Slapping of children set to become illegal from March
In what is seen as a historic moment for legal rights, all physical punishment of children will become illegal in Wales from March.
Wales is the second part of the UK to do so, after any acts of physical discipline or punishment carried out on children in Scotland was introduced in November 2020. Scotland’s ban on child smacking removed the consideration of using ‘justifiable assault’ as a legal defence.
Parents have always been lawfully entitled to discipline their children in Wales if the smack did not leave a red mark, but the legal defence of ‘reasonable punishment’ will be completely removed as the abolition of this common law defence will no longer be acceptable in Wales in relation to corporal punishment.
From 21st March 2022, all types of physical punishment of children – such as smacking, hitting, slapping or shaking – will be illegal for anyone in Wales, including visitors to the country.
Earlier this year, the Welsh Government bill was voted on at the Senedd with assembly members voting 36 to 14 in favour of the outright ban. Conservative AM Janet Saunders had criticised the decision by saying the state was stepping into the private lives of families.
Be Reasonable is a campaign by parents and supportive groups with a single goal: to discourage the Welsh Government from pursuing its pledge to outlaw reasonable chastisement of children by their parents.
Simon Calvert, a spokesman for the Be Reasonable campaign, commented: “The Welsh Government have been all over the place on smacking as they have tried to sell the policy. They repeatedly told the public the legislation would not criminalise loving parents, yet their impact assessment says the bill for the ban could top £7.8 million, including nearly a million (£964K) for extra policing. Why do you need extra policing if you are not criminalising anything? It went on to admit there were many unknown costs, including the cost to social services, the family courts, the CPS, and Children and Family Court Advisory and Support Service (Cafcass) Cymru.
“Only now, when we are just months away from implementing the ban, do they finally drop any pretence that this ban will not criminalise loving parents. They are telling the public to ring the police or social services if they see, or suspect, a parent has tapped their child on the bottom for misbehaving. Why has it taken so long for this administration to come clean?
“They are criminalising smacking by removing the reasonable chastisement defence from parents. The only thing the defence protects is parenting actions that are, by definition, reasonable. Unreasonable chastisement of any kind is already illegal. Removing the reasonable chastisement defence doesn’t criminalise beating children. That’s already against the law. It criminalises reasonable chastisement.”
Mr Calvert concluded: “We all want children to be safe and well cared for. But we need solutions that work, and which support hard-pressed parents instead of criminalising them. Even if acquitted, a parent could have their livelihood wrecked as the information will be recorded on police databases and made available to employers such as schools and hospitals, stopping them from working with children or vulnerable adults.”
County Councils are reminding parents, guardians and carers that physical punishment for children is set to become illegal in Wales.
Earlier this year, a spokesperson for Bridgend County Borough said: “A home needs to be a place of safety and security, and this change in law will help to make it so. It will prove to be a historic moment for children and their rights in Wales and will play a vital role in protecting them and giving them the best start in life.
“Research shows that not only can physically punishing a child lead to increased aggression, anti-social activity, physical injury and mental health issues, it does not improve a child’s attention, cognitive ability, social competence or overall standards of behaviour.
“It causes far more damage than good, and we want to make it absolutely clear that as well as no longer being acceptable in Wales, positive alternatives are available that have been proven to be far better for our children and their well-being.”
What is physical punishment?
There are lots of types of physical punishment. It can mean smacking, hitting, slapping and shaking. But there are other types too.
It is not possible to give a set list of what makes up physical punishment because it can be anything where a child is punished using physical force.
What does the change in law mean?
- All physical punishment will be illegal in Wales
- It will give children the same protection from assault as adults
- It will make the law clearer – easier for children, parents, professionals and the public to understand.
Will the change in law apply to everybody in Wales?
Yes, it will apply to everyone – parents or anyone who is responsible for a child while the parents are absent. And as with other laws, it will apply to visitors to Wales too.
Physical punishment is already illegal in schools, children’s homes, local authority foster care homes and childcare settings.
What happens if people physically punish a child from 21st March 2022?
Anyone who physically punishes a child:
- will be breaking the law
- risks being arrested or charged with assault
- may get a criminal record which is the same for any criminal offence.
What should I do if I see a child being physically punished or if I am concerned about a Child?
- Contact your local social services department.
- You can also call the police in an emergency or if a child is in immediate danger.
Is it legal to use physical punishment against a child now?
It’s a bit of a grey area. Hitting a child is common assault. If a parent or someone with parental responsibility for a child is charged with common assault against the child, they could try to use the defence of reasonable punishment. From 21st March 2022, this defence will no longer be available in Wales; all types of physical punishment will be illegal.
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How ridiculous. It’s illegal to hit children but a little slap that causes no reddening harms no one. Children today are already out of control due to lack of discipline… now they’ll be even worse. Labour and Plaid coalition are out of touch with reality.
Define “Slap” ! Violence to children is not discipline. If a child is subjected to corporal punishment as a means of control, then that child will grow up to think violence is acceptable. I grew up in a generation where parents and school teachers exerted their authority by hitting, caning, beating and throwing things at you. Thankfully those days are over. Well done Sennedd.