The group argues that the existing law only allowed parents to use "very mild discipline" such as a smack on the hand or bottom - which could become a criminal offence in the future. A spokesman said: "In the years ahead, loving parents who have had no contact with the authorities previously and who present no risk to their children will face stressful intervention, blacklisting on police databases and even criminal records for smacking.
The majority of Scots see this as an injustice, not a positive change. They urged the government to instead invest in social work and other services to improve their ability to identify and tackle genuine abuse. Parents in England and Wales can currently face criminal charges if they hit a child so hard that it leaves a mark, or causes bruising, swelling, cuts, grazes or scratches.
However, Wales has now passed an outright ban that will remove the defence of "reasonable punishment" that has been in force since Victorian times in England and Wales. There have been calls for England to follow suit, with the Association of Educational Psychologists saying last year that smacking is harmful to children's mental health and should be banned. Northern Ireland has similar legal provisions to those in England and Wales, while Ireland banned smacking in Scotland becomes first UK country to ban smacking.
Wales to bring in smacking ban after assembly vote. Backers of the bill rallied outside Holyrood on the morning of the vote. Scotland becomes first UK country to ban smacking Wales to bring in smacking ban after assembly vote. What was the law on physical punishment of children? Image source, Getty Images. Opponents of the ban say mild smacking does no long-term harm to a child. How will this change?
It is right that as a Government, we take action to protect children and support parents to use positive and effective alternatives to physical punishment. Generally, arguments for light smacks are made on the basis that "mum knows best", it's a deterrent for more serious disobedience and biting, and that it never did the parent any harm. Those against smacking think it's an out-dated practice, which is now banned in many other countries.
In October a dad who allegedly smacked his five-year-old son on the bottom for breaking a plant pot was charged with assault. The year-old man claimed he had smacked the child as a reasonable chastisement - but has now appeared in court on charges of assault causing actual bodily harm. Prosecutor Christine Hart said that bruising had appeared on the young boy after the alleged assault on May But defence lawyer Greg Peters said his client did not accept the bruising had been caused by the smack at the man's home in Chard, Somerset.
Somerset Magistrates' Court in Yeovil was told the father, who cannot be named for legal reasons, admitted to hitting the child, but said it was not enough to have caused an injury. Jump directly to the content. Sign in. All Football. The Child Law Advice states:. It would also be deemed unreasonable if smacking became any more than an isolated incident. Section 58 of the Children Act limits the use of the defence of reasonable punishment so that it can no longer be used when people are charged with the offences against a child of wounding, actual or grievous bodily harm or cruelty.
Therefore, any injury sustained by a child which is serious enough to warrant a charge of assault occasioning actual bodily harm cannot be considered to be as the result of reasonable punishment.
A parent can be charged with a criminal offence if they harm their child under the following certain offences: This also includes any other person that is a carer or works with children:. Physical punishment or chastisement of children and young people can have a very detrimental effect on their physical, mental and emotional wellbeing.
There is no justification for inflicting pain on a child or young person as a parent or any other adult carer. Any form of physical punishment that leaves a mark on a child or young person is considered an assault and is illegal under the Section 58 of the Children Act The content of this website can be accessed, printed and downloaded in an unaltered form, on a temporary basis, for personal study or reference purposes.
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