Abolition of the common law defence of reasonable punishment of children in England: evidence to UK Parliament (Children's Wellbeing and Schools Bill Committee)

Rowland, Andrew; Gerry, Felicity; Higgins, Daryl; Havighurst, Sophie

Abstract

The authors of this submission support New Clause (NC) 10 and consequential Amendment
11 of the Children’s Wellbeing and Schools Bill (“CWSB”) before the UK Parliament (as at
21 January 2025) and believe that these amendments should both be made to the CWSB as it
progresses through Parliament.
Within the UK, children in England and Northern Ireland are the only people who are not
fully protected in law from assault. Scotland and Wales have paved the way towards the UK
becoming a more equal society and better protecting children, leaving England and Northern
Ireland behind. Physical punishment of children is less effective as a long-term strategy for
improving behaviours than other approaches. Internationally, 67 states have full prohibition
of physical punishment of children. Twenty-six more states have committed to reforming
their laws to achieve a complete legal ban. There is overwhelming academic evidence which
clearly demonstrates that physical punishment has adverse effects on children. The adverse
health impacts include poor mental health, and social, behavioural and emotional difficulties.
Children who are physically punished are at a heightened risk of serious physical assault.
Physical punishment of children should be considered an adverse childhood experience and
addressed in efforts to prevent violence. This submission supports legislative change being
introduced as a deterrent to prevent cases of physical punishment of children in England.
Whilst the authors believe that legislative change is required in both England and Northern
Ireland, they understand that the jurisdiction of the Committee is restricted to England only
and therefore this submission relates to England. The authors will pursue the Northern Ireland
matters separately.
In addition to legislative change, additional measures are needed to bring about restorative
approaches that both protect the child and maintain and support the parent-child relationship.
That support should include a judicial discretion for a non-conviction outcome for those
parents judged suitable having regard to all the circumstances of the case, including the best
interests of the child in maintaining the family relationship. The recommendations in this
submission propose a joint approach which simplifies practice in the children’s sector; which
upholds children’s rights in law; and which supports families and communities to make
positive changes to parenting practices.

• Report Type: Policy Document
• Acceptance Date: Jan 31, 2025
• Online Publication Date: Jan 31, 2025
• Publication Date: Jan 31, 2025
• Deposit Date: Jan 31, 2025
• Publicly Available Date: Jan 22, 2025
• Publisher URL: https://bills.parliament.uk/publications/58287/documents/5814