This article was originally published in Local Government Lawyer.
Trainee Solicitor, Tamar Braddon, looks at calls to change the law on the physical punishment of children.
Recent NSPCC statistics show that the number of calls and emails to the helpline where physical punishment was mentioned jumped from 447 in the year to March 2023 to 1,451 in the subsequent 12 months. This has led to a call for changes to the existing law around the physical chastisement of children.
Currently, any form of physical punishment that leaves a mark on a child or young person is considered an assault and is illegal under Section 58 of the Children Act 2004. However, there is a defence available to a parent or a person acting as parent if the action is deemed to be the “reasonable punishment” of a child. In contrast, the law in Scotland and Wales deems all forms of physical punishment – whether it leaves a mark or not – as against the law.
The perception of punishment such as a smack or hit being “reasonable” will depend on the circumstances of each case, taking into consideration factors such as the age of the child and the nature of the physical punishment. Those calling for a change in the law argue that because of this potential defence, children are the only members of society not fully protected from physical assault.
Whether a physical punishment leaves a mark on a child or not, any form of physical punishment such as smacking, slapping or pushing can harm a child’s emotional and mental health causing anxiety, feelings of victimisation and a reduction in confidence. It may also cause children to act more aggressively, even leading to anti-social behaviour and criminality later in life.
By changing the law and criminalising all physical punishment of a child, the possibility of criminal sanctions might act as a deterrent, protecting more children from detrimental consequences. On the other hand, it could result in children’s social care needing to be involved with even more families. While this might protect additional children, it would also put extra strain on services that are already overwhelmed nationally. Local government could potentially help by making sure families are supported more in the community, for example, via outreach programmes that provide parenting courses and family therapy sessions, which could go some way towards helping to break the cycle.
There is some resistance to the calls for a change in this law, as some parents believe it is their right to exercise their own judgement in bringing up their child. They feel that a ban on any physical chastisement and the threat of criminal sanctions will violate their right to a private family life and hinder their ability to punish their children as they see fit.
There is also a generational argument from those who were raised in a certain way by their own parents, who do not perceive physical chastisement as an issue. Indeed, some will argue that physical punishment such as smacking or hitting provides children with boundaries and guidance. They feel that not being able to provide such boundaries could even amount to neglect.
Should “reasonable punishment” remain a defence in law or not? It will certainly be interesting to see how this resolves in the future.
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