Govt shuts down latest attempt to ban smacking in England

The Government has rejected the latest attempt to criminalise loving parents who lightly discipline their children.

During the House of Lords’ Committee Stage of the Children’s Wellbeing and Schools Bill, Baroness Finlay of Llandaff proposed that the Bill should “abolish the common law defence of reasonable punishment” in England.

But Education Minister Baroness Smith of Malvern reiterated that violence against children is already illegal, and said the Government will examine the impact of bans in Scotland and Wales before making a decision on the issue.

Family life

Lady Smith emphasised that it is “simply wrong” for Peers to suggest that the defence of reasonable punishment could be used in murder cases, or that smacking “led to the terrible outcomes in those cases”.

“Violence against children is not only unacceptable but illegal. The Crown Prosecution Service guidance referenced during the course of this debate is very clear that only the mildest form of physical punishment can be used to justify discipline.”

She explained: “Most parents want what is best for their children and they should be supported. It is right that we protect all children who are at risk of harm, but it is also right that we do not intervene in family life when children are safe, loved and well supported.”

Shadow Education Minister Baroness Barran MBE agreed, emphasising that Government advice is “absolutely clear that where chastisement amounts to more than a temporary reddening of the skin, or where the injury is more than transient or trifling, the defence is not available”.

‘Tragedy’

Lord Jackson of Peterborough warned that such attempts to ban smacking are an “egregious interference in family life”, which risk “criminalising good and caring parents, as well as overloading children’s services departments”.

“It would be a tragedy if major cases of abuse were missed because vital staff members were needlessly occupied with innocent parents. Those in genuine need will suffer while resources are wasted on cases where there are no real problems.”

He stated: “The law as it stands is sensible. It outlaws violence, abuse and unreasonable chastisement.”