11/11/2008
Is it Legal to Smack My Child ?
In October 2008 some MPs called for an outright ban on parents smacking their children. This served to highlight the fact that many people do not know what the current law is on this issue.
Up until1998 parents had the right to use ‘reasonable chastisement’ to discipline their children. However the word ‘reasonable’ was never well defined and the European Court did not consider that this afforded children sufficient protection .As a result the Children Act 2004, which became law in January 2005, was passed to help clarify the law.
The current law is that it remains perfectly lawful for parents to use ‘reasonable chastisement’ upon their child but only if it does not leave more than a transitory mark on the child, in other words a mark that would go away quickly. A non transitory mark would, for instance, include visible bruising, scratches, cuts, swelling or reddening to the skin or mental harm to the child. . If smacking causes a non-transitory mark or mental harm then it could result in imprisonment of up to 5 years- and possible care proceedings to determine whether the parents are fit to continue to care for their children.
Anti smacking campaigners want children to have greater protection from physical punishment by removing the right to use ‘reasonable chastisement’ altogether.
The matter was to be debated in Parliament on the 8th October 2008 but, due to the Chancellor’s emergency statement on the credit crisis, it was shelved and has not yet taken place.
The Government’s current position is, as stated by the Children’s Minister, ‘we do not encourage or condone smacking …but neither do we support a ban which would make smacking a crime.’
Therefore parents may still legally smack their children subject to the guidelines that I have set out. However it remains a highly controversial subject and it remains to be seen whether it will be banned altogether in the near future.
Jane O’Callaghan is a solicitor and a member of the Family Team at Watkins and Gunn and can be contacted on 01495 768933 |
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