Poor Law Amendment Act 1834
Encyclopedia
The Poor Law Amendment Act 1834, sometimes abbreviated to PLAA, was an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 passed by the Whig
British Whig Party
The Whigs were a party in the Parliament of England, Parliament of Great Britain, and Parliament of the United Kingdom, who contested power with the rival Tories from the 1680s to the 1850s. The Whigs' origin lay in constitutional monarchism and opposition to absolute rule...

 government of Lord Melbourne
William Lamb, 2nd Viscount Melbourne
William Lamb, 2nd Viscount Melbourne, PC, FRS was a British Whig statesman who served as Home Secretary and Prime Minister . He is best known for his intense and successful mentoring of Queen Victoria, at ages 18-21, in the ways of politics...

 that reformed the country's poverty relief system
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...

 (with the exception of Scotland, which reformed their poor law in 1845). It was an Amendment Act that completely replaced earlier legislation based on the Poor Law of 1601. With reference to this earlier Act the 1834 Act is also known as the New Poor Law.

The Amendment Act was called for after an investigation by the 1832 Royal Commission into the Operation of the Poor Laws which included Edwin Chadwick
Edwin Chadwick
Sir Edwin Chadwick KCB was an English social reformer, noted for his work to reform the Poor Laws and improve sanitary conditions and public health...

, George Nicholls
George Nicholls (British Commissioner)
George Nicholls was a British Poor Law Commissioner after the passing of the Poor Law Amendment Act. He had been an Overseer of the Poor under the old system of poor relief.-References:...

, John Bird Sumner
John Bird Sumner
John Bird Sumner was a bishop in the Church of England and Archbishop of Canterbury.-Life:Sumner was the elder brother of Bishop Charles Richard Sumner. He was born at Kenilworth, Warwickshire and educated at Eton College and Cambridge University. In 1802 he became a master at Eton and was...

 and Nassau William Senior
Nassau William Senior
Nassau William Senior , English economist, was born at Compton, Berkshire, the eldest son of the Rev. JR Senior, vicar of Durnford, Wiltshire.-Biography:...

. The Act has been described as "the classic example of the fundamental Whig-Benthamite reforming legislation of the period", based on three main doctrines: Malthus
Thomas Malthus
The Reverend Thomas Robert Malthus FRS was an English scholar, influential in political economy and demography. Malthus popularized the economic theory of rent....

's principle that population increased faster rather than resources unless checked, Ricardo
David Ricardo
David Ricardo was an English political economist, often credited with systematising economics, and was one of the most influential of the classical economists, along with Thomas Malthus, Adam Smith, and John Stuart Mill. He was also a member of Parliament, businessman, financier and speculator,...

's "iron law of wages
Subsistence theory of wages
The iron law of wages is a proposed law of economics that asserts that real wages always tend, in the long run, toward the minimum wage necessary to sustain the life of the worker. The theory was first named by Ferdinand Lassalle in the mid-nineteenth century...

" and Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...

's doctrine that people did what was pleasant, and would tend to claim relief rather than working.

The Amendment Act came two years after the 1832 Reform Act had extended the franchise
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...

 to the middle-classes. Some historians have argued that this was a major factor in the PLAA being passed.

1832 Royal Commission's findings

The Royal Commission's findings, which had probably been predetermined, were that the old system was badly and expensively run. The Commission's recommendations were based on two principles. The first was less eligibility
Less eligibility
Less eligibility was a condition of the Poor Law Amendment Act 1834. It was intended to make workhouses a deterrent . It stated that working conditions in the workhouse had to be worse than the worst job possible outside the workhouse...

 – conditions within workhouses should be made worse than the worst conditions outside of the workhouse so that workhouses served as a deterrent – only the most needy would consider entering them. The other was the "workhouse
Workhouse
In England and Wales a workhouse, colloquially known as a spike, was a place where those unable to support themselves were offered accommodation and employment...

 test", that relief should only be available in the workhouse. A problem with this system was the urban rate payers were faced with a dramatic increase in their poor rate
Poor rate
In England and Wales, under the 1601 Elizabethan Poor Law the poor rate was a tax on property levied on the parish which was used to provide poor relief to the parish poor. The tax was collected by local magistrates or Overseers of the Poor, and later by Local Authorities....

 because the principle of less eligibility made the rural poor migrate where there was work.

When the act was introduced however it had been partly watered down. The workhouse test and the idea of "less eligibility" were never mentioned themselves and the recommendation of the Royal Commission – that 'outdoor relief
Outdoor relief
This article refers to Britain's welfare provision after the 1601 Poor Law. For welfare programmes see Social securityAfter the passing of the Elizabethan Poor Law , outdoor relief was that kind of poor relief where assistance was in the form of money, food, clothing or goods, given to alleviate...

' (relief given outside of a workhouse) should be abolished – was never implemented. Policy officially changed after the passing of the Outdoor Labour Test Order
Outdoor Labour Test Order
The Outdoor Labour Test Order was a piece of policy issued by the Poor Law Commission on 13 April 1842 which allowed the use of outdoor relief to the able-bodied poor. The order was issued after there was some opposition to the Commission's previous order stating that only indoor relief should be...

 which 'allowed' outdoor relief
Outdoor relief
This article refers to Britain's welfare provision after the 1601 Poor Law. For welfare programmes see Social securityAfter the passing of the Elizabethan Poor Law , outdoor relief was that kind of poor relief where assistance was in the form of money, food, clothing or goods, given to alleviate...

.

Malthusianism

An Essay on the Principle of Population
An Essay on the Principle of Population
The book An Essay on the Principle of Population was first published anonymously in 1798 through J. Johnson . The author was soon identified as The Reverend Thomas Robert Malthus. While it was not the first book on population, it has been acknowledged as the most influential work of its era...

by Malthus
Thomas Malthus
The Reverend Thomas Robert Malthus FRS was an English scholar, influential in political economy and demography. Malthus popularized the economic theory of rent....

 set out the influential doctrine that population growth was geometric
Malthusian catastrophe
A Malthusian catastrophe was originally foreseen to be a forced return to subsistence-level conditions once population growth had outpaced agricultural production...

, and unless checked, increased faster than the ability of a country to feed its population. This pressure explained the existence of poverty, which he justified theologically as a force for self improvement and abstention. As a political moralist he opposed the old poor laws as self-defeating, removing the pressure of want from the poor while leaving them free to increase their families, thus leading to an unsustainable increase in population. His views were influential and hotly debated without always being understood, and opposition to the old Poor Law which peaked between 1815 and 1820 was described by both sides as "Malthusian
Malthusianism
Malthusianism refers primarily to ideas derived from the political/economic thought of Reverend Thomas Robert Malthus, as laid out initially in his 1798 writings, An Essay on the Principle of Population, which describes how unchecked population growth is exponential while the growth of the food...

".

Of those serving on the Commission, the economist Senior
Nassau William Senior
Nassau William Senior , English economist, was born at Compton, Berkshire, the eldest son of the Rev. JR Senior, vicar of Durnford, Wiltshire.-Biography:...

 identified his ideas with Malthus while adding more variables, and Bishop John Bird Sumner
John Bird Sumner
John Bird Sumner was a bishop in the Church of England and Archbishop of Canterbury.-Life:Sumner was the elder brother of Bishop Charles Richard Sumner. He was born at Kenilworth, Warwickshire and educated at Eton College and Cambridge University. In 1802 he became a master at Eton and was...

 as a leading Evangelical was more persuasive than Malthus himself in incorporating the Malthusian principle of population into the Divine Plan, taking a less pessimistic view and describing it as producing benefits such as the division of property, industry, trade and European civilisation.

Iron law of wages

David Ricardo
David Ricardo
David Ricardo was an English political economist, often credited with systematising economics, and was one of the most influential of the classical economists, along with Thomas Malthus, Adam Smith, and John Stuart Mill. He was also a member of Parliament, businessman, financier and speculator,...

's "iron law of wages
Subsistence theory of wages
The iron law of wages is a proposed law of economics that asserts that real wages always tend, in the long run, toward the minimum wage necessary to sustain the life of the worker. The theory was first named by Ferdinand Lassalle in the mid-nineteenth century...

" held that aid given to poor workers under the old Poor Law had the effect of undermining the wages of other workers, so that the Roundsman System
Roundsman System
The Roundsman System , in the Elizabethan Poor Law , was a plan by which a parish paid the occupiers of property to employ the applicants for relief at a rate of wages fixed by the parish...

 and Speenhamland system led employers to reduce wages, and needed reform to help workers who were not getting such aid.

Utilitarianism

Edwin Chadwick
Edwin Chadwick
Sir Edwin Chadwick KCB was an English social reformer, noted for his work to reform the Poor Laws and improve sanitary conditions and public health...

, a major contributor to the Commissions report, developed Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...

’s theory of utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...

, the idea that the success of something could be measured by whether it secured the greatest happiness for the greatest number of people. This idea of utilitarianism underpinned the Poor Law Amendment Act. Chadwick believed that a central authority was needed to maintain standards and that the poor rate would reach its 'correct' level when the workhouse was seen as a deterrent and fewer people claimed relief. Bentham believed that "the greatest good for the greatest number" could only be achieved when wages found their true levels in a free-market system. Ironically the Poor Law Amendment Act meant greater state intervention.

Bentham's argument that people chose pleasant options and would not do what was unpleasant provided a rationale for making relief unpleasant so that people would not claim it, "stigmatising" relief so that it became "an object of wholesome horror".

Terms of the Poor Law Amendment Act

  • The Bill established a Poor Law Commission
    Poor Law Commission
    The Poor Law Commission was a body established to administrate poor relief after the passing of the Poor Law Amendment Act 1834. The commission was made up of three commissioners who became known as "The Bashaws of Somerset House", their secretary and nine clerks or assistant commissioners...

     to oversee the national operation of the system. This included the forming together of small parishes into Poor Law Unions and the building of workhouses in each union for the giving of poor relief.

  • The Amendment Act did not ban all forms of outdoor relief
    Outdoor relief
    This article refers to Britain's welfare provision after the 1601 Poor Law. For welfare programmes see Social securityAfter the passing of the Elizabethan Poor Law , outdoor relief was that kind of poor relief where assistance was in the form of money, food, clothing or goods, given to alleviate...

    . Not until the 1840s would the only method of relief be for the poor to enter a workhouse
    Workhouse
    In England and Wales a workhouse, colloquially known as a spike, was a place where those unable to support themselves were offered accommodation and employment...

    . The workhouses were to be made little more than prisons and families were normally separated upon entry. Outdoor relief was "discouraged" but not abolished.

  • The Act called for parishes to be put into Poor Law Unions so that relief could be provided more easily. Each union was to establish a workhouse which met the principle of less eligibility
    Less eligibility
    Less eligibility was a condition of the Poor Law Amendment Act 1834. It was intended to make workhouses a deterrent . It stated that working conditions in the workhouse had to be worse than the worst job possible outside the workhouse...

    .

  • There were a number of provisions that aimed at stopping previous discrimination against non-conformists and Roman Catholics.

Implementation

The programme of reform was not laid down by Parliament. Commissioners were to interpret and implement the law. When the new Amendment was applied to the industrial North of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 (an area the law had never considered during reviews), the system failed catastrophically as many found themselves temporarily unemployed, due to recessions or a fall in stock demands, so called 'cyclical unemployment' and were reluctant to enter a Workhouse, despite it being the only method of gaining aid.

Poor Law Commission

The central body set up to administer the new system for the Poor Law Commission
Poor Law Commission
The Poor Law Commission was a body established to administrate poor relief after the passing of the Poor Law Amendment Act 1834. The commission was made up of three commissioners who became known as "The Bashaws of Somerset House", their secretary and nine clerks or assistant commissioners...

. The Commission worked in Somerset House
Somerset House
Somerset House is a large building situated on the south side of the Strand in central London, England, overlooking the River Thames, just east of Waterloo Bridge. The central block of the Neoclassical building, the outstanding project of the architect Sir William Chambers, dates from 1776–96. It...

 and was initially made up of:
  • Thomas Frankland Lewis – former Tory MP
  • George Nicholls
    George Nicholls (British Commissioner)
    George Nicholls was a British Poor Law Commissioner after the passing of the Poor Law Amendment Act. He had been an Overseer of the Poor under the old system of poor relief.-References:...

     – Overseer of the old system
  • John George Shaw Lefevre
    John George Shaw Lefevre
    Sir John George Shaw-Lefevre KCB , was a British barrister, Whig politician and civil servant.Shaw-Lefevre was the son of Charles Shaw-Lefevre by his wife Helen, daughter of John Lefevre. Charles Shaw-Lefevre, 1st Viscount Eversley, was his elder brother...

     – A lawyer
  • Edwin Chadwick
    Edwin Chadwick
    Sir Edwin Chadwick KCB was an English social reformer, noted for his work to reform the Poor Laws and improve sanitary conditions and public health...

    , a writer of the Commission's Poor Law report was only made a Secretary – a decision which made him bitterly disappointed.


The grouped were referred to as The Barshaws of Somerset House.

Powers of the Poor Law Commission

The Poor Law Commission was independent of Parliament which made it powerless against criticisms from Parliament itself. Although the Poor Law Commission could issue directives the Poor Law Commission had no real powers to make reluctant parishes implement its directives. However the Poor Law Commission did have powers to veto workhouse appointments, set dietaries, and centralise accounting procedures

Putting Parishes into Unions

The Poor Law Commission had to put parishes into unions as these were to be the administrative unit for the registration of births, marriages and deaths which was to be introduced in 1837. The Assistant Commissioners were in charge of persuading parishes across the country to join up into these unions, because the Commission had no power to force parishes to comply.

Gilbert's Act

One problem with the Poor Law Commission encountered was that many parishes had already grouped together under the Relief of the Poor Act 1782
Relief of the Poor Act 1782
The Relief of the Poor Act 1782 , also known as Gilbert's Act, was a British poor relief law proposed by Thomas Gilbert which aimed to organise poor relief on a county basis, counties being organised into parishes which could set up workhouses between them. However, these workhouses were intended...

 (Gilbert's Act). Many parishes refused to break up these amalgamations.

Select vestries

Another issue was that some parishes had set up their own select vestries
Select Vestries Bill
A bill for the better regulating of Select Vestries, usually referred to as the Select Vestries Bill, is customarily the first bill introduced and debated in the United Kingdom's House of Lords at the start of each session of Parliament...

 under the Sturges-Bourne Act (Poor Relief Act 1819). These were committees which were responsible for Poor Law administration which could employ assistant commissioners. The Act was passed in an attempt to rid the Poor Law relief system of corruption. Some parishes were still using the terms of older Acts rather than the Poor Law Amendment Act 1834.

Workhouses

The Poor Law Commission had no powers to insist that unions built new workhouses although they could force improvements to be made to existing ones. A Board of Guardians
Board of Guardians
Boards of guardians were ad hoc authorities that administered Poor Law in the United Kingdom from 1835 to 1930.-England and Wales:The boards were created by the Poor Law Amendment Act 1834, replacing the parish Overseers of the Poor established under the old poor law, following the recommendations...

 could delay the implementation of the Poor Law Amendment Act through negotiation. Despite the fact that the Act was passed in 1834 most workhouses were built in the 1850s and 1860s, and until then the "workhouse test
Workhouse test
The workhouse test was a condition of the British Poor Law Amendment Act 1834. It stated that anyone who wanted to get poor relief must enter a workhouse. The condition was never implemented and outdoor relief continued to be given. The "workhouse test" should not be confused with the Workhouse...

" did not operate.

In the West Riding, where there had been opposition to the Act, a workhouse was built to discourage the "mobile poor" from claiming relief  especially the Irish, who had come to Britain in huge numbers during the Irish Potato Famine.

Problems with the Poor Law Amendment Act

After 1834 Poor Law policy aimed to:
  • Transfer unemployed rural workers to urban areas where there was work
  • Protect urban rate payers from paying too much.


It was impossible to meet both as the principle of less eligibility
Less eligibility
Less eligibility was a condition of the Poor Law Amendment Act 1834. It was intended to make workhouses a deterrent . It stated that working conditions in the workhouse had to be worse than the worst job possible outside the workhouse...

 made people search for work in towns and cities. Workhouses were built and paupers transferred to these urban areas. However, the Settlement Laws were used to protect rate payers from paying too much. Workhouse construction and the amalgamation of unions was slow. Outdoor relief did continue after the PLAA.

The board issued further edicts on outdoor relief
Outdoor relief
This article refers to Britain's welfare provision after the 1601 Poor Law. For welfare programmes see Social securityAfter the passing of the Elizabethan Poor Law , outdoor relief was that kind of poor relief where assistance was in the form of money, food, clothing or goods, given to alleviate...

:
  • Outdoor Labour Test Order
    Outdoor Labour Test Order
    The Outdoor Labour Test Order was a piece of policy issued by the Poor Law Commission on 13 April 1842 which allowed the use of outdoor relief to the able-bodied poor. The order was issued after there was some opposition to the Commission's previous order stating that only indoor relief should be...

  • Outdoor Relief Prohibitory Order
    Outdoor Relief Prohibitory Order
    The Outdoor Relief Prohibitory Order was an Order from the Poor Law Commission issued on 21 December 1844 which aimed to finally end the distribution of outdoor relief to the able-bodied poor.-External links:*...



The implementation of the act proved impossible particularly in the industrial north which suffered from cyclical unemployment. The cost of implementing Settlement Laws in operation since the 17th century was also costly and therefore was not implemented fully – it often proved too costly to enforce the removal of paupers. The Commission could issue directives, however these were often not implemented fully and in some cases ignored this was to save on expenses (Darwin Leadbitter 1782–1840 was in charge of the commissions finances).

The PLAA was implemented differently and unevenly across England and Wales. One of the criticisms of the 1601 Poor Law was its varied implementation. The law was also interpreted differently in different parishes as each parish had different levels of poverty and different parishes had developed more than others leading to an uneven system. Local Boards of Guardians also interpreted acts of law to suit the interests of their own parishes, resulting in an even greater degree of local variation.

Opposition to the Poor Law

Fierce hostility and organised opposition from workers, politicians and religious leaders eventually led to the Amendment Act being amended, removing the very harsh measures of the Workhouses to a certain degree. The Andover workhouse scandal, where conditions in the Andover
Andover, Hampshire
Andover is a town in the English county of Hampshire. The town is on the River Anton some 18.5 miles west of the town of Basingstoke, 18.5 miles north-west of the city of Winchester and 25 miles north of the city of Southampton...

 Union Workhouse were found to be inhumane and dangerous, prompted a government review.

Oliver Twist
Oliver Twist
Oliver Twist; or, The Parish Boy's Progress is the second novel by English author Charles Dickens, published by Richard Bentley in 1838. The story is about an orphan Oliver Twist, who endures a miserable existence in a workhouse and then is placed with an undertaker. He escapes and travels to...

was written in retaliation against the Poor Law.

In the North of England particularly, there was fierce resistance since the system there was considered by local people to be running smoothly. They argued that the nature of cyclical unemployment meant that any new workhouse built would be empty for most of the year and thus a waste of money. However, the unlikely union between property owners and paupers did not last and opposition, though fierce, eventually petered out. In some cases, this was further accelerated by the fact that protests very successfully undermined parts of the Amendment Act and became obsolete.

External links


thepoorlaw.bandcamp.com
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