In this episode of the Kids Law Podcast, hosts Alma-Constance and Lucinda unpack one of the most debated topics in parenting law today: should smacking children be banned outright?
With the help of guest Amy Packham, a criminal barrister, Crown Court recorder, and expert in cases involving children, this episode delves into the changing legal and cultural landscape surrounding physical punishment, and why public opinion and legal reform may be catching up.
What Is the Law on Smacking Children?
One of the first things Amy highlights is that the law on smacking children is not uniform across the UK. In Scotland and Wales, smacking is illegal in all circumstances. These nations have adopted a clear and simple stance: physical punishment is not acceptable.
In contrast, England and Northern Ireland take a different approach. Here, parents and carers can legally smack a child if it qualifies as ‘reasonable punishment.’ This defence, outlined in Section 58 of the Children Act 2004, creates a legal loophole that continues to cause concern among child protection advocates.
Defining ‘Reasonable Punishment’ and Who Is Allowed to Use It?
Defining ‘reasonable punishment’ is complicated. It’s not a clear-cut standard, but rather a case-by-case assessment based on the nature of the punishment, how long it lasted, how frequently it occurred, and the child’s age and wellbeing.
Crucially, the defence can only be used in cases of the most minor physical offences, typically where there’s no lasting injury. Anything that causes more than temporary reddening of the skin, such as bruises or cuts, cannot be excused under this law. Allegations of actual or grievous bodily harm, or child cruelty, fall outside its scope.
Research into how often this defence is used shows it’s incredibly rare. Between 2009 and 2017, only three cases in England were identified where parents had successfully relied on it.
The law is much stricter when it comes to professionals. Teachers, nursery workers, foster carers, and other professionals in care roles are absolutely prohibited from using physical punishment under any circumstances.
However, in England and Northern Ireland, parents can permit a privately hired nanny or babysitter to smack their child, provided it meets the legal test of being ‘reasonable.’
What Happens If a Parent Is Reported?
When a child is reported as having been physically punished, the response depends on who receives the complaint – whether it’s the police, a teacher, a doctor, or social services. But all relevant agencies have clear duties to investigate such reports and assess the child’s safety.
If criminal charges are considered, the Crown Prosecution Service becomes involved. The Crown Prosecution Service must weigh both the evidence and the public interest when deciding whether to pursue a case. Amy reassures listeners that, in most instances, one-off low-level incidents are unlikely to lead to prosecution, especially where there’s no evidence of harm and the overall care of the child is sound.
Why Have Some Places Banned Smacking Entirely?
Public opinion is shifting. Amy notes that smacking was once considered a useful way to control bad behaviour. But growing evidence shows:
- It may teach children to use violence to resolve problems
- It has negative effects on children’s mental health and wellbeing
- It can damage family relationships and fuel cycles of aggression
Amy emphasises that many countries have chosen to outlaw smacking not just for moral reasons, but for clarity. Removing the defence makes it easier for everyone to understand what is acceptable, and what crosses the line.
Is England Likely to Change Its Laws?
The Children’s Commissioner, Dame Rachel DeSouza, has called for a total ban on physical punishment, supported by major bodies like the Royal College of Paediatrics and Child Health. They argue that banning smacking would help prevent low-level violence from escalating and protect children’s long-term wellbeing.
A 2024 YouGov poll revealed that 71% of adults in England now believe smacking is unacceptable. Over half support a complete legal ban. However, the government is holding back from any immediate changes and has instead decided to wait for the results of a review into the effects of the ban in Wales. That report is expected at the end of 2025.
Where Do Children’s Rights Come In?
At the heart of this debate is the question of children’s rights. The UK is a signatory to the United Nations Convention on the Rights of the Child, which commits to protecting children from all forms of physical or mental violence. Article 19 of the Convention has been cited by campaigners who argue that the current legal defence of reasonable punishment in England and Northern Ireland may be incompatible with the UK’s international obligations.
Amy suggests that clearer, unified laws would better support these rights, remove confusion and ensure that all children in the UK are treated equally under the law.
What Should You Do If a Child Says They’re Being Hit?
Amy offers practical advice:
- If a child is in immediate danger, call 999
- If it’s not urgent, contact Childline (0800 1111) or encourage the child to speak with a trusted adult like a teacher or school counsellor
Moving Towards a Safer Future for Children
This episode of the Kids Law Podcast shines a spotlight on an issue that strikes at the core of parenting, law, and society. It reveals inconsistencies in current UK legislation, the slow but steady shift in public attitudes, and the growing recognition of children’s rights.
As the conversation around smacking continues, one thing remains clear: children deserve to grow up in environments where they feel safe, respected, and protected. Legal reform, public education, and cultural change all have a role to play in making that a reality.
If you’d like to learn more, visit https://kidslaw.info. You can also tune in to future episodes of the Kids Law Podcast, where we continue exploring how the law affects young people’s lives.