Organisations such as the Royal College of Paediatrics and Child Health (RCPCH), British Medical Association, Royal College of Psychiatrists and Faculty of Public Health have issued an open letter to call on the Government to support a critical amendment to the Children’s Wellbeing and Schools Bill and remove the ‘reasonable punishment’ defence in England.
The ‘reasonable punishment’ defence allows parents to justify physically disciplining their children in certain circumstances, but research shows this practice increases the risk of serious physical assault and negatively affects children's development. This lack of legislative clarity can even add an extra layer of complexity for professionals when trying to identify cases of child abuse. Decades of studies have now demonstrated the harmful effects of physical punishment on children's health.
According to a report by the RCPCH, children subjected to physical punishment are up to three times more likely to develop poor mental health and are potentially more than twice as likely to experience serious physical abuse. Despite this evidence, children in England lack the same legal protections as their Scottish and Welsh peers, it is unfair that children in England are not afforded the same rights.
As the Bill moves into the Committee Stage in the House of Lords, Baroness Finlay has proposed an amendment to eliminate the 'reasonable punishment' defence. In their open letter to Government thirteen health and social care focused organisations are urging Members of the House of Lords to back this amendment and commit to equal protection for children in England from physical assault.
RCPCH Officer for Child Protection and Consultant Paediatrician, Professor Andrew Rowland, said:
Support from healthcare organisations continues to grow for the removal of physical punishment in our society. There is now strong agreement from health and social care professionals that the current laws around physical punishment of children, including smacking, are unjust, vague and ultimately dangerous.
The Children’s Wellbeing and Schools Bill presents a unique opportunity to improve the lives of our most vulnerable children and young people, but it must go further. A child focused piece of legislation such as this is incredibly rare and should be fully embraced to ensure it delivers meaningful, lasting change to have the best chance of building child safe communities with happy, healthy, and safe children and young people at their hearts.
It is time to bring protection from physical assault for children in line with the protection afforded to adults. Every child deserves the best possible start to life, and eradicating physical punishment of children is a key part of that aim.
Dr Elaine Lockhart, Head of Child and Adolescent Faculty at the Royal College of Psychiatrists, said:
RCPsych strongly supports Baroness Finlay’s amendment to this Bill. The physical punishment of children is not just cruel, it is dangerous: the practice has been shown to be detrimental to children’s mental health and leads to poor developmental outcomes. It is vital that we eliminate any legal loophole that allows for their injury or harm by those meant to protect them.
Demand for children’s and adolescents’ mental health services is at a record high, and we know that tragically, many children end up in crisis before they receive the treatment they deserve. Building a society of happy, healthy children is not just important for their future, but for the prosperity of the UK. We need to see the UK Government urgently prioritise improving access to mental health services, and a continued commitment to increasing the recruitment and retention of psychiatrists.
BMA public health medicine committee deputy chair, Dr Tamasin Knight, said:
Given the potential for physical punishment to damage a child’s health and wellbeing, we believe that children should have full legal protection from all forms of physical punishment.
As medical professionals whose role it is to support the health and wellbeing of children, the ambiguity of the ‘reasonable punishment’ defence makes it difficult to draw a distinction between lawful punishment and unlawful abuse.
If we are to truly safeguard children, arguably one of the most vulnerable groups in society, it is crucial that they are given the same legal protection from physical assault as anyone else.
Alliance 4 Children CEO, Paul Wright FFPH, said:
The term ‘reasonable punishment’ is a deceptive veil, obscuring a painful truth. Hitting a child is not a corrective act; it is a violation, a betrayal of trust that creates immediate suffering and casts a long shadow over the rest of their lives. We cannot stand idly by while this outdated legal loophole, permitting the misnomer of "reasonable punishment," continues to endanger our children.
The time for change is now. Let our collective voice compel those in power to finally prioritise the safety and emotional well-being of every child by abolishing this harmful defence.