Prisons – Industrial Schools, Borstals and Young Offenders Institutions
In the early 19th century cases of children under 12 being committed to prison were rare in Scotland. Instead, industrial schools were set up for neglected, orphaned or homeless children and reformatory schools were set up for juvenile offenders. However, the distinction between industrial and reformatory schools was not always maintained. From 1854, sheriffs could send homeless children under 14 to either a reformatory school or an industrial school where they had to remain until they were 15, unless discharged, with the costs placed on the parochial boards when the parents did not pay for this.[1] From 1866, juvenile offenders under 16 could also be sent to a reformatory school or industrial school.[2]
Under the Industrial Schools Act 1866, efforts were made to establish training ships for homeless boys on the River Clyde and the River Tay.[3] These were supported by charitable organisations and government grants, including provision of the ships by the Admiralty. They were effectively children’s homes with the addition of training in seamanship. The T.S. Mars on the River Tay survived until the 1920s.[4]
The Children Act 1908 made local authorities responsible for the provision of reformatory schools and industrial schools (whether alone, or in combination with other local authorities or by using voluntary schools) and for the maintenance of children sent to these schools.[5] The Children and Young Persons (Scotland) Act 1932 replaced industrial and reformatory schools with approved schools and gave local authorities a duty to provide remand homes and approved schools. As with the 1908 Act this could be by combining with other local authorities or using schools and homes set up by others, such as churches, charities and private providers.[6]
Under the Prevention of Crime Act 1908 a borstal institution for boys was established at Polmont in Stirlingshire (opened 1911) and from 1912 a part of Dumfries prison operated as a borstal institution for girls (under the name of the ‘Jessiefield Institution’).[7] In 1914 borstal departments were also opened in Barlinnie and Duke Street prisons in Glasgow.[8] In 1920 the new prison in Edinburgh opened a department for male borstal inmates to relieve pressure on Polmont, and in the same year Greenock prison opened a department for female borstal inmates, and by 1926 had superseded Jessiefield as the sole borstal for females in Scotland.[9] In 1931 a female borstal department was opened in Edinburgh prison.
From 1937 reformatory and industrial schools became known as approved schools and only children aged 10 or over could be sent there with a limit of three years on their sentence.[10] Any young person under 18 could be transferred from a borstal to an approved school. Borstals thereafter took only young persons aged 16-21. From 1961 approved schools could be used as secure units.[11] From 1968 these schools became known as ‘List D’ schools.
From 1963 young offenders’ institutions were provided in addition to remand centres, detention centres and borstals and eventually this name replaced the others.[12] In 1982 borstal training was abolished.[13]
Records of reformatory and industrial schools and remand homes should be held by local authority archives services. Not all local records survive, and it may be more useful to look at the Scottish Office files on inspections held by the National Records of Scotland (NRS) (reference code ED15). Records of borstals and young offenders institutions are held by NRS (reference codes ED15, HH48 and HH57).
Compilers: SCAN contributors (2000), Elspeth Reid (2021)
Related Knowledge Base entries
Young offenders and children in the justice system
Care of children, young people and families
Bibliography
Abrams, Lynn & Linda Fleming, Report into the Historic System to protect and prevent the abuse of children in care in Scotland, 1948-1995 (Scottish Child Abuse Inquiry, 2019) <https://childabuseinquiry.scot/research/research-reports/the-historic-system-to-protect-and-prevent-the-abuse-of-children-in-care-in-scotland-1948-1995/> [accessed 21 June 2021]
Norrie, K McK., Legislative Background to the treatment of children and young people living apart from their parents. (Scottish Child Abuse Inquiry, 2017) <https://www.childabuseinquiry.scot/research/research-reviews/the-legislative-and-regulatory-framework/> [accessed 21 Jun 2021]
References
[1] Reformatory and Industrial Schools (Scotland) Act 1854 (17 & 18 Vict. c.74).
[2] Reformatory Schools Act 1866 (29 & 30 Vict. c.117); Industrial Schools Act 1866 (29 & 30 Vict. c.118).
[3] Industrial Schools Act 1866 (29 & 30 Vict. c.118); Glasgow Evening Citizen 12 Mar 1869; Dundee Courier 21 October 1869.
[4] Dundee Evening Telegraph 25 Oct 1926.
[5] Children Act 1908 (8 Edw. VII c.67).
[6] Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37) s.81.
[7] Prevention of Crime Act 1908 (8 Edw. VII c.59); National Records of Scotland (GB234) HH12/87/2-3 Jessiefield Borstal Institution, Dumfries.
[8] National Records of Scotland (GB234) HH12/34 Barlinnie Prison Glasgow – Borstal Visiting Committee Inspection Books, 1917-1945.
[9] NRS (GB234) HH12/24 Edinburgh Prison Borstal Visiting Committee Minute Book, 1919-52; HH12/56/4 Greenock Prison Visiting Committee (Female Borstal) Report Book, 1920-48.
[10] Children and Young Persons Act 1932 (22 & 23 Geo. V c.47).
[11] Approved Schools (Scotland) Rules, 1961.
[12] Criminal Justice (Scotland) Act 1963 (c.39).
[13] Criminal Justice Act 1982 (c.48).