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University of Southampton Research Repository Eprints Soton University of Southampton Research Repository ePrints Soton Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", University of Southampton, name of the University School or Department, PhD Thesis, pagination http://eprints.soton.ac.uk UNIVERSITY OF SOUTHAMPTON FACULTY OF LAW, ARTS & SOCIAL SCIENCES School of Social Sciences Poor Law Reform and Policy Innovation in Rural Southern England, c.1780-1850 by Samantha Anne Shave Thesis for the degree of Doctor of Philosophy June 2010 i UNIVERSITY OF SOUTHAMPTON ABSTRACT FACULTY OF LAW, ARTS & SOCIAL SCIENCES SCHOOL OF SOCIAL SCIENCES Doctor of Philosophy POOR LAW REFORM AND POLICY INNOVATION IN RURAL SOUTHERN ENGLAND, c.1780-1850 by Samantha Anne Shave Recent analysis in poor law history has uncovered the experiences of individual relief claimants and recipients, emphasising their role in the welfare process. The literature has, however, tended to draw a false dichotomy between understanding the experiences of the individual poor and understanding the administration of the poor laws. This thesis deploys a ‘policy process’ understanding of social policies, a concept developed in the social sciences, to understand the processes driving social policies under the poor laws. The thesis deploys a more holistic approach to understanding the poor laws, taking into account how those in positions of power, as well as welfare recipients, impacted upon social policies under the poor law. By applying this understanding to the literature, significant aspects of poor law history have been left under-researched. The adoption and implementation of enabling legislation in the final years of the old poor law, specifically Gilbert’s Act of 1782 and Sturges Bourne’s Act of 1819, have hitherto received little attention. Policy transfer under the old and New poor laws, an aspect that informed all stages of the policy process, has also been neglected. In addition, the ways in which welfare scandals during the early years of the New Poor Law influenced the development of social policies have not been treated to systematic analysis. This thesis tackles each of these lacunas in turn, using administrative records produced by the central welfare authorities and Parliament, and local administrative records from the rural south of England. It offers a more nuanced picture of poor law reform and policy innovation under the poor laws. Enabling legislation was adopted and dropped at different times, and it was implemented in different ways. Policy transfer was important in the administration of poor law policy throughout the period. Early welfare scandals arose in areas of policy strain and had influenced the development of national legislation. Cumulatively, the different foci demonstrate the multifarious ways in which policy was adopted, implemented and changed under the poor laws. They also highlight the importance of two groups in this process, key actors and stakeholders. Rather than viewing the experiences of relief claimants as separate to the administrative aspects of the poor laws, the ‘policy process’ approach allows us to view them as part of the same process. In turn, this offers new insights into how both relief claimants and relief administration impacted upon each other. ii You know perfectly well that the infinite heaps of things they recorded, the notes and traces that these people left behind, constitute practically nothing at all...Your craft is to conjure a social system from a nutmeg grater... (Carolyn Steedman, Dust (Manchester, 2001), p. 18) iii CONTENTS ABSTRACT..............................................................................................................ii CONTENTS……………………………………………………………………………………………....iv LIST OF TABLES……………………………………………………………………………………..vii LIST OF FIGURES…………………………………………………………………………………..vii DECLARATION OF AUTHORSHIP..................................................................ix ACKNOWLEDGEMENTS…………………………………………………………………..……..x ABREVIATIONS……………………………………………………………………………………….xi 1. INTRODUCTION................................................................................................1 1.1 THE OLD AND NEW POOR LAWS........................................................................ 2 1.2 THE PAST POLICY PROCESS................................................................................7 2. THE IMPLICATIONS OF A ‘POLICY PROCESS’ APPROACH TO UNDERSTANDING THE POOR LAWS....................................................11 2.1 RECENT POOR LAW RESEARCH.........................................................................11 2.1.1 A ‘HISTORY FROM BELOW’ APPROACH.................................................11 2.1.2 THE ‘WELFARE PROCESS’ AND AGENCY.............................................. 15 2.1.3 A ‘PREOCCUPATION’ WITH ADMINISTRATION? ..................................20 2.2 THE POLICY PROCESS..................................................................................... 23 2.2.1 POLICY-MAKING............................................................................... 26 2.2.2 POLICY IMPLEMENTATION................................................................33 2.2.3 POLICY DEVELOPMENT AND CHANGE................................................42 3. DOCUMENTS AND APPROACH: (RE)CONSTRUCTING THE POLICY PROCESS.....................................................................................47 3.1 THE LOCAL CONTEXT......................................................................................47 3.2 ARCHIVAL STRATEGY.....................................................................................58 3.3 PRODUCTION AND CONSUMPTION..................................................................68 3.3.1 LOCAL ADMINISTRATIVE RECORDS....................................................70 3.3.2 COMMISSION, PARLIAMENTARY AND GOVERNMENTAL RECORDS.........................................................................77 4. ENABLING ACTS (I) GILBERT’S ACT......................................................80 4.1 GILBERT AND THE ACT OF 1782.....................................................................80 4.2 THE ADOPTION OF THE ENABLING ACT OF 1782.............................................84 4.2.1 GILBERT’S ACT IN THE SOUTH OF ENGLAND......................................85 4.2.2 WHY WAS GILBERT’S ACT ADOPTED?............................................... 93 4.3 RELIEF PROVISION UNDER GILBERT’S ACT.................................................... 99 4.3.1 THE WORKHOUSE POPULATION.......................................................100 4.3.2 RELIEF PROVISION TO THE VULNERABLE.........................................109 4.3.3 EMPLOYING THE ‘VULNERABLE’.......................................................121 4.3.4 A SPACE SOLELY FOR THE VULNERABLE?.........................................125 4.4 CONCLUSION...............................................................................................130 iv 5. ENABLING ACTS (II) STURGES BOURNE’S ACTS.............................133 5.1 STURGES BOURNE’S COMMITTEE AND THE ACTS...........................................133 5.2 PREDATING PRACTICES.................................................................................139 5.3 THE ADOPTION OF STURGES BOURNE’S ACTS............................................... 142 5.3.1 STURGES BOURNE IN ENGLAND AND THE SOUTH OF ENGLAND...............................................................................142 5.3.2 WHY WERE STURGES BOURNE’S PROVISIONS ADOPTED?..............................................................................................150 5.4 RELIEF PROVISION UNDER STURGES BOURNE.............................................. 155 5.4.1 INSPECTING THE POOR................................................................... 157 5.4.2 ‘CHARACTER AND CONDUCT’...........................................................161 5.4.3 THE ATTACK ON OUTDOOR RELIEF..................................................165 5.4.4 RENEWED INTEREST IN WORKHOUSE POLICY................................. 175 5.5 CONCLUSION................................................................................................178 6. LOCAL KNOWLEDGE AND BEST PRACTICE......................................180 6.1 UNDER THE OLD POOR LAWS, C.1780-1834..................................................180 6.1.1 CORRESPONDENCE.........................................................................180 6.1.2 VISITS............................................................................................183 6.1.3 CONTRACTORS, THE WEALTHY AND THE STEWARD..........................187 6.1.4 PUBLICATIONS................................................................................191 6.2 UNDER THE NEW POOR LAW, C.1834-1847................................................ 200 6.2.1 BOARDS OF GUARDIANS.................................................................200 6.2.2 THE ‘EYES AND EARS OF SOMERSET HOUSE’.................................
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