In a significant push towards reform, the Royal College of Paediatrics and Child Health (RCPCH) is advocating for a complete ban on smacking children in England. This move aims to remove the current legal defence of "reasonable punishment" under the Children Act of 2004. The pressing call for change comes as evidence mounts against the harmful effects of physical punishment on children's health and wellbeing. Currently, 67 countries worldwide have already implemented smacking bans, with an additional 20 committed to doing so. Despite this global trend, the UK government has shown no intention of revising existing laws, maintaining that it prioritizes child protection through other means.
Smacking in England is unlawful when it results in actual or grievous bodily harm, or cruelty to a child. However, the defence of "reasonable punishment" still allows for its use under certain circumstances. This legal provision has been in place since 1860, despite growing concerns over its impact. According to research, physical punishment is linked to negative outcomes such as depression, anxiety, increased aggression, and antisocial behaviour among children. Joanna Barrett highlighted these potential consequences in her advocacy for change.
The RCPCH's call for reform aligns with an amendment proposed by Labour MP Jess Asato to the Children's Wellbeing and Schools Bill. This amendment seeks to completely outlaw smacking as a "reasonable punishment" in England, following the examples set by Scotland and Wales. Scotland made history as the first UK country to ban corporal punishment in November 2020, with Wales following suit in March 2022. Both nations now offer children full legal protection against physical assault.
In contrast, England and Northern Ireland still uphold the "reasonable punishment" defence. Lynn Perry underscores the disparity in legal protection between children and adults, stating:
"No violence against children is acceptable. And yet children continue to face less legal protection against physical assault than adults." – Lynn Perry
The RCPCH is urging lawmakers to seize this opportunity to modernize their approach to child discipline, echoing Prof Andrew Rowland's sentiment:
"Now is the time for this Victorian-era punishment to go" – Prof Andrew Rowland
Simon Calvert has voiced concerns that not all instances of smacking equate to abuse. He argues that actions such as:
"a mum tapping a tot on the back of the hand" – Simon Calvert
can be seen as minor and should not be conflated with more severe forms of physical punishment. Nevertheless, he acknowledges the government's commitment to improving child protection through other reforms:
"This government has prioritised significant reform of the children's social care system, driving better child protection and information sharing between education, health and social workers to stop vulnerable children falling through the cracks" – Simon Calvert
Despite these reforms, the government maintains its stance against changing the law concerning smacking. It emphasizes its dedication to ensuring every child has the best start in life without altering current legislation.
