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Repo.rt on the Incidents of 23rd ~pril, 1975

re Captain Mciver and his pu~ishments of

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=~~===t===========:=====~~~ Mr. Randall. tells about the belting of-IHM -'1

. Having taken lfi M J to see Dr . Latham at R. B. H., I returned about 2 . 30 p . m. and had a J conversation with Mr . Cliff Randall, house-parent, at Alkirro.

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H.e 'told me that. he had witnesse.d IHM I ! lHM I being belted by Capt. Mciver th11t morni ng for HJ.s recentstealing of cigal'ettes .~nd : ehewing gum. Mr. Randall appeared depressed and said that he a.nd his wife

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' i had handed in their resignation two days previously mainl~ because of the punishments, i . e . the beltings, that w.ere meted .out to the boys . ···He told me that he had seen "too m{iny black and bruised backsides". :1

He toid me that Capt . Mciver t ends to belt th~ boys with their legs apart and tends to use the belt in . an upward stroking fashion . He said t .hat IHM !~as given 5 straps that. morning and that one of _the~~d him in the testicles. He said that IHM ~as "ba\.,.ling his head. off and grabbed his balls" and saJ.d my balls, you've hit me in the balls" .

Mr . Randall said that he has told the boys that when he witnesses beltings, they are -not to understand that he is approving of th~ belting but he is there so that another signature can be put in the · punishment b<;>ok .

Conversation ' with Mr. Reilly - Supervisor U.T.U.

Later that a.fternoon , I told Mr. Reilly what Mr. Randall had told me . He ~aid that appropriate action could only be taken against Capt . Mciver if \dtnesses were prepared to make signed statements about ~That they saw. I told Mr. Reilly. that .I would tell Mr. Randall what he had said.

Conversation with Mr . and Mrs . Randall ·

le7~------------~r~rjturned to Alkira for play therapy with IHM and told Mr . and Mrs . Randall what Mr. Reilly had sai a:--Rr . Randall said that before maki~g a signed statement, he would like to think about it for 24 hours, Mrs . Randall expressed the same feelings as Mr. Randall about the punishment that the boys were receiving. As she was going out, she said that she would concur ~lith any decision .that Mr . Randall might make on the subject that night .

• Randall informed me that there were some I bruises on fr0m the belting that morning . He asked ., me to leok a 0 1 which I did .

' ! At that point, it occurred to me that an 1

appr?priate course of action mi ght be to have the bruises sigtiad by a medical practitioner so that if action were to

- be taken against Capt. Mciver, at least the evidence ~f. bruising would ·.have been certified by a compet.ent autharity •.

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i As I had some doubts about the appropri~teness

of this line of action, I rang Mr . Reilly at his home. He asked me to ring back whil~ he .conferred with senior members of the Department. When I rang back, it had been a~rang~d that Mr. Geoff Smiley and Miss Jan Doyle would come to Alkira to investigate. · The Director, Mr . Clark, had been inf9rmed.

Interview with Capt . Mciver

Mr . Smiley and Miss Doyle arrived about 8 . 00p.m. I ~tas summoned by Capt . Mciver fr~m the Randall's quarters and. the int ervie~t -began .

Mr. Smiley explained to Capt. Mciver that he \~as there to investigate an alleged bruising from a belting' to one of tne boys. Capt. Mciver interrogated· me as to 'the cause of the complaint . I explained that I was not in a · position to make a complaint as I did hot witness the belting, but that I had noted that IHM f ppeared to have been bruised from a belting .

·I said that the complaint \'las from Mr . Randall. Mr . Smiley asked Capt. Mciver if Mr. Randall could be interviewed. · Capt·. Mciver refused to allow any member · from

.th~ Department to interview Mr. ~andall about the matter.

Capt. Mciver then launched several attacks, first at me, for not first discussing the matter with him, and then, ·at Mr. Smiley for creating such a fuss abou.t a minor incident . Capt. Mciver appeared highly defensive and some argumentation ensured for some time. During this argumentation, Capt . Mciver sermonised, patronised, attacked ­and even abused Mr. Smiley. Mr. Smiley handled this argumentation, in the main , in a non- provocative and rational manner. He did, however , react to one or two of Capt. Mciver's more extreme and provocative statements.

. Mr. Smiley asked to see the punishment book with Capt. Mciver produced. He read the later entries in

. the' punishment book and asked to see IHM ~ C~pt. Mciver left to get IHM ~nd ;:Ef't'Urll~ll nl.m BGme mJ.nutes later . . ! ·

Punishment to IHM \Yith Miss Doyle in an adjacent roo.m, C~t.

Mciver, :1M ni]~ek aJ myself examined the marks on HM IHM • HM removed his trousers to displa -a- o:ro . lu.r"trr~~ g ~rt igh some inches from the bottom· of the buttocks.. Trre. bruise was about 4 or 5 iches long, an inch or so "tide a.nd at a slight angle to the horizontal. He ·also ·had an almost vertical red mark at the meeting of the buttocks. He had a blue mark on his. face. a little below his left cheek · bone .

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~told his story in the presence o~ the aboveme~and then w~th Capt . ~civer absent , there Mr. SmiTey and myself present~

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He . said that he had received 5 straps with Capt. ·Mciver's webbed strap. He said Capt . Mciver had two straps. He said that the belting had hurt and that on the fifth stroke, the belt had hit him "in the balls" . He said that his testicles were not sore then, but they had been that morning . He said that during the belting a scuffle broke out in which he threw a punch at Capt. Mciver. He said that Capt. Mciver had punched him in the .face, where he was presently bruised, and . that the punch had forced him back to hit his head against the w·all. ·

After some further conversation he was .dismissed and Mr. Smiley asked to see· Capt . Mciver left and returned with him some

Punishment ~·o !;J3••13•M ocedure of inspection ·and interview .

took .place with ~removed hi~ trousers to . display a red or~hes long, an inch or so wide on the inside of his thigh, some inches from the bottom of his buttocks. The bruise was at an angle of about 60° to the horizontal. He was also marked in 'j:he centre · o·f his backside at the-meeting of the buttocks at ~ similar angle. ~3•14!-l!•M said he had received nine straps that day from apt . c ·ver. After further conversation, he also was

dismissed. ·

Continuation of Interview 1dth Capt . Mciver

Mr . Smiley told .Capt . Mciver that, in his opinion, the punishments had been severe.. Capt .· t.fciver again appeared to become highly defensive .. He said they had been reasonable and that befor~aking any judgemepts Mr. Smiley ought to consult with disciplinarians at such places as Westbrook, to understand the difficulties involved in punishment. Capt. Mciver pointed out, for example, that

.some boys bruise -more 'easily than others. Mr ~ Smiley insisted, nevertheless, that in his opinion, the pfrnishments had been · . severe .

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i Mr . Smiley asked to examine the strap which !

Capt . Mciver then produced. Capt . Mciver said he only had one i strap. }lr. Smi.l.ey said that he noted that there were discrepancies .

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between the number of straps the boys said they had received and the number recorded in the book. Further argumentation : about the natur.e of punishment ensued for some time and the 1

interview concluded.

Assessment

The Children's Services Regulations 1966, Reg. 23 .spells out in quite specific detail the occasions on which pun~shrnent may be administer.ed and the ways in 1~hich · it may be admJ.nistered . It l~sts corporal puni'shment as the last method of p.unishment for . misconduct. The Regulations · go further. .Reg . · 23(4) states categorically- . ·

"Every effort shall l;>e 'made to enforce discipline

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without the use of corporal punishment".

Furthermore, in laying down the conditions for corporal punishment, it states in Reg 23(5)(d)

"I:t· shall be administered as seldom as poss.ible and only 1qhen absolutely necessary for discipline . 11

In my opinion , 1-1hich has de~eloped from some months contact ~ri th Alkira Boys Home, I believe that, not .only have these regu.lations not been complied. with, but that , and move importantly, the spirit of these regulations has not been complied with. The above ' incidents of punishment, I believe , give ample evidence of punishments of uncalled for severity.

Punishmen:t, I . believEi, .. ought be seen within the context of the individual and ought be administered as part of a positive program for the growth of ·that individual . It must be borne in mind that many of the children at Alkira Boys Home are ofi;en severely · emotionally deprived.. Inappropriate . punishment· ean only serve· to add .to that deprivation. Hence there is the need ·for a· skillful discernment as to its . use . In my contact ~lith Alkira, I have seen i'ittie of such discernment. . ·

In my op1~on , it is of the utmost urgency that whatever .action is li.eeded, oug,ht b.e -'ta:ken to bring about a compliance not only 1-.'ith the letter .but with the spirit of · the Childr en ' s Services Regulations in this ma:tt er of punishment of the children at Alkira Boys Home •

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. Paul Hewitt,-­University Training Unit, 1st May , 1975.

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