End the legal loophole for physically punishing children
3 min read
The Children's Wellbeing and Schools Bill is a vital piece of legislation that will help ensure all children get the best start in life, driving the lasting change families need to truly thrive. We have no doubt that this bill can and will be a landmark moment for children’s rights.
But our experience working with vulnerable children, alongside overwhelming evidence from experts, makes it clear: we must do more to protect the welfare and rights of the child. That is why we are urging the government to support the amendment to abolish the common law defence of ‘reasonable punishment’.
Physical punishment, such as smacking and hitting, is the most common form of violence against children. Data from 2020 to 2021 found more than one in five 10-year-olds have experienced physical punishment, and the NSPCC reported a threefold increase in the number of child welfare calls mentioning physical punishment in the past couple of years.
This information often comes as a shock to people, who naturally assume that physically punishing a child is illegal. In reality, parents or guardians in England and Northern Ireland can still use the ‘reasonable punishment’ defence to justify assaulting a child in certain circumstances. Yet supporters of this loophole have never been able to define what is actually ‘reasonable’ when it comes to striking a child.
This bizarre legal inconsistency means children have fewer protections from assault than adults, despite being so vulnerable. Scotland and Wales have already abolished this outdated defence, ensuring children are legally protected from all forms of violence. England and Northern Ireland remain an outlier – not only within the UK but internationally.
A total of 65 countries have completely prohibited physical punishment of children, with another 27 committed to reforming their laws. The impact of such bans is clear: in Germany, the percentage of young people subjected to physical punishment fell from 30 per cent in 1992 to three per cent following prohibition in 2002.
Those working in child protection services say they regularly face situations where physical punishment has been used against a child. The lack of a statutory definition of ‘reasonable punishment’ creates confusion for families about the rules surrounding physical punishment, which in turn makes it harder for them to advocate for their children’s best interests. It also complicates efforts to identify and intervene in cases of child abuse. It is deeply unsettling that such ambiguity still exists when it comes to child protection.
This issue also has profound impacts on public health. We have extensive evidence of the range of harms physical punishment has on children, including the learned belief that violence against children is accepted by society.
Last year the Royal College of Paediatrics and Child Health published a report highlighting that children who experience physical punishment are significantly more likely to experience mental health problems than children who don’t, and considerably more likely to go on to experience significant harm through other forms of physical abuse.
The Royal College has been clear: current laws in England and Northern Ireland are “unjust and dangerously vague”, creating a society in which some forms of violence are acceptable, and others are not.
Public attitudes have changed significantly in recent decades. Data from the NSPCC shows 67 per cent of voting adults agree physical punishment of children is unacceptable. Our amendment is simple: children should have the same legal protections from assault as adults.
It is a view supported by experts, the public, and an increasing number of MPs from across the House. We are pleased more colleagues are recognising the impact this simple measure could have for children, and we urge others to add their support and call on the government to act.
After all, can anyone truly argue that retaining the defence of ‘reasonable punishment’ benefits children more than abolishing it? The answer is clear, and the time to act is now.
PoliticsHome Newsletters
Get the inside track on what MPs and Peers are talking about. Sign up to The House's morning email for the latest insight and reaction from Parliamentarians, policy-makers and organisations.
