the special class in question in a separate building 
 
 known as " The Willows." 
 
 Industrial Schools. 
 
 St. Mary's Home, Buxted, for girls under the age of ten 
 
 on admission. 
 St. Monica's Home, 28 and 29, " The Waldrons," Croydon. 
 
 for girls between the ages of ten and thirteen on 
 
 admission. 
 St. Winifred's Home, Wolverhampton, for girls between 
 
 the ages of twelve and fourteen on admission. 
 St. Ursula's Home, Amberley House, Teddington, for 
 
 girls between the ages of twelve and fourteen on 
 
 admission. 
 Princess Mary Village Homes, Addlestone, Weybridge, 
 
 for girls under the age of fourteen on admission. 
 This is an ordinary industrial school, but the 
 
 managers have made arrangements for the reception 
 
 of girls of the special class in question in a separate 
 
 building known as " Homelands." 
 
INDEX 
 
 A. 
 
 " Abatement of Imprisonment Bill," 9 
 
 Abnormal families, 4, 16, 19 
 
 " Across the Bridges," Alexander Paterson, 93 
 
 Adoption, by Poor Law guardians, 35, 71 
 
 Adult schools, in 
 
 After-care, 7, 82, 96 et seq. 
 
 Age of children, 34, 41, 71, 94, 108, 116 
 
 American courts, 80, 113, 117, 123 
 
 Apprenticeship and Skilled Employment Committee, in 
 
 Australia and emigration, 108 
 
 Auxiliary homes, 106, 143 
 
 B. 
 
 Beccana, of Milan, 54 
 Birmingham After-Care, 112 
 
 Remand Home, 41 
 Board of Trade, 17, 18, 113 
 Boarding out, 80, 94 et seq. 
 Borstal Association and After-Care, 97 
 
 committal to, 34, 74, 75 
 
 for females, 75 
 
 method, 86 
 
 " Boy Labour and Apprenticeship," R. Bray, 7 
 Boys' clubs, 115 
 Bristol, 1 8 
 
 Brothels, children in, 25, 31, 34, 35 
 Budapest, 45, 49 
 
156 INDEX 
 
 C. 
 
 Canada, 108, 125 
 
 Catholic Emigration Association, 108 
 
 Certified Schools (see REFORMATORIES and INDUSTRIAL 
 
 SCHOOLS) . 
 
 Certified Schools Agency, 81, 109 
 Charity Organisation Society, 18, in 
 Chief Inspector of Reformatory and Industrial Schools, 
 
 Report for 1913. .78, 84, 95, 108 
 Children Act, 
 
 " any person " may institute proceedings, 33 
 
 auxiliary homes, 106 
 
 boarding out, 94 
 
 children committed to care of fit persons, 71, 72 
 
 industrial school, 25, 6 1, 77 
 prison, 13, 74, 150 
 
 Children's Courts, 13, 48, 6 1 
 
 classification of children, 34, 79 
 
 licensing, 68, 82, 101 
 
 parents' payments, 70, 78 
 punishment, 32 
 
 Remand Homes, 41, 47 
 
 returns for London, 62 
 
 section 58. .25, 26, 32, 34, 35, 54, 55, 62, 68, 72, 121 
 
 Scotland, 36 
 
 vagrants, 38 
 
 Children's Aid Society, 22, 108, no, 152 
 Children's care committees, 17, 123, 141 
 Children's Court, 13, 48, 61 
 Choice of Employment Act, 113 
 Church Army, in 
 
 Church of England Men's Society, no 
 Classification of children, 26, 34, 62 et seq., 79 
 Commissioner of Police, Report of, 42, 65 
 Commissioners of Prisons, Report of, 26, 67, 73 
 Criminal assault on girls, 27 et seq. 
 Criminal Justice Administration Act, 9, 13 
 
 Borstal, 34, 74 
 
 payment of fines, 67 
 
INDEX 157 
 
 Criminal Justice Administration Act (contd.). 
 
 probation, 65 
 
 whipping, 71 
 
 Criminal Law Amendment Act, 28 
 Criminal Statistics, 
 
 Charges under Children Act, 25, 61, 63 
 
 juvenile offences, 24, 62 
 
 number of juveniles sent to Borstal, 75 
 
 places of detention, 71 
 reformatory and indus- 
 trial schools, 68 
 
 number of persons convicted, 8 
 
 probation orders made, 65 
 
 recidivists, 8 
 Cure or prevention, 6 
 
 D. 
 
 Day Industrial Schools (see also INDUSTRIAL SCHOOLS), 85 
 
 " Dcret Portant Reglement d' Administration publique 
 
 relatif a 1' Application de la loi du 22 Juillet 1913 sur les 
 
 Tribunaux pour Enfants et Adolescents et sur la Liberte 
 
 Surveill6e," 127 
 
 Departmental Committee on Probation Act, Report of, 1909 
 
 ..113 
 
 Departmental Committee on Reformatory and Industrial 
 Schools, 
 
 Report of, 1896. .77 
 
 Report of, 1913. .63, 68, 70, 78, 84, 94, 97, 101, 106, 141 
 Desford Industrial School, 106 
 Detention, Places of (see REMAND HOMES). 
 Deuteronomy, 9 
 District probation officer, 122 
 Dorset Republic, 87 
 
 E. 
 
 Education Acts, 62, 68, 77, 85 
 Education authority, 
 after-care, 112 
 
158 INDEX 
 
 Education authority (contd.). 
 
 Board of Trade, 113 
 
 officials, 17, 35 
 
 police, 35, 121 
 
 Poor Law, 36, 37 
 
 Education (Choice of Employment) Act, 113 
 Education (Provision of Meals) Act, 124 
 Employment of Children Act, 24 
 Employment of children leaving school, 103 
 Emigration, 108 
 Eugenists, 56 
 Evidence, 52 
 
 as to brothels, 31 
 
 F. 
 
 Farm boys, 101 
 Fines, 66 
 
 G. 
 
 George Junior Republic, 87 
 Germany, 58, 125 
 Gibb, Rev. Spencer, 113 
 Girls in court, 30 
 
 employment, 105 
 
 offences against, 27 et seq. 
 Girls' Friendly Society, 109 
 Glasgow, Report of Parish of, 37 
 Guest House, 136 
 
 H. 
 
 Hayes Industrial School, 106 
 Health visitors, 17, 1 8 
 Holmes, Edmond, 8 
 Home, better than school, 33 
 
 value of, 93 
 
 visits by officials, 22, 149 
 Home Office, 9, 13, 17, 18, 94, 107 
 Hungary, 126 
 
INDEX 159 
 
 I. 
 
 Indeterminate sentence, 75 
 Industrial schools, 77 et seq. 
 
 applications for committal to, 61 
 
 for mentally and physically defective, 69, 79 
 
 for morally deficient girls, 28, 69 
 
 number of children sent to, 68 et seq. 
 
 offences for which sent to, 25, 26 
 Institutional treatment, 92 
 Invalid Children's Aid Society, 109, 124 
 
 J. 
 
 Jury, 58 
 
 Justice, aim of, 2, u 
 
 Juvenile Advisory Committees, 17, 18, 113 
 
 Juvenile Courts, 48 et seq., 80 
 
 daily, 133 
 Juvenile offenders, 
 
 number of, 3, 25 
 
 number on probation, 65 
 
 L. 
 
 Lane, Mr. Homer, 87 
 
 " Le Droit de 1'Enfant Abandonne" et le Syste~me Hongrois 
 
 de Protection de 1'Enfance," 126 
 Leeson, Cecil, " The Probation System," 66, 117, 123 
 Legge, Mr. J. G., 70, 141 
 Leicester, 106, 121, 124 
 Licensing (see CHILDREN ACT), 101 
 Local Government Board, 
 
 boarding out, 95 
 
 Remand Homes, 40 
 London County Council, 
 
 after-care, 100, 106 
 
 boarding out, 80, 94 
 
 Children's Care Committees, 17, 123 
 
 children charged, 62 
 
160 INDEX 
 
 London County Council (contd.}. 
 emigration, 108 
 " following-up " cards, 119 
 N.S.P.C.C., arrangements with, 35 
 Remand Homes, 40 et seq. 
 vagrant children, 38 
 
 M. 
 Magistrates, 51, 60, 122 
 
 clerks, 121 
 
 daily courts, 132 
 
 leniency, 61 et seq. 
 
 probation, 64, 129 
 
 Manchester, Strangeways Refuge, 41 
 Metropolitan Association for Befriending Young Servants, 
 
 109 
 
 Metropolitan Asylums Board, 40, 41, 42, 124 
 Metropolitan boards of guardians, 17 
 
 borough councils, 16, 131 
 Missions to Seamen, 99 
 Montagu, Mr. George, 88 
 Motion, Mr., 37 
 Munich, 45 
 
 N. 
 
 National Society for the Prevention of Cruelty to Children, 
 
 18, 34. 35 
 
 Nottingham, in 
 
 O. 
 
 Officials, 16 et seq. 
 
 overlapping, 20, 35, 36, 149 
 
 P. 
 
 Parents' liability and payments, 32, 70, 78 
 Paris, 45, 52, 127 
 Parkhurst Prison, n 
 
INDEX 161 
 
 Pelham, The Rev. H. S., " The Training of a Working 
 
 Boy," 61 
 
 " Petit Guide a 1' Usage des Rapporteurs et Delegu6s," 139 
 Places of Detention (see REMAND HOMES). 
 Police, 22, 30, 35 
 Police courts and children, 49 
 Poor Law Act, 1899. .36, 71 
 Poor Law authority, 
 
 after-care, 112 
 
 Children Act, 36, 71, 72 
 
 officials, 17, 1 8 
 Poor Law Commission, 
 
 after-care, 102 
 
 auxiliary homes, 143 
 
 neglected children, 36 
 " Poor man's lawyer,'* 59 
 Prevention, 6, 7 
 
 Prevention of Crimes Act, 13, 74, 75, 86 
 Prevention of Cruelty to Children Act, 29 
 Prison (see PUNISHMENT). 
 
 children committed to, 73, 150 
 
 Parkhurst, n 
 Probation, 
 
 number of cases, 64, 65 
 
 object of, 3 
 
 official failures and, 15 
 
 prevention of crime and, 7 
 
 versus institutional treatment, 63, 69 
 Probation Commission suggested, 131 
 Probation of First Offenders Act, 12 
 Probation of Offenders Act, 12, 34, 64, 65, 113, 116 
 Probation Officer, 113 et seq. 
 
 after-care workers and, 147 
 
 duties of, 116 
 
 normal family and, 4, 16 
 
 women, 116 
 
 Prostitutes, children and, 25, 26, 31, 34 
 Punishment, 4, 9, 10 
 
 of juvenile crime, 61 et seq. 
 J.C. M 
 
162 INDEX 
 
 R. 
 
 Recidivists, 8 
 Reformatories, 77 et seq. 
 
 for mentally deficient, 56 
 
 number of juveniles committed to, 68 
 Reformatory and Refuge Union, no 
 Remand as alternative to probation, 72 
 Remand Homes, 40 et seq., 71 
 Revue des Tribunaux pour Enfants, 52 
 Royal Commission on Reformatory and Industrial Schools, 
 
 77 
 Russell, Mr. C. E. B., 60, 74, 114 
 
 S. 
 Salvation Army, 1 1 1 
 
 Emigration Agency, 108 
 Sanitary inspectors, 16 
 Sentences on juveniles, 61 et seq., 75 
 Separation orders, 137 
 Social service, object of, 5 
 Society of S. Vincent de Paul, 109 
 Summary Jurisdiction Act, 12 
 
 T. 
 
 " The Boy and His Work," Rev. Spencer Gibb, 113 
 
 " The Care Committee, the Child and the Parent," Douglas 
 
 Pepler, 141 
 
 " The Criminal and the Community," Dr. James Devon, 53 
 " The Law of Children and Young Persons," L. A. Atherley- 
 
 Jones, and H. H. L. Bellot, 29 
 The Little Commonwealth, 87 
 
 " The Making of the Criminal," C. E. B. Russell, 60, 114 
 " The Probation System," Cecil Leeson, 66, 117, 123 
 " The Spirit of Youth and the City Streets," Jane Addams, 
 
 145 
 
 " The Tragedy of Education," Edmond Holmes, 8 
 Tolstoy and punishment, 10 
 
INDEX 163 
 
 Treasury grants, 78, 108 
 
 Truancy, 24, 25, 35, 62, 68, 102 
 
 Truant schools, 85 (see also INDUSTRIAL SCHOOLS). 
 
 V. 
 
 Vagrant children, 38 
 
 Village communities in Hungary, 94 
 
 Voluntary " after-care " organisations, 107, 109 
 
 management of institutions, 78, 142 
 
 service, 134 et seq. 
 
 subscriptions to reformatory and industrial 
 schools, 78 
 
 system, 78 
 
 workers on care committees, 123 
 
 W. 
 
 Waifs and Strays Society, 108, 109 
 Whipping, 70 
 
 Women, need for in court, 30, 57, 59 
 probation officers, 116 
 
 Y. 
 
 " Young Gaol Birds," C. E. B. Russell, 74 
 Youthful Offenders Act, 13, 40 
 
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