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Government rejects call to ban smacking in England

Last modified on Thursday 13 April 2023

The government claims there are already clear laws in place to protect children against violence, and that parents should be trusted to discipline their own children

Much to the dismay of children's charities and campaigners, the government has rejected calls to ban physical punishment, such as smacking, in England, despite it already being illegal in other parts of the United Kingdom.

The government have argued that children are already protected in law, and that parents should be trusted to appropriately discipline their youngsters.

A Department for Education spokesperson said: 'The government does not condone any violence towards children and has clear laws in place to prevent it.'

When did other parts of the UK ban smacking?

Scotland became the first part of the UK to ban smacking in 2019 , when a bill was passed by 84 votes to 29, resulting in children having the same protection from assault as adults. It also meant that parents who used physical violence to discipline their children could face prosecution.

Wales then followed suit in March last year, with First Minister Mark Drakeford saying it was a 'historic' day for the country's children.

What are children's charities saying?

A recent YouGov poll of around 3,000 people, found 68% said they are against physically punishing children and 64%, around two-thirds of those polled, believe smacking should be banned in England.

The chief executive of the NSPCC, Sir Peter Wanless, said the disparity between the legal protection for adults and children where physical violence was concerned was not right:

'It cannot be right that in this country it is illegal to hit an adult, but equal protection is not given to a child,' he said. 'We need put the wellbeing of children first and bring an end to this legal anomaly.'

Meanwhile, Barnardo's, the UK's largest children's charity, called for children in England to have the same protection as those in Scotland and Wales.

Their chief executive, Lynn Perry MBE, said: 'At Barnardo's we know that eliminating physical punishment brings significant benefits to families, and our frontline workers tell us it helps to create a safe and nurturing environment for children.

'For all these reasons we support the call to make physical punishment of children illegal across the UK to ensure children in England and Northern Ireland have the same protection as those in Scotland and Wales.'

Meanwhile, Humanists UK, who successfully campaigned for the smacking ban in Wales, tweeted that 'Children are individuals in their own right and deserve dignity and respect'.

What are the rules on disciplining your children?

Currently, in England and Northern Ireland, is it legal for a parent or carer or to use physical discipline if it is deemed 'reasonable'. If it is not considered 'reasonable', it is unlawful.

The Children Act 2004 states that it is unlawful to assault a child causing actual or grievous bodily harm, or with child cruelty.

Does smacking even work?

The latest research suggests that smacking children does not improve their behaviour, but it can cause them long-term harm. We reported previously how a new scientific review , which analysed data and studies from over a 20 year period, found that under-16s who had been hit by their parents were more likely to be aggressive, anti-social, and display behavioural problems. The more frequently they were smacked, the worse their behaviour became.

Where do you stand on the smacking debate? Do you think a tap on the hand is a world away from an actual smack, and consider that as a parent you should be able to use 'reasonable discipline' with your child? Or do you think the UK needs to urgently join Scotland and Wales with an outright ban on smacking? Let us know.

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