MPs encouraged to support proposal to ban smacking in England

MPs have been urged to support moves to ban smacking and other forms of physical punishment against children in England.

According to the Children Act 2004, it is unlawful to hit your child except where it is “reasonable punishment”, and this is judged on a case-by-case basis.

Labour MP Jess Asato has tabled an amendment to the Children’s Wellbeing and Schools Bill which would remove the “reasonable punishment” defence from law in England.

Ms Asato said her proposal is “not about criminalising parents” but would provide “clarity” and improve the “tool box that parents have to positively raise their child”.

The Liberal Democrats said the law change is “long overdue” as they offered their support.

Speaking during the Bill’s report stage, Ms Asato told the House of Commons: “Children in Scotland and Wales already have the same protections as adults when it comes to being hit, but we find ourselves in the peculiar situation where a child growing up just over the border in England has fewer rights.

“And why should they? What is different between a child growing up in Berwick-upon-Tweed and a child in Bonnyrigg?

“Scotland and Wales are not alone in this – 67 countries around the world have already banned physical punishment.”

MPs heard that 27 other countries have also committed to a ban, with Ms Asato saying there is “global recognition that children deserve better”.

The MP for Lowestoft said: “Physical punishment is not punishment, it is abuse. We have a wealth of research to draw on from the last 30 years and not a single reputable study has found that physical punishment positively impacts a child’s development.

“There is no evidence to say it improves behaviour in children. The reality is that physical punishment does not establish in a child’s mind a difference between right or wrong, it simply evokes fear – fear of violence and fear of pain.”

Ms Asato said the majority of parents do not use physical punishment and its use is “declining over time”, before warning: “More than one in five 10-year-olds have still experienced it.

“This amendment is not about criminalising parents. No-one wants to stop a parent from protecting their child who is about to reach for a hot kettle or cross a busy road.

“Of the many countries that have introduced a ban, there has been no evidence that it has led to an increase in prosecutions. Instead, changing the law is about giving parents, children and professionals clarity whilst improving the tool box that parents have to positively raise their child.”

Ms Asato said her amendment on its own would not stop cases such as that of Sara Sharif, 10, who had suffered 71 recent injuries at the time of her death.

The MP added: “But it will certainly ensure that the threat of violence many children face will no longer be given the pretence of legal cover and we cannot afford to delay action on this; the NSPCC has seen a three-fold increase in the number of child welfare calls mentioning physical punishment in the last couple of years.”

Ms Asato said future generations “will not look kindly” at “inaction” from Parliament, adding: “We have the evidence, we have the power, we have the time, we have the ability to act and we should to protect all our children.”

Liberal Democrat education spokeswoman Munira Wilson backed the proposal, saying: “We need to ensure that all children are properly protected in law so that they can grow up safe, happy and healthy.

“The Liberal Democrats have been calling for this change for more than 20 years. We supported the law change in Scotland and Wales, and it’s long overdue in England too.”

Green Party co-leader Carla Denyer said: “The physical assault of children is never acceptable, and we need to follow Scotland and Wales and urgently update our law.

“The Children’s Commissioner, the NSPCC, the Royal College of Paediatrics and Child Health and many others have been crystal clear, not least in the wake of the horrifying case of Sara Sharif, that children should be equally protected from assault.”