ARTICLE DEFENDING THE GOVERNMENT?S POSITION ON SMACKING

By Rt Hon Beverley Hughes MP Minister for Children, Young People and Families

Some colleagues and children?s organisations are arguing that children ?enjoy less protection than prisoners? because parents are allowed to smack their children and that any form of physical punishment, such as a mild smack, is tantamount to an act of violence.

Not only is this not true ? as I will explain below ? it fails to acknowledge the real problems for families, including children, that a ban on smacking would entail. Let me be clear: we do not encourage or condone smacking and we do not believe that it is the best means of controlling children?s behaviour. But neither do we support a ban which would make smacking a crime. If we put a ban on smacking into legislation it would mean in practice that a mother who gives her child a mild smack on the hand when they refuse to put back sweets picked up at the supermarket checkout could end up facing criminal charges.

When we reviewed this issue, as recently as last year, and surveyed parents, we found that while fewer and fewer of them are using smacking as a form of discipline, the majority said they wouldn?t support a ban. This reflects the common-sense view that while smacking isn?t a good thing, it should not be a crime.

That is why we do not accept any amendment to ban smacking tabled to the Children and Young Persons Bill now going through Parliament.

We are 100% committed to giving children the protection they need. We have already tightened the law to give children greater protection against assault in the Children Act of 2004, which removed the defence of ?reasonable punishment? to any charge of assault occasioning actual bodily harm or worse. Around the same time the bar for a charge of Actual Bodily Harm against a child was lowered because of their extra vulnerability.

This means that parents and carers who cause injuries to their child such as grazes, scratches, abrasions, bruising, swellings and superficial cuts risk being charged with actual bodily harm, which carries a maximum of five years imprisonment. An injury which would lead to a charge of common assault where the victim was an adult, would in most circumstances, if the victim was a child, be charged as actual bodily harm or higher.

Both the Crown Prosecution Service and the Association of Chief Police Officers have said that the law gives them the necessary discretion and power to act in the best interests of the child and the public interest.

But when it comes to smacking, our approach is to provide parents with positive support and guidance to help them manage their children?s behaviour more effectively in other ways. That is why we are helping parents access positive parenting courses so they don?t resort to physical punishment; why we have established now nearly 3000 children?s centres where parents can get the support and advice they need; why we have promoted and funded parent support programmes in schools, voluntary organisations and local authorities; why every local authority now has a Parents Champion to promote services and advice to parents and why we have funded the development of more helpline and online advice services to parents.

It is this sort of approach - that works with parents and not against them - that is at the heart of our approach to improving outcomes for children. What the vast majority of parents need is not a change in the law but support and advice so that they can do their very best for their children. In the end, we will only achieve our shared ambitions for children if we bring parents with us.

Editor's Notes
This press notice relates to 'England'
None

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