PAYMENT OF SCHOOL FEES OF NON-PAUPER CHILDREN.

ORDER OF LOCAL GOVERNMENT BOARD AS TO PROCEEDINGS OF GUARDIANS AND THEIR OFFICERS AS TO SCHOOL FEES OF NON-PAUPER CHILDREN.

TO THE GUARDIANS OF THE Poor of the several UnIONS NAMED IN THE SCHEDULE B. TO THIS ORDER ;

And to all others whom it may concern.

Whereas by Section 34 of the Elementary Education Act, 1876, it is enacted as follows:

"All enactments relating to Guardians and their officers and expenses, and to relief given by Guardians, shall, subject to the express provisions of this Act, apply as if the Guardians including the school attendance committee appointed by them and their officers acting under this Act, and expenses incurred, and money paid for school fees, and relief given under this Act, were respectively acting, incurred, and paid, and given as relief, under the Acts relating to the relief of the poor, and the Local Government Board may make rules, orders, and regulations accordingly;"

And whereas by Section 10 and Section 35 of the said Act, it is enacted as follows:

"The parent, not being a pauper, of any child, who is unable by reason of poverty to pay the ordinary fee for such child at a public elementary school, or any part of such fee, may apply to the Guardians having jurisdiction in the parish in which he resides; and it shall be the duty of such Guardians, if satisfied of such inability, to pay the said fee, not exceeding threepence a week, or such part thereof as he is, in the opinion of the Guardians, so unable to pay;"

Money given under this Act for the payment of school fees for any child of a parent who is not a pauper, and is resident in any parish, shall be charged by the Guardians having jurisdiction in such parish to that parish with other parochial charges."

And whereas it is expedient that regulations should be made

under the above-cited enactments, so far as respects Guardians of the Poor and their officers :

Now therefore, we, the Local Government Board, in pursuance of the powers given by the several Statutes in that behalf, hereby Order as follows, with respect to each of the Unions named in the Schedule B. to this Order ::

ARTICLE I.-The Guardians may, with the approval of the Local Government Board, appoint a person or persons or one or more of their officers, as Inquiry Officer or Officers, to discharge the duties hereinafter prescribed with reference to applications by parents, not being paupers, for payment of School Fees. (1)

Provided that no person shall be so appointed who has not reached the age of twenty-one years.

ARTICLE II.-Every such appointment shall be made by a majority of the Guardians voting on the question. (2)

Provided that no appointment shall be made unless a notice that the question of making such appointment will be brought before the Guardians has been given and entered on the minutes, at one of their two ordinary meetings next preceding the meeting at which the appointment is made, or unless an advertisement giving notice of the consideration of such appointment shall have appeared in some public paper by the direction of the Guardians

(1) As regards the effect of the Elementary Education Act, 1891, with respect to the duty of guardians as to the payment of school fees, the Local Government Board, in a circular letter to Boards of Guardians dated the 17th September, 1891, stated as follows:

The provisions of the Elementary Education Act, 1891, are chiefly of interest to the Guardians in so far as they may affect the payment by them of school fees. With regard to this, the Board direct me to point out that the Act does not repeal either sect. 10 of the Elementary Education Act, 1876, as to the payment of the school fees of children of parents who are not paupers, cr sect. 40 of the same Act relating to relief for the payment of the school fees of pauper children in certain cases where out-door relief is given. The payment of school fees under sect. 10, or the granting of further relief under sect. 40 to enable school fees not exceeding 3d. a week to be paid, must not be made or granted on condition of the child attending any public elementary school other than such as may be selected by the parent, nor refused because the child attends, or does not attend, any particular public elementary school. Although, therefore, where a child attends a free school, or is not required to pay a fee at any fee-charging school which he attends, the duty of the Guardians under these sections will cease with respect to him, their duty will remain the same as before the passing of the new Act, with respect to any child who can only attend the school on payment of a fee."

It is not therefore to be assumed that the passing of the Act referred to renders unnecessary the appointment of any inquiry officer. The necessity for the continued employment of such an officer will depend upon the facts as regards the public elementary schools in the district being open for the admission of children without payment of any fee.

(2) The 4 & 5 Wm. 4, c. 76, by sec. 38, provides that no act of any meeting of guardians shall be valid unless three members are present and concur therein. Consequently if only three guardians are present at the meeting at which the appointment is made, there cannot be a valid appointment unless the guardians are unanimous.

at least seven days before the day on which such appointment is made: Provided also, that no such notice or advertisement shall be necessary for the appointment of an assistant or temporary substitute. (1)

ARTICLE III.-The Guardians shall pay the Inquiry Officer or Officers so appointed such remuneration, by annual salary or otherwise, as may be approved by the Local Government Board, and such remuneration shall be paid quarterly at the several quarters ending at the usual Feast Days in the year, namely, Lady Day, Midsummer Day, Michaelmas Day, and Christmas Day; (2) and if it be by annual salary it shall be considered as accruing from day to day, and be apportionable in respect of time accordingly, in pursuance of the provisions of "The Apportionment Act, 1870."

ARTICLE IV. Every person appointed under this Order shall hold office until he shall die, or resign, or be removed by the Local Government Board, or by the Guardians with the assent of that Board, or be proved to be insane by evidence which that Board shall deem sufficient; and the Guardians shall give notice to the Local Government Board of every such death or resignation, and state the cause of such resignation, so far as it may be known to them. (3)

ARTICLE V.—If any officer appointed under this Order be at any time prevented by sickness or accident, or other sufficient reason, from performing his duties, the Guardians may appoint a fit person to act as his temporary substitute, and may pay him a reasonable compensation for his services; and every such appointment shall be reported to the Local Government Board as soon as the same shall have been made.

ARTICLE VI.—The following shall be the duties of the Inquiry Officer:

No. 1. To attend all such meetings of the Guardians as they shall by any general or special directions require him to attend.

No. 2. To receive all applications for payment of School Fees made to him by parents, (4) not being paupers, residing within the District for which he is appointed to act, and forthwith to examine into the circumstances of every case by visiting the house of the applicant, and by making all necessary inquiries as regards the means of the applicant, and the other particulars required to be set forth in the Form No. 1 in the Schedule A. to this Order.

(1) See Art. 5 as to the provisions with regard to the appointment of a temporary substitute.

(2) By an order dated 7th October, 1879 (see p. 634), the guardians are empowered to pay the salary monthly.

(3) See subsequent order of Local Government Board, dated 4th June, 1877, as to appointments for limited periods, p. 632.

(4) For definition of the term "parent," see Art. 14.

No. 3. In cases where such applications are made to the Guardians directly, to make a similar examination and inquiry, so far as he may be required by them to do so. No. 4. To enter the particulars of each case in a Book, to be termed the "School Fees Application and Report Book," and to be kept in the Form No. I set forth in the Schedule A. to this Order, and to lay such Book before the Guardians at their ordinary meetings, and at any other meetings which he may be required to attend.

No. 5. To make such further inquiry into the several cases, from time to time, as the Guardians by any general or special directions may require him to make.

No. 6. To perform the duties prescribed by Art. X. of this Order, when the School Fees are required by the Guardians to be paid by him, and to observe and execute all lawful orders and directions of the Guardians applicable to his office.

ARTICLE VII.-The Guardians shall, at their ordinary meetings, on receiving such applications as aforesaid, whether directly or through the Inquiry Officer, give the necessary directions thereon, and where any application is granted, shall also give directions as to the amount of the School Fee to be paid and the time for which the payment is to be made. They shall also from time to time, as may be necessary, take into consideration the question of the continuance of any such payment ordered by them, and give directions thereon. (1)

Provided that the Guardians may, if they think fit, adjourn to

(1) By an order dated the 5th September, 1877 (see Appendix, p. 636), the Local Government Board have empowered the guardians of certain unions in which there are relief committees to authorise such committees to deal with all applications for payment of school fees on account of parents not being paupers residing or being in the district assigned to the committee; and the order provides that the committee shall thereupon hear and determine all such applications, and give all directions respecting the continuance of the payment of the fees in such manner as the guardians acting as a board are authorised to do. The order prescribes certain Regulations which are to take effect when relief committees act under the power given by the order.

A further order, dated the 5th September, 1877 (see Appendix, p. 640), has been issued by the Local Government Board to certain unions in which district relief committees are appointed, empowering the guardians to authorise the district relief committees "to receive all applications for payment of school fees on account of parents not being paupers, residing or being in the district for which the committee is appointed, and to examine into the same and report to the guardians thereon." This order also prescribes Regulations which are to apply when district relief committees act under these powers.

An order of 9th January, 1878 (see Appendix, p. 645), issued by the Local Government Board, empowers the guardians in every case in which they decide to pay the school fee or any part thereof, to declare the money so paid to be given by way of loan. Where the money paid in respect of such fee is so given by way of loan, it is to be recoverable in accordance with the provisions of the Poor Law Acts applicable to other relief given on loan.

any particular time or place for the more convenient hearing of such applications and deciding thereon.

ARTICLE VIII.-The proceedings of the Guardians under this Order shall be entered on their Minutes, and the Order made by them with respect to each application for payment of School Fees shall be entered by their Clerk or by the Presiding Chairman in the said School Fees Application and Report Book, and also in a Book to be termed the "School Fees Order Book," and to be kept in the Form No. 2 set forth in the said Schedule A.

ARTICLE IX.-The fees ordered to be paid as aforesaid shall be paid by the Guardians, through the Inquiry Officer or otherwise, (1) at such quarterly or other periods as may be agreed upon between them and the School Board or School Managers, subject to any deduction which may be required to be made in respect of the non-attendance at School of any child.

ARTICLE X.-If the Guardians pay the School Fees through the Inquiry Officer, he shall duly and punctually make such payments to the School Board or School Managers, in accordance with the directions given to him by the Guardians.

The Inquiry Officer shall in such case keep an Account in the Form No. 3 in the Schedule A. to this Order, to be termed the "School Fees Receipt and Payment Account," in which shall be entered all moneys received and paid by him on account of the Guardians, under their proper dates. He shall balance this Account once every month, or oftener if required by the Guardians to do so, and shall submit it, with the proper vouchers, to the Clerk to the Guardians for examination at such periods as they may appoint. (2)

ARTICLE XI.-On the School Fees Receipt and Payment Account being submitted to the Clerk as aforesaid, the Clerk shall compare the entries of payments therein with the vouchers, and ascertain that the Inquiry Officer has debited the Account with all sums received by him, and produces proper vouchers for all payments made by him. The Clerk shall insert his initials at the foot of the Account, and report to the Guardians at their next meeting the result of his examination.

(1) In certain unions_pay clerks have been appointed to distribute the relief to the poor, and the Local Government Board, by an order dated the 5th September, 1877 (see Appendix, p. 642), have empowered the guardians with the consent of the board to require the person for the time being holding the office of pay clerk to pay the school fees ordered by them, either as regards the whole of the union or the part of the union for which he is appointed to act as pay clerk, according as the case may be. The order also contains provisions as to the remuneration and the duties of the officer.

The maximum school fee that can be paid is that prescribed by sec. 10 of the 39 & 40 Vict. c. 79, ante.

(2) If the guardians agree to pay the school fees by an order on the Treasurer of the union, instead of through the Inquiry Officer, the necessity for keeping the School Fees Receipt and Payment Account will be avoided.