Proposed Outlawing the Physical Punishment of Children Legislative Competence Order

Christine Chapman

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

In Field 15 (social welfare) insert:

“To outlaw the physical punishment of children” to ensure the: “protection and well being of children”.

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

The proposed Legislative Competence Order (LCO) would confer further legislative competence on the National Assembly for Wales in the field of Social Welfare (Field 15: “Protection and well being of children”)
The Welsh Assembly Government already has wide ranging responsibilities relating to the field of social welfare, particularly concerning children. The WAG, Local Authorities and statutory agencies in Wales already have a responsibility for promoting and securing the well being of children.
Wales has developed a distinct approach to the needs of children in Wales and this LCO is therefore necessary to deliver our continued commitment to their needs.
The WAG has been committed to legal reform on this issue since January 2004 and took the principled stand voting against smacking during a free vote on the issue. There is cross party support for a ban and Wales is the only country in the UK to have taken the stand that the physical punishment of children is wrong.
The UK is currently lagging behind 16 European countries that have all banned the physical punishment of children and also Israel and New Zealand. Sweden actually banned this 30 years ago. A delegation from the National Assembly including the Minister, visited Sweden to see at first hand how a country can successfully manage to use a non violent approach to bringing up children.
The UK law on the physical punishment of children contravenes the UN Convention on the Rights of the Child. Its general statement emphasises that “eliminating violent and humiliating punishment of children, through law reform and other necessary measures is an immediate and unqualified obligation” for member states which have ratified the Convention.
Current UK legislation on this is extremely confusing. Section 58 of the Children Act 2004, allows the common assault of children to be justified as “reasonable punishment”. The reality is that you can hit your child as long as you don’t leave a physical mark. What about shaking or hitting the head? This sends a dangerous message.

The evidence:

Section 58 is extremely vague and there has been much confusion over its meaning:
- All UK Children’s Commissioners are in agreement that it is wrong: “We believe that condoning smacking gets in the way of progress. It confuses parents. It inhibits child protection and undermines the promotion of positive forms of discipline.”
“Smacking” is a very misleading term suggesting a light tap administered very calmly and coolly which is not what happens in reality. Research shows:
- If children are subjected to violence at home then it can have a lasting effect. A survey carried out by Save the Children found that is can actually result in them being violent towards their peers.
- From discussions with children, they don’t agree with it and say that it doesn’t teach them anything.
- At a time when we want to discourage bullying it seems nonsensical that there are such double standards when its viewed as acceptable for adults to hit children.
- It simply does not work.
Evidence from a range of experts, parents and agencies working with children are united in the fact that the current legislation we have here in the UK is wrong and ineffective.
This is not about punishing parents but supporting them in the difficult job that they do.