The time for debate is over: The health, education, and legal case for legislative change to prohibit and eliminate all physical punishment of children and to achieve equal protection from assault in England and Northern Ireland

Rowland, Andrew Graeme; Fussey, Elizabeth; Gerry, Felicity; Herbert, Bess; Schaff, Olivia; Higgins, Daryl; Havighurst, Sophie S

Abstract

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-seven 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 paper proposes legislative change as a deterrent to prevent cases of physical punishment of children in England and Northern Ireland. Further, 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 prosecuted for assaulting their child but judged suitable not to have a criminal record, having regard to all the circumstances of the case, including the best interests of their child and maintaining the family relationship. The recommendations in this paper 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.

• Journal Article Type: Article
• Acceptance Date: Feb 10, 2025
• Publication Date: 2024
• Deposit Date: Feb 10, 2025
• Publicly Available Date: Jan 1, 2028
• Journal: Children and Youth Services Review
• Print ISSN: 0190-7409
• Publisher: Elsevier
• Peer Reviewed: Peer Reviewed