THE NEW EDUCATION ACT.
WITH all its faults, the Elementary Education Act of 1876 is the most important measure of the Session. We may go further, and say that it is the most important measure passed since the Conservatives came into office, the one by which their reign will be longest remembered, the one which will have the most far-reaching consequences as regards the nation at large. We are not now thinking of the clauses which made most noise in Parliament. The history of the Bill is not to be read in "Hansard." When the House of Commons gets upon Religion it usually takes temporary leave of its senses, and in this case the Government gave it every possible excuse for behaving itself after its wont. Twice a mine was sprung upon the Opposition; and on the second occasion all the Liberal leaders, with the single exception of Mr. Forster, lost their heads in the consequent confusion, We only slightly, larger than it was. The general impression these provisions. But this is only the same thing as saying would have been that the Government had made as few con- that Acts of Parliament will not work themselves. Like all cessions to the demands of the Conservative party as they other machinery, they depend on human agency, and where could reasonably be expected to make. Instead of this, the that agency is weak or wanting, they will fail of their purpose. Government first led the Liberals to believe that no concession at The strongest measure of compulsion that could be passed by all was to be made to the Conservatives, then they made two a Liberal Government would have to be worked by the Educa- startlingly large concessions late in the day, and finally they tion Department in the last resort, and if the Education made these concessions very much smaller under Liberal Department folded its hands and suffered its powers to lie pressure. These were just the tactics calculated to divert at- unused, nothing would come of the law. tention from the real merits of the Bill; and certainly, if this Another provision of great novelty and importance deals were the object of the Government in adopting them, they have with a class of children and with a class of parents which the completely succeeded. The common Liberal opinion about Act of 1870 has failed to reach. We shall not now express the new Act is that it is simply a starting-point for a new any opinion on the wisdom of the means chosen for this pur- agitation, that it is meant to undo the work of its pre- pose. They are undoubtedly open to grave question on other decessor, that it is a triumph of the reactionary temper in than educational grounds, but this does not affect their Education, just as the Act of 1870 was a triumph of the efficiency on educational grounds. When a child is found progressive temper. Perhaps the Government are not altogether habitually wandering, or is not under proper control, or keeps sorry that this misapprehension should have arisen. It is not company with rogues or vagabonds, and the parent satisfies well for their hold over their own party that they should be the Court that he has used all reasonable efforts to make his supposed to be too Liberal in their tendencies, and so long as child attend school, the child may be sent to a day industrial- the Liberals go on denouncing the new Education Act as a school. In this way, the cases of children who are practically masterpiece of Conservative guile it is probable that the Con- orphans by reason of their parents' neglect, and of children servatives will be content to accept this description of it. whose parents are honestly unable to see that they attend There is no doubt, however, that a day of enlightenment school, are for the first time met. There may be will come for both parties. The Education Act of 1876 may great danger lest day industrial schools should become not prove a very strong measure so long as Lord Sandon too popular, lest the establishment of them should prove is at the Education Office. That is a question which a new outlet for denominational zeal, and lest parents depends on the extent to which he is able to make his should learn to prefer them to ordinary day schools and colleagues sacrifice party considerations to the interests of encourage their children to qualify themselves for admis- education. But in the hands of an energetic Liberal sion to them. But notwithstanding all this, the attempt Minister it will prove a very strong measure indeed, to deal with children whom such School Boards as those of Those who have not carefully followed the changes which it London and Liverpool have declared themselves unable to underwent in Committee have little idea what large powers it cope with, and with parents whom police-magistrates have places in the hands of the Education Department, or how again and again commiserated even in the act of punishing searching and stringent the application of these powers may them, marks a real and momentous advance towards universal become. Let us try to imagine how the Act would work under education. Putting religious questions aside, we believe that a Minister determined to make the most of it. In the first the lines of our future educational legislation will be those of place, he will find himself armed with a declaration and a the Act of 1876. Some of its provisions will doubtless be prohibition. The declaration sets out for the first time the superseded by better, others may be found to be unworkable, but duty of every parent to cause his children to receive efficient its general scope and purport will be maintained and reproduced. elementary instruction in reading, writing, and arithmetic. The To make direct and indirect compulsion supply one another's prohibition forbids for the first time the employment of children shortcomings, instead of treating them as rivals, and to invest under the age of ten years. If this declaration and prohibition the existing local authorities with the duty of enforcing school stood alone they would not amount to much. Obligations which attendance in the absence of a School Board, are substantial steps have no sanctions attached to them, are obligations only in towards the realisation of the highest educational ideal. As such name, and if a child of ten years old is not at school, he will, they will be remembered and utilised, when the unwisdom of in many cases, be better at work than at home. But when- the Government in the matter of Mr. Pell's and Lord Robert ever a parent, "habitually, and without reasonable excuse," Montagu's amendments has passed out of recollection.
neglects to provide efficient instruction for such of his children as are more than five years old, it will be the duty of the local authority to complain to a Court of summary jurisdiction, and the Court, if satisfied that the complaint is true, may order the attendance of the child at some certified efficient school. Local authorities, however, are often sluggish or obstinate, and they may be disposed to shut their eyes to very obvious acts of neglect on the part of a parent. The Act has not left this contingency unprovided for. Whenever the Education Department are satisfied that a local authority has failed to fulfil its duty under the Act, they may appoint such persona as they choose to discharge the duty of the default- ing local authority, for a specified period not exceeding two years. No conditions are prescribed as to the means by which the Education Department are to satisfy themselves that the local authority has failed to folfil its duty. They may arrive at this conclusion after public or private in- quiry, or trom the reports of their Inspectors, or from in- formation furnished to them by persons in the neighbour- hood. All that the Act stipulates is that they shall be satisfied that there is a failure of duty. Now, as it is the duty of a local authority to prosecute every parent who habitually and without reasonable excuse neglects to provide his children with efficient elementary instruction, and whenever are inclined to think that if Lord Sandon, in introducing the there are in any district. parents who have neglected to do Bill, had said that power would be taken for the Education this, and yet have not been prosecuted, there has been a failure Department, at the request of a two-thirds majority of the of duty on the part of the local authority. Consider how ratepayers, to order the dissolution of any School Board wide a field this gives to the Education Department. Wherever which possessed neither schools nor sites for schools, pro- there are children receiving no education, and local authorities vided there is and has been since 1870 a sufficient amount taking no steps to ensure that they get education, there the of school accommodation in the district ; and further, that the Department can step in, can over-ride the votes of the rate- payment of school fees on behalf of indigent parents would be payers, and can for the purpose of this Act supersede the local made compulsory on Boards of Guardians, instead of being authority by an authority appointed in London and responsible left optional with School Boards,—the minority which voted only to the Education Department. Of course, if the Educa- against the second reading would have been slightly, but tion Department are timid or careless very little may come of only slightly, larger than it was. The general impression these provisions. But this is only the same thing as saying would have been that the Government had made as few con- that Acts of Parliament will not work themselves. Like all cessions to the demands of the Conservative party as they other machinery, they depend on human agency, and where could reasonably be expected to make. Instead of this, the that agency is weak or wanting, they will fail of their purpose. Government first led the Liberals to believe that no concession at The strongest measure of compulsion that could be passed by all was to be made to the Conservatives, then they made two a Liberal Government would have to be worked by the Educa- startlingly large concessions late in the day, and finally they tion Department in the last resort, and if the Education made these concessions very much smaller under Liberal Department folded its hands and suffered its powers to lie pressure. These were just the tactics calculated to divert at- unused, nothing would come of the law. tention from the real merits of the Bill; and certainly, if this Another provision of great novelty and importance deals were the object of the Government in adopting them, they have with a class of children and with a class of parents which the completely succeeded. The common Liberal opinion about Act of 1870 has failed to reach. We shall not now express the new Act is that it is simply a starting-point for a new any opinion on the wisdom of the means chosen for this pur- agitation, that it is meant to undo the work of its pre- pose. They are undoubtedly open to grave question on other decessor, that it is a triumph of the reactionary temper in than educational grounds, but this does not affect their Education, just as the Act of 1870 was a triumph of the efficiency on educational grounds. When a child is found progressive temper. Perhaps the Government are not altogether habitually wandering, or is not under proper control, or keeps sorry that this misapprehension should have arisen. It is not company with rogues or vagabonds, and the parent satisfies well for their hold over their own party that they should be the Court that he has used all reasonable efforts to make his supposed to be too Liberal in their tendencies, and so long as child attend school, the child may be sent to a day industrial- the Liberals go on denouncing the new Education Act as a school. In this way, the cases of children who are practically masterpiece of Conservative guile it is probable that the Con- orphans by reason of their parents' neglect, and of children servatives will be content to accept this description of it. whose parents are honestly unable to see that they attend There is no doubt, however, that a day of enlightenment school, are for the first time met. There may be will come for both parties. The Education Act of 1876 may great danger lest day industrial schools should become not prove a very strong measure so long as Lord Sandon too popular, lest the establishment of them should prove is at the Education Office. That is a question which a new outlet for denominational zeal, and lest parents depends on the extent to which he is able to make his should learn to prefer them to ordinary day schools and colleagues sacrifice party considerations to the interests of encourage their children to qualify themselves for admis- education. But in the hands of an energetic Liberal sion to them. But notwithstanding all this, the attempt Minister it will prove a very strong measure indeed, to deal with children whom such School Boards as those of Those who have not carefully followed the changes which it London and Liverpool have declared themselves unable to underwent in Committee have little idea what large powers it cope with, and with parents whom police-magistrates have places in the hands of the Education Department, or how again and again commiserated even in the act of punishing searching and stringent the application of these powers may them, marks a real and momentous advance towards universal
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