In January 1927, Miss O claimed sickness benefit from her local Approved Society. They told her she wasn’t entitled, so she took revenge on them by ‘creating a disturbance’ at their office and ‘maliciously broke the glass of the vestibule door’. Unsurprisingly, she found herself up before the local police court and was ordered to pay a fine of 21 shillings or endure ten days imprisonment. She was also expelled from the Society, thus cutting off any possibility of any further sickness benefit from them. She had been a member of the Society since the beginning of the National Health Insurance scheme in 1912.
Unfortunately I know little more about Miss O. I don’t know what her health issue was or what her usual work was. All I know is that her claim for benefit from January to June 1927 was refused and that, by September 1928, she had acquired a criminal record and her place of residence was described as the Southern General Hospital in Glasgow. The Southern General was an old poor house which, by the 1920s, was being used mainly as a long term hospital for people with ‘incurable’ psychiatric conditions. Things didn’t look too good for her. But somewhere between smashing the glass door of the Society’s office and ending up in the hospital eighteen months later, someone had advised her to appeal against the refusal of benefit and the expulsion from the Society. She appealed using the internal society appeal procedure and, when she was unsuccessful, she appealed again to the Scottish Board of Health. The referee at the Scottish Board of Health was pretty clear that the expulsion from the Society was legitimate – creating a disturbance, breaking a glass door and being convicted of breach of the peace was clearly a case of ‘personal misconduct’ and so the Society was entitled to expel her. The problem was how to decide on the date of the expulsion. This was important, because the earlier the date, the less likely there would be a need to consider the claim for sickness benefit, which was no doubt going to be more complicated. The Referee referred the case to the courts to decide on the date of expulsion. The court was pretty clear – the original decision by the Society to expel was the correct date. The decision about the sickness benefit would then have to be looked at again, but now only for a few weeks.
This case is important for several reasons. It provides yet another case of someone being effectively refused benefit because of moral behaviour – breaking glass and making a fuss in a local office is perhaps a criminal offence, but is it really a reason to refuse someone benefit, by expelling from the Society? The fact that she ended up in a psychiatric institution may or may not be evidence of earlier mental health issues which would have entitled her to benefit. One thing is clear and that is that somewhere along the line she got advice about her right to appeal, from someone who understood the law well enough to know how to work through the complicated appeal procedures.
But more importantly for this research, Miss O’s bad behaviour in her local office has provided me with the first conclusive example of an appeal case being heard by the Scottish Board of Health in the period between the two World Wars. Up until today, all the cases I have been able to find have related to England or Ireland. The procedure in Scotland was a little different and I haven’t been able to find any records before now. Miss O’s case ended up at the Court of Session, so a record was kept. There are a couple of others like hers but perhaps that is all I will find.
Today I have been working in the historical search room in the National Records of Scotland. It’s a small and friendly place, with wood-panelled walls, a balcony with shelves of old books, people working at terminals consulting digitised records and others sitting at big desks with old documents. Some are making handwritten notes. Others, like me, use laptops. One has a ‘Hogwarts’ sticker on her laptop. I hope she likes the atmosphere here, though it’s rather more welcoming than the Hogwarts library. Other than the excitement of finding old documents, there is no magic and no dragons though there is a carved wooden lion and unicorn above the door. There are no malicious wizards or scary teachers in sight, no quills but lots of parchment. Outside there is the archivists’ garden:
Perhaps a magic place after all.