The Children’s Magistrate and the Child Guidance Clinic
- Author:
JOHN A. F. WATSON
Chairman of the Southwark Juvenile Court and author of The Child and the Magistrate Somewhere in the Home Office is a photograph of two little brothers, aged eleven and thirteen.
From head to foot they are garbed in the convict dress of the period?forage cap, tightly buttoned tunic, long trousers, the whole defaced with broad arrows. The background is a high stone wall, for they were serving a sentence of hard labour in Portsmouth prison. Their offence was damaging a door by throwing lumps of mortar at it. The date of the photograph was 1899.
It is not a pleasant picture. But it serves as a grim reminder of how recently we accepted and applied the doctrine of retributive punishment, even in the case of erring children not yet old enough to leave the schoolroom. It is also worth remem- bering that it was not until ten years later?in 1909? that Parliament took away from the courts the power of committing boys and girls under the age of fourteen to the common gaol.
More than forty years have passed since that photograph was taken, and at a time when we have good reason to deplore so many mistakes we can at least take comfort that amongst those things in which we have made some progress is the treatment of the young offender. For the portrait of those two small boys provides a striking contrast with the injunction contained in what is, I think, unquestion- ably the most important Section of the Children and Young Persons Act, 1933?which Act, as some of you may remember, was heralded at the time as the ” Children’s Charter “. The whole spirit of that Act, which should pervade the proceedings in every court in this country which has to do with children, is enshrined in Section 44:
“Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection or as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.” I can think of no more fitting text for any address upon the work of juvenile courts or upon the treatment of the wayward child.
The times have changed, and with them have changed our ideas on the treatment of the young offender. Some people think they have changed too fast. Others think they have not changed fast enough. And certainly there can be few subjects upon which there is a greater divergence of opinion than as to what is the root cause of juvenile delinquency, which in wartime unfortunately? but not, I think, unnaturally?has increased ? the neglect of the parents ? the laziness of the school teachers ? the sensationalism of the cinema ? The lack of religious training ? the weakness and sentimentality of the juvenile courts ? It is just as well, I think that all of these things should be blamed, for in all of them there is room for improve- ment.
Moreover, this seeking after cause is surely all to the good, for it reflects the trend of public opinion* or perhaps I should say of public realization, that what in fact we have to deal with?the all-important thing?is not the conduct of the child, but the cause of it. No normal child is born a criminal. But so far as the normal child is concerned I think that to-day almost everyone would agree that his behaviour?nay, more, his character?depends almost entirely on his surroundings and upbringing- What stronger proof of this could one want than the increase in juvenile delinquency since the war began. As you know, the papers recently have been full of letters and articles debating what we shall do about it. I myself have had my share of private correspondence from people who have written to me expressing their ” horror at this hideous menace to our country ” and a great many other things besides; letters in which I am asked to help to persuade the Government to raise the birching age ; even letters inviting me to travel long distances in order to make a personal inspection of broken windows and denuded apple trees.
1 am afraid that I have not answered all these letters because I am not disposed to panic. This increase in juvenile crime is serious?of course it is serious?but I think people who talk about it as a ” hideous menace ” and would have us raise the birching age talk a great deal of nonsense. This is no time to turn about and retrace our steps towards Portsmouth gaol. I regard the increase in juvenile delinquency as something which is un- fortunate but only to be expected, for it is a by* product of war. Exactly the same thing happened An Address to the Magistrates of East Sussex, East Grinstead, November 19th, 1942. during the last war, and only the other day I was reading an extract from the report of a ” Committee j Investigating the Causes for the Alarming ncrease in Juvenile Delinquency in the Metropolis Which was set up in 1816 immediately after the “OlO SCI up
Napoleonic T?twiic wars. . , . How could it conceivably be otherwise . Jus think of all the new factors during the present war which have combined to put temptation in children s Way: absent fathers on active service; mothers Working in munition factories; the disruption o tamilies by evacuation; bombed homes; closed schools; the queer night life of the air raid shelter, the very atmosphere of war conditions which tends to develop in children the spirit of mischief which Jhey all possess, and which is so closely related to that spirit of adventure which is the heritage ot our race and for which at this time we have such good cause to be thankful. . f
. Personally I believe the greatest single cause 01 Juvenile delinquency is the disruption and breaking up of family life. This is a recognition of the fact tnat the two things which a child needs above all ar? and guidance. Both should come from the chiia ?Wn parents. But I would emphasise that botn ?.Ve and guidance are needed; an excess ot love Without wise guidance on the part of a demons ra lTlve, but foolish parent may be wholly destructive. 1 believe the background of a happy and united tamily iS) above au things, the most priceless endow- ment of any boy or girl. It is surely no mere co- incidence that the vast majority of the children wh hnd their way into the juvenile court come trom “roken or unhappy homes ! T
1 said ” the majority As regards the others i arh sufficiently old-fashioned to believe that the still such a thing to befound, both in the juvenile cour and outside it, as the ordinary common or garden “Eighty child; the child who comes from a per- ?ectly good home, is in no sense unhappy, and w o offence more often than not is the result some sudden temptation or excess of animal spin . : am also sufficiently old-fashioned to believe !n such cases nothing is more appropriate, no ‘ndeed more effective, than a little ordinary common ?r garden punishment?preferably at the han ?’ the child’s own parents or school teacher. Granted, but here is the difficulty. How can any court, without making full enquiry into a Clrcumstances of the child before it, ?a?e up ‘ts mind into which category he falls . W ? “e is a perfectly normal child from a good Who has unexpectedly kicked over the traces, whether he falls into that larger category where the offence is a symptom of conditions which mus all costs be remedied if there is to be any hope a aU of his growing up a decent and useful citizen . . The answer is that without making enquiry i ^possible for the court to make any such disti - hon. That is why in every case (unless, ot cou , is trivial?I am not discussing traffic onences i?otball in the street) it is necessary to maxe a thorough investigation into the child s bac gr and his home surroundings. Indeed, if I was asked to give advice to a magistrate newly appointed to the juvenile court panel I should begin by saying this : ” Never in any case other than a trifling misdemean- our make up your mind or commit yourself to any decision as to treatment until you know all there is to know?not just about the offence, but about the offender. Your duty, laid down for you by Parliament, is to have regard to the child’s welfare. How can you conceivably do this without knowing anything about him ? “
In Section 35 of the Act of 1933 there is an important proviso which lays down that in any division the justices may direct that the investigation shall be made by their probation officer. I believe this point to be of the greatest possible importance, that in every division the justices should take advantage of this proviso, which also provides a summary of the questions to be investigated?” the child’s home surroundings, school record, health and character “. During the period of a remand, or in certain circumstances before the child appears in court at all, the probation officer prepares a report covering all these points, thus providing a pen-picture of the child’s background. This report is presented to the magistrates after, never before, the child’s guilt has been established. And only when they have read the report and digested its contents are the magistrates qualified to prescribe treatment, including of course punishment, for punishment is often an effective method of treatment.
In a case where the child’s surroundings are perfectly normal, the magistrates may decide to dismiss the charge?perhaps imposing a small fine or, better still, ordering the offender to make restitution. In another, where the home control is weak, the magistrates may decide to re-enforce the parents’ supervision by placing the child on probation. In a third case, they may think it well to move an ill-disciplined child into lodgings or a hostel. In a fourth, to commit him to an approved school… .
Then you meet the fifth case; the case where, despite all the pains your probation officer has taken, you are conscious that you have not yet got to the bottom of the trouble. Perhaps the offence is peculiar or obviously attributable to some sexual motive. Or perhaps the child behaves strangely in court and appears to have what the average layman calls a ” kink “. Or he is so dull that one is led to wonder whether he is mentally defective. Or he is unhappy and antagonistic in what appears outwardly to be a happy and united home.
What then ? ? It is then that the wise and experi- enced magistrate remembers that up till now, - thorough as the enquiries may have been, they have been concerned only with the external factors ; the child’s family, his home, his friends, his work and play. Besides these there are a whole set of con- ditions which may be described as internal and which, often more powerfully than the external factors, govern the child’s behaviour. These are the conditions of physique, of intellect, of tempera- ment and of the emotions. They can be gauged neither by the school teacher nor by the probation officer. There is only one person qualified to assess them and that is the trained medical-psychologist, working in the child guidance clinic.
” Child guidance clinic “?it is a simple and descriptive title when you come to think of it and in pleasing contrast with some of the long words with which these psychologists tend to scare away ordinary people like you and me. Yet I honestly believe that the greater part of psychotherapy is merely applied common sense; but common sense in the hands of an expert at applying it.
Of course there are people who talk a great deal of nonsense about psychology. I mean the cranks who would divide us all into psychopathic groups with weird and wonderful names. These are the people who would have us believe that all criminals have kinks, that punishment is out of date, and that psychotherapy is a magic cure-all. I hold no brief for that school of thought. At the other extreme is the choleric old gentleman who condemns the whole of psychology as new-fangled humbug. From the depths of a club armchair he tells us all this pamper- ing of naughty children makes him angry. When he was a boy he was often naughty like most other boys. And when that happened he was soundly beaten, over and over and over again?as he richly deserved. Moreover, it did him a great deal of good. That’s the way he was brought up?none of this psychology” nonsense… . And having delivered himself of this he leans back in his chair, presumably to give us an opportunity of admiring the glorious result. I hold no brief for him either. But between these two extremes of thought there is a half-way house. And those of us who have personal experience of these things have learnt that a child guidance clinic is neither a temple of mysticism nor a den of black-magic. Nor is it a place where children are hypnotised or mesmerised or subjected to any other preternatural process. We have also learnt that the medical-psychologist (or, to use a more modern word, psychiatrist) is in no sense a crank. On the contrary, that he is a fully qualified doctor, who was trained just like all other doctors and later specialized in the study of the mind in much the same way as other doctors specialize in the study of the stomach.
The full team of a properly staffed child guidance clinic comprises at least three persons. First there is the psychiatrist (or medical psychologist) whom I have described. Then there is the educational psychologist, not necessarily a doctor but a university graduate with an honours degree in psychology and at least two years’ teaching experience, who has then undergone a special training in a child guidance clinic. The educational psychologist is concerned with testing the child’s mental ability, with certain forms of remedial education, and with vocational guidance. Thirdly, there is the psychiatric social worker, a woman who has been specially trained and whose work lies mainly with the family and the school- She is responsible for making enquiries from the sociological standpoint.
There are three ways in which a child guidance clinic can help the court. First, it can diagnose the mental condition of the child and tell the court in clear and non-technical language how this con- dition is related to his delinquency. Secondly, i1 can recommend treatment on purely sociological lines?a change of school, special coaching, a different kind of job, removal from home to foster- parents or to an institution. Thirdly, in suitable cases, it can provide psychotherapic treatment for the problems of children and young persons. Every child is different from other children. Every problem differs from the last. Therefore there can be no handing out of ready-made cures for lying or stealing or stammering or dirty habits?whatever may be the trouble. Every child is studied as an individual reacting to his own peculiar environment; which being so, not only the child must be considered but also his history and his background. And of course the most important feature of his back’ ground is his relationship to his own family. Poor health results in poor control of a child’s impulses, and we all of us are familiar with the peevishness and ill-temper which children?and adults, too, for that matter?often exhibit when they are out of sorts. The psychiatrist will also pay special attention to any physical defect or deformity* for in children these are matters to which conduct is sometimes closely related. A stammer or a squint which results in a child being teased at school ; a lameness which prevents a boy taking part in games; a facial disfigurement in a girl-’ all these things may have grave repercussions on a child’s behaviour, yet they are matters which the child will rarely care to discuss?even in the family circle.
So much for physical conditions in relation to behaviour. An important part of every psychiatric examination is the measuring of the child’s intelli’ gence. This is a task usually assigned to the educational psychologist and is achieved by a series of verbal and performance tests designed to gauge the level of intelligence without regard to the standard of the child’s educational attainment?which is something quite different.
One of the first things we are told in any report from a psychologist is the child’s ” intelligence quotient”, or “I.Q.” This is sometimes expressed, not as a percentage, but as ” mental age “. Thus the psychologist may tell us that although the child before us was born fifteen years ago, his intelligence is no greater than that of an average child of, say, twelve. In finding the right treatment this is a very important thing for the court to know.
Sometimes of course the child who appears to be slow-witted is in fact not lacking in intelligence at all. His backwardness is due rather to educational retardation and his delinquency is often directly the result of his failure at school in some specific subject. Take reading for example. Sometimes a hild of normal intelligence and of average aptitude n all other subjects simply cannot learn to read. I ,ave known many such children. His failure is Ue perhaps to some mental hitch which needs nravelling. But the result is a positive loathing of ?oks, arising no doubt from the fact that whenever ? attempts to read aloud in class he is laughed at. Js loathing of books leads not unnaturally to a atred of school. And this leads to constant ruancy. The flnaj resu]t is that the child, un- ‘sciplined, untaught, and with time on his hands, jj? trouble. And so he is brought before the J venile court. In wartime especially, due to the Partial breakdown of the educational system in e~ain areas, such cases are common.
th r remedy is not ^ birch. Once you know t e facts surely it is only common sense to try to ach the child to read. If you succeed you will his dislike for school and with that his tendency play truant. And by so doing the chances are t at V?u will also cure his delinquency. But who is teach the child to read ? His school teacher jj-0111?he has already failed and the child regards m as an enemy. Someone must be found?some- e insight and understanding?who will j ntly lead him to an interest in books and will help 111 conquer an aversion which has become deep- Wh” ^ ^at one t”le special j?^s f?r ten the educational psychologist in achild guidance c,1mc is trained.
b ! ^ave emphasized how material to a child’s tiaviour are his physical condition and intelligence. c e Psychiatrist will also have regard to a third i n<hti?n which is just as important?if not more ^ Portant?than the first two. That is the child’s otional make-up or ” temperament “. Tempera- ent has been defined as the sum total of all those rsonal qualities of mind which neither constitute th r ar(r Pervaded by the intelligence. Here again in s e child guidance clinic the psychiatrist employs Pecial methods of assessment. He realizes, for ample, that many so-called ” problem ” children e e children who for one reason or another are tjP^iencing emotional difficulties which manifest emselves in an imagined sense of insecurity; an tJje<rUrity of which the child’s parents, his school be ?’ ma8istrates in the juvenile court, may d entirely unaware. I should say that this con- ch’^11 Particularly prevalent amongst evacuated dren, haunted as many of them are by the secret ^~~and sometimes I am afraid not unfounded?fear at their parents no longer love them and do not Wa”t.them back.
or ff s?nse of insecurity, this urgent need for notice j” affection, may occur in children whose homes, to or me or to our most experienced probation on uS’ aPPear beyond reproach. Nothing shows . the surface. All that is apparent to the un- lj.ainecl eye is that Tom, who was always such a good tie boy, has suddenly and for no accountable , ason become a persistent little thief. No one nows quite when the change took place and it Ccurs to no one to connect it with the birth of a : baby brother a year ago, or with some other family ” event which has implanted in Tom’s head?probably : quite wrongly?that he is unwanted and unloved, i Constant punishment has no effect, for the sense of injury has not been treated. It is there festering all the time with deplorable consequences upon the child’s behaviour. Tom’s stealing is not by way of conscious revenge. On the contrary the motive is probably quite unconscious, for his offences are against all and sundry. He may not be wanted but he will be noticed: better be prominent as a thief than not prominent at all.
Please do not misunderstand me. I am not suggesting that every case of childish naughtiness is due to some deep-rooted cause of this kind. I have already declared that for the ordinary naughty child I believe nothing to be more salutary than a little ordinary punishment. But, believe me, there are quite a number of Toms, and it’s important to look out for them. So when all ordinary methods fail, whether you are a parent, or a school teacher, or?like myself?a magistrate, remember that you have a child guidance clinic at hand. Don’t be put off by those who say that to send a child to a clinic will be to increase his self-importance and make matters worse. On the contrary, having regard to his difficulties, a little individual attention may be the best way of helping him to adjust. Moreover, a similar objection might be made in the case of many children who are required to attend an orthopaedic clinic or any other place where individual treatment is given; and yet the advantages are known to outweigh the disadvantages. So send him to the clinic for a report.
What happens there ? A quiet talk between Tom and the doctor provides a clue. The parents are sent for. Indeed in every case where it is practicable they are encouraged to attend the clinic as well. They confirm, now they come to think of it, that it was about the time baby was born that the trouble with Tom began. In the friendly atmosphere of the consulting room, and to a sympathetic person who is evidently not out to attach blame, all sorts of things emerge; things which an anxious mother doesn’t mind confiding to this understanding doctor, but which wild horses would not induce her to admit to the village schoolmistress whom she will meet again at the school prizegiving ! The parents are given advice: to adopt a different attitude with Tom; not to harp on his past mis- deeds; to be more lavish in their display of affection; perhaps to entrust him with certain duties concerning the care of the baby. And Tom himself, after a few visits to the clinic for a heart to heart talk with his new friend?who has such funny puzzles in her room?is at length led to accept as trivial the happen- ing which once loomed so large. Eventually, as the result, he becomes once more a normal, happy and well-behaved small boy. Such is psychiatric treat- ment, despite its unpronouncable name. And one is left wondering whether a child guidance clinic might not be more aptly named ” a clinic for the wise guidance of parents
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