The Government is set to amend the law on physical punishment, so that only members of a child’s household or family are able to use the “reasonable punishment” defence. Ministers have avoided committing to a complete ban on the physical punishment of children.

The current law means that parents and other adults acting in loco parentis (in the place of a parent) can access the “reasonable punishment” defence for charges of common assault against a child. In practice, this means that an adult looking after a child can use physical punishment, unless they have been prohibited in law from doing so.

The Chief Adviser on the Safety of Children, Sir Roger Singleton, conducted a two month review of physical punishment in part-time educational and learning settings (and by others acting in loco parentis), and published his recommendations on 30 March 2010. The Government has accepted his recommendation that only a parent or a member of the child’s family or household should be permitted to use physical punishment on a child. Ed Balls has indicated that the Government is committed to taking this forward “as swiftly as possible”, including consultation on how any changes in the law might be made. 

The Children’s Rights Alliance for England (CRAE) believes that the Government’s approach is fundamentally flawed. Carolyne Willow, CRAE’s national co-ordinator, says:

“Ministers say they do not wish to criminalise parents, and this is their reason for not removing the “reasonable punishment” defence altogether. This unprincipled and irrational approach (there has not been a surge of parental prosecutions in those countries that have given children full legal protection) has never, to my knowledge, been used to excuse the defence for others who have contact with children. We need to get away from debates about who can hit children to promoting the strong message that every child – no matter where or with whom they live – has the right to protection from all forms of violence.” 

Although the law is likely to restrict the number of adults who can access the “reasonable punishment” defence, a substantial number of people will still be able to use violence on a child as punishment. These adults could include estranged parents, parents’ partners, lodgers, uncles/aunts, grandparents and older siblings. Carolyne Willow continues:

“The Government is only too aware of the numbers of children that die each year at the hands of carers who are not their parents – amongst those children we count the lives of Victoria Climbié, Peter Connolly and Khyra Ishaq. Ministers should in no way seek to confirm that these adults can lawfully use violence on a child.”

Read Sir Roger Singleton's report and the Government's response