Dame Rachel de Souza: ' No one must ever be able to think violence against a child is acceptable' (Image: PA)
Smacking a child could become a crime in England when MPs attempt to change the law this week. A cross-party bid has been launched to bring England into line with Wales and Scotland, which have already banned physical punishment of children. MPs are attempting to amend the Government’s Children’s Wellbeing and Schools Bill, which returns to the Commons this week to remove the legal defence of “reasonable punishment”.
This currently allows a parent to inflict a mild physical punishment without being accused of a crime such as assault. Supporters of change, who include children’s charities the NSPCC and Barnardo’s, say it would have no impact on the overwhelming majority of families but would make it easier for authorities to intervene when parents regularly beat their children.
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Campaigners say the current legal situation contributed to the horrific murders of 10-year-old Sara Sharif, whose father and step-mother were found guilty of murder following her death in 2023, and Dwelaniyah Robinson, whose mother was convicted of murder after he died aged three in 2022.
The Children’s Commissioner for England, Dame Rachel de Souza, has written to MPs urging them to back the proposed change to the law. But it could create a headache for the Government, which is resisting the move after critics in Wales accused the Labour-run government there of creating a “nanny state”.
The amendment, due to be debated on Monday, is backed by Labour, Conservative, Liberal Democrat and Green backbench MPs. Labour MP Jess Asato said: “This change would benefit thousands of children who we know are much more likely to suffer from mental ill-health and poor well-being due to having physical punishment.
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“We are out of kilter in the UK in England, because Scotland and Wales have introduced this, but also we are an outlier in the rest of the world given that 65 countries have outlawed physical punishment and another 27 are committed to reforming their laws.”
A similar attempt to change the law failed in 2004 but Ms Asato said attitudes in society had changed since then.
“If you look at what’s happened in Scotland and Wales, it hasn’t led to parents being treated as criminals because they stopped their child running into the road or anything like that. We are talking about parents who have a belief system that if they regularly assault or beat their child that this will in some way help them.
“There are some extreme cases, like the Sara Sharif case, where we can see from what the father said that he believed he had a right to discipline his child through the use of violence.”
MP Stella Creasy, who is also backing the amendment, said: “How can it be right that you can be protected from being hit in the face by a family member in law, but young children are not? It’s time we stood up for the safety of kids in the same way we do adults.”
Dame Rachel de Souza, the Children’s Commissioner for England, said: “I have been vocal about the pressing need to remove this defence from law since hearing the chilling words of Sara Sharif’s father during his trial, where he claimed that his actions were justified under law. No one must ever be able to think violence against a child is acceptable. That’s why I have written to MPs urging them to back this change to ensure children in England have the same legal protection from assault as those in Scotland and Wales.
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“At the moment, children are the only people who are not fully protected in law from assault and battery in England. It’s essential we reform the law, so children have the same rights and protections as adults.
“Existing evidence from Wales and more than 60 other countries shows that removing this defence from law strengthens child protection without unfairly criminalising well-meaning parents. It is time for England to follow suit and take this vital step to ensure every child is safe and protected under the law.”
The Department for Education is urging MPs to wait until the Welsh government publishes an impact assessment looking at the impact of the ban, which is expected later this year.
A Department for Education spokesperson said: “The landmark Children’s Wellbeing and Schools Bill represents the single biggest piece of child protection legislation in a generation. 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.
“While we are looking closely at the legal changes made in Wales and Scotland in relation to smacking, we have no plans to legislate at this stage.
“This government is committed, through our Plan for Change, to ensure children growing up in our country get the best start in life.”
However, children’s campaigners say the law must be changed. Lynn Perry, Chief Executive of Barnardo’s, said: “No violence against children is acceptable. And yet children continue to face less legal protection against physical assault than adults.
“At Barnardo’s, we see firsthand how vital it is for children to feel safe and nurtured by those around them, and to develop positive, healthy relationships.
“We’ve long campaigned for a change in the law to give equal protection for children from assault and continue to call for action.”
Professor Andrew Rowland, The Royal College of Paediatrics and Child Health officer for child protection, said: “The laws around physical punishment as they stand are unjust and dangerously vague.
They create a grey area in which some forms of physical punishment may be lawful, and some are not. As a paediatrician working in child protection services, I am regularly faced with situations where it is alleged that physical punishment has been used against a child.
“The vague nature of the laws makes it extremely challenging to talk to families about what the rules are around physical punishment of children, thus making it more difficult to talk about the best interests of their children. This lack of legislative clarity can even add an extra layer of complexity when trying to identify cases of child abuse.
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“Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable.”
Joanna Barrett, Associate Head of Policy at the NSPCC, said: “There is no clear definition about what is ‘reasonable’ when it comes to physically punishing a child. There are clear examples of physical punishment appearing in safeguarding practice reviews, where a child has come to harm, showing that the current lack of clarity in the law makes professionals’ assessment of risk more difficult.
“It’s crucial that MPs support an amendment to the Children’s Wellbeing and Schools Bill that would remove the defence of ‘reasonable punishment’ and make it clear that, in 2025, physical punishment should no longer be part of childhood.”