English Poor Law Policy

by Sidney Webb; Beatrice Webb

The first series was, it is clear, regarded (at any rate down to 1842) as temporary, only "to be sanctioned as a palliative for a time, and until adequate and efficient workhouse accommodation shall be provided." [98] These regulations were, in the autumn of 1834, issued separately to certain unions pending the introduction of "proper regulations";[99] but we also find them, between 1835 and 1842, included as a matter of course in orders prohibiting outdoor relief, by way of exception, but still only as providing a temporary alternative, until accommodation can be obtained for the reception of such persons in the workhouse.[100]

There was even a third series of Orders, which may perhaps be regarded as even more provisional and temporary than the first series. To various local authorities in large towns (such as Norwich), and in the Metropolitan parishes, Orders were issued from 1835 onwards, simply requiring that any outdoor relief to the able-bodied should be, to the extent of one-third[101]—sometimes to the extent of one-half[102]—"relief in kind," that is to say, in loaves of bread.[103]

It has been assumed that it was the intention of the Central Authority from the outset to replace these temporary orders permitting outdoor relief to the able-bodied by some permanent injunction substituting relief in the workhouse as the only method. But the documentary evidence indicates that the Central Authority either never entertained the idea—or else very quickly abandoned it—of issuing the Prohibitory Order to the manufacturing towns of the north. Thus, in October 1836, after nearly two years' experience, the Poor Law Commissioners, as their Assistant Commissioner reported, were disposed to leave "the contemplated workhouse system ... very much to the board of guardians, and they did not feel it necessary to lay down those strict rules that they had in some instances laid down for the government of unions in the south of England." [104]

In 1842 the Central Authority, perhaps unwittingly, took a new departure. In the northern counties there were districts for which no orders "concerning the outdoor relief of the able-bodied" had been issued. The Central Authority had failed to induce the Local Authorities to provide "adequate workhouse accommodation," and it was found that "large numbers of able-bodied persons are often suddenly thrown out of employment by the fluctuations of manufacturers" (sic).[105] To meet this situation, a new General Order was issued (the Outdoor Labour Test Order, 13th April 1842); on the ground that it was impracticable "to issue the Order prohibiting outdoor relief to able-bodied persons." [106] This order is historically of two-fold significance. It has had, as will subsequently appear, a long and continuous career of its own, in force in combination with the Outdoor Relief Prohibitory Order in particular unions.[107] But between 1842 and 1852, standing by itself in other unions,[108] it was the temporary embodiment of an alternative policy of the Central Authority. This alternative policy was, in 1852, definitely adopted by the Outdoor Relief Regulation Order (still in force), as the one permanently appropriate for the circumstances of many unions, covering a large part of England and Wales.

This policy of leaving to the discretion of the local authorities the grant of outdoor relief to the able-bodied on certain conditions was, as already mentioned, confined to men. We can find no explanation of, or reason for, the entire absence of any provision for independent women who were able-bodied. It can only be inferred that, in those districts, the Central Authority meant the unlimited discretion of the local authorities with regard to outdoor relief to able-bodied independent women to continue. The outdoor relief sanctioned for able-bodied men was strictly limited to persons who were not in employment for hire. This limitation was expressly intended to prevent the old "Rate in Aid of Wages." But it was subsequently expressly allowed that outdoor relief might be given, in respect of the particular days in a week or the particular weeks in a month during which persons were unemployed, whilst they were in remunerative employment on other days of that week, or other weeks of that month.[109] In the case of persons partially disabled, and able to earn only partial maintenance, the Poor Law Commissioners recommended that they "should be entirely supported by the guardians"—not, be it noted, by being admitted to the workhouse—but either by their being "set to work by the guardians in such manner as may be suitable to their condition," or else by their being prohibited from doing any work on their own account.[110]

It should be said that (with an exception to be hereafter noted in the case of women) the Central Authority stood rigidly on the position taken up by the 1834 Report that no regard was to be paid to character, in judging applications for relief. "If a person," said the Poor Law Commissioners in 1840, "be in a state of destitution, such person is to be relieved, without reference to the moral character of such person. Relief from the poor rates can only lawfully be given in cases where persons are destitute of the means of support. And the fact that the destitution may have been caused by the immorality or improvidence of the party who seeks to be relieved does not alter or vary the duty of guardians to administer relief proportional to the necessity of the case." [111]

The outdoor relief, where given, had to be subject to two conditions. It was to be at least half in kind, and conditional on the recipient being set to work by the local authority, the time, mode and conditions of work being fixed by the Central Authority.

With regard to the kinds and conditions of "parish work," it was repeatedly laid down by the Central Authority that none would be sanctioned unless (a) the work was "hard," not of a kind usually performed by independent labourers or competing with them, nor "much regarded as to profitable results," strictly supervised, "of a laborious and undesirable nature in itself," and "of such a nature as to discourage applications from all who are not really necessitous"; (b) paid "less than would be paid for work of equal quantity if performed by independent labourers";[112] or as it was later stated, the payment "ought to assume the form of relief, not of wages.... A single man or a man with a wife and one child ought not to receive as much as a man with a wife and eight children." [113]

It is not explained how payment on the last principle could be made consistent with the former principles. But the intention of the Central Authority is clear. In the words quoted with approval in the circular of 1835, the parish was to be "the hardest taskmaster and the worst pay-master." [114]