Paediatricians are urging for a change in the law regarding smacking children in England and Northern Ireland, describing the current legislation as “unjust and dangerously vague.”
While Wales and Scotland have already implemented bans on any form of corporal punishment, including smacking, England and Northern Ireland still permit it under certain circumstances. The Royal College of Paediatrics and Child Health (RCPCH) highlights that this creates “grey areas” in the law, leaving room for confusion and potential harm.
According to the Child Law Advice website, smacking is considered unlawful except when it amounts to “reasonable punishment.” However, this defence is not clearly defined in the legislation, leading to ambiguity in its interpretation. Factors such as the age of the child and the nature of the smack are taken into account in determining whether it qualifies as a reasonable punishment.
The RCPCH is advocating for amendments to the Children Act 2004 in England and the Law Reform Order 2006 in Northern Ireland to eliminate the “reasonable punishment” defence. Professor Andrew Rowland, a consultant paediatrician and RCPCH officer for child protection, emphasizes that the current laws create a problematic grey area, making it challenging to address the issue effectively with families.
Joanna Barrett from the NSPCC echoes these concerns, highlighting the harmful consequences of physical punishment on children’s mental and emotional well-being. She emphasizes that hitting a child can have lasting effects and undermine their basic right to protection.
As calls for legislative change grow louder, child health experts stress the importance of ensuring the safety and well-being of children across all regions of the UK. With Wales and Scotland already taking decisive action, the spotlight now shines on England and Northern Ireland to follow suit and provide clearer legal protections for children.