Thursday, 28 Nov 2024

Smacking children banned in Wales – how child punishment laws compare across UK

GMB: Susanna Reid clashes with guest over child smacking

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Announcing the change this week, the Welshvv government said it was a “historic moment” for children’s rights in Wales. Critics opposing the law, which would criminalise those caught smacking their children, claim it could create a “Stasi” culture. They likely number amongst the minority, however, with research showing that cracking down on child smacking is gathering popularity.

What are child smacking laws in Scotland?

With its new law, Wales becomes the second British home nation to adopt a hard-line stance slapping stance.

The Drakeford government follows in the footsteps of Nicola Sturgeon, who trail-blazed the law for the UK in 2020.

Scottish ministers voted through the changes to remove “justifiable assault” on November 7 that year.

Maree Todd, the children’s minister, branded it an “outdated defence”.

She added: “It can never be reasonable to strike a child.”

Previous practice in the country would look at the situation and beating severity, with laws designed to prevent abuse.

What are child smacking laws in England?

The Welsh government received praise for its progressive move, with laws technically permitting adults smacking their children elsewhere.

With Wales having followed Scotland, England remains one of the only home nations with an operating “reasonable punishment” defence.

The defence has changed since its 19th-century introduction, however.

In 2004, the Children Act limited the defence, meaning it wouldn’t apply in child offence cases.

These would include charges such as causing actual bodily harm or child cruelty.

Campaigners hope England will eventually follow its neighbours to the north and west.

What are child smacking laws in Northern Ireland?

As with England, laws in Northern Ireland will prevent adults from abusing their children.

Only “reasonable punishment” is allowed, which, like England, will see courts consider the child’s age and force of the slap.

Carers and teachers cannot employ this defence, and anyone who tries will face prosecution.

While smacking is technically legal in both nations, it is often not socially acceptable.

Laws have also defined when smacking goes too far in each.

When does smacking a child break the law?

Although it is legal in England and Northern Ireland, current laws work to dissuade causing as much harm as possible.

Smacking goes too far when it causes one or more of the following effects:

  • Swelling
  • Bruises
  • Cuts or grazes
  • Red skin
  • Abrasions
  • Scratches
  • Black eyes

Campaign groups hope to outlaw all instances of smacking to end what they believe is an old-fashioned and harmful practice.

After Scotland banned the practice, children’s charity Barnardo’s Scotland said providing children with total protection against assault would benefit society.

A spokesman said at the time it would “send a clear message to all of us about how we treat each other as human beings”.

Research has found smacking does little to shape behaviour, regardless of intensity.

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