The laws around physical punishment as they stand are unjust and dangerously vague. They create a grey area in which some forms of physical punishment may be lawful, and some are not. There must be no grey areas when it comes to safeguarding children. Changing the laws in England and Northern Ireland will give us absolute clarity and ensure there are no instances where it is acceptable or lawful to smack a child.
About the campaign
Physical punishment has negative consequences for children’s physical and mental health, as well as their social, emotional and behavioural outcomes, and puts children at higher risk of experiencing serious physical assault. We want to see an end to all forms of physical punishment, with the crucial first step being the removal of the “reasonable punishment” defence from law in England and Northern Ireland.
The “reasonable punishment” defence, which a parent can use to justify physically punishing a child in certain circumstances, means children in England and Northern Ireland are the only group of people in the UK not fully protected in law from assault.
Within the UK, Scotland and Wales have paved the way by abolishing the reasonable punishment defence through the enactment of bespoke and unambiguous legislation. Internationally 65 states have a full prohibition of physical punishment and 27 more have committed to reforming their laws to achieve a complete legal ban.
We are calling on political leaders in England and Northern Ireland to follow suit to give all children in the UK the protection in law that they need, that they deserve, and that they are entitled to.
Why RCPCH is calling for an end to physical punishment
The health impacts of physical punishment are well documented, including poor mental health, social, emotional and behavioural issues and heightened risk of serious physical assault:
- Children who experience physical punishment are up to 2.6 times more likely to experience mental health problems.
- Children who experience physical punishment are up to 2.3 times more likely to go on to experience significant harm through more serious forms of physical abuse.
RCPCH members have also shared the challenges they face when supporting and educating families in that in certain circumstances there can be a defence in using physical punishment.
As a paediatrician working in child protection services, I am regularly faced with situations where it is alleged that physical punishment has been used against a child. The vague nature of the laws make it extremely challenging to talk to families about what the rules are around physical punishment of children, thus making it more difficult to talk about the best interests of their children. This lack of legislative clarity can even add an extra layer of complexity when trying to identify cases of child abuse.
Our landmark report: April 2024
In April 2024, RCPCH published a landmark report making the health, education and legal case for legislative change to remove the “reasonable punishment” defence and prohibit all physical punishment of children.
The report details the evidence basis for harms to children of physical punishment and the safeguarding complications that current legislation creates. It also details recommendations for legislative change for Governments in Westminster and Stormont, as well as the appropriate next steps to secure a reduction in the harmful practice of physical punishment.
Read our report, including a 'quick read'
- Summary of recommendations from the report
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- We recommend that the Secretary of State for Education commences the legislative process necessary to change the law to remove the reasonable punishment defence (as set out in Section 3 of the RCPCH April 2024 report).
- We recommend that the Minister for Justice should lead the Northern Ireland Assembly in amending the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006) to remove the reasonable punishment defence from Northern Irish Law.
- The Crown Prosecution Service (CPS) (England) and Public Prosecution Service (PPS) (NI) should issue guidance on prosecuting offences relating to the physical assault of children by their parents which requires legal professionals to consider the best interests of the child and their family in their prosecution decisions.
- The Sentencing Council (England) andThe Lord Chief Justice Sentencing Group (NI) should produce a sentencing guideline for those people charged with physical punishment of children making clear that custodial sentences should be avoided except in the most serious of cases.
- The Department for Education (England) and the Department of Education (NI) should develop and adopt a cross-sector Equal Protection Plan to identify and brief all services working with children; to devise evaluation and monitoring processes; to set out communication strategies; and to agree a budget outside of the law change.
Campaign activity to date
Report launch and response
- We launched our landmark report with a roundtable in the House of Lords in April 2024. Jointly hosted by crossbench peer Baroness Finlay and RCPCH, the event brought together parliamentarians, paediatricians and other child health organisations to discuss how we could work together to campaign for change.
- Following the launch, several peers expressed interest in working with us encourage the UK Government to enact the legislation change needed.
- The report also secured widespread media attention across the UK, with headlines in BBC News, The Times and The Independent and interviews on BBC Breakfast and Times Radio.
- In response, the then Shadow Safeguarding Minister shared her support for a change in legislation, and former Shadow Schools Minister said the Labour Party would look at the policy.
In Northern Ireland
- RCPCH is a member of the NI Children’s Commissioner-led coalition to remove the defence of reasonable punishment from NI law. Coalition partners include NSPCC and BASW as well as other key children’s organisations. We continue to work in partnership to lobby the Department of Justice and the NI Executive to effect this change.
- Following the publication of our landmark report, RCPCH in NI met with the Minister for Justice, Naomi Long, MLA adding the crucial view of paediatricians to the debate. We secured her support in wishing to advance the removal of the reasonable punishment defence as soon as practicable and in encouraging her NI Executive colleagues to prioritise this.
In England
- Following the UK General election in July 2024, we wrote to the new Education Secretary to urging her to enact the legislative change to remove the “reasonable punishment” defence.
- Since then, Children’s Commissioner, Dame Rachel de Souza also shared her support for ending physical punishment for children in England.
- In October 2024, the Government confirmed it is considering the proposals and wants to hear from experts on the issue.
Next steps
We are now working to put equal protection on the agenda of political leaders in Westminster and Stormont and share our evidence and expertise with politicians and civil servants. This includes working with organisations across the sector to raise our collective voice on the issue.
How RCPCH members can get involved
- We’re considering ways we can support members to get involved in advocating for an end to physical punishment, including into 2025 and as our report turns one.
- To keep up to date with the campaign and our wider influencing work, you can sign up to our parliamentary eBulletin. You can also follow our activity on social media, on X (formerly Twitter), Facebook and LinkedIn.
Frequently asked questions
- How has the College considered arguments in favour of physical punishment of children?
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This has been considered in detail in the RCPCH’s April 2024 report. The report concludes that even though there are arguments advanced by some people in favour of physical punishment of children being permitted, the weight of the evidence shows that this would be harmful to children on a population basis. It would also be inconsistent with their children’s rights.
- Is there wider public support for an end to physical punishment?
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Yes. NSPCC polling of over 3,500 adults across England in April 2024 showed 71% thought smacking, hitting, slapping, or shaking a child was not acceptable (a rise from 67% in 2023).
- Will the removal of the reasonable punishment defence lead to criminalising parents?
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No. The aim of this change is to support positive conversations with families, without ambiguity regarding what is lawful, what is unlawful, and what falls in a grey area in between where a defence may exist.
- What comes after legislation change?
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Legislative change is essential in sending a clear message that hitting or hurting a child is wrong, just as it is wrong to hit or hurt an adult. However, we’re calling for additional steps to move from prohibiting physical punishment to ending the practice completely. These include a clear plan for communicating the law change (eg with services working with children), public education awareness raising, as well as programmes to support positive parenting.
- What impact has the removal of the reasonable punishment defence had in Wales and Scotland?
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The defence was removed in Scotland in 2020 and in Wales in 2022. It is too early to have concrete data on its impact, but anecdotal information suggests that the removal is linked with a cultural shift away from physical punishment as an appropriate form of discipline.
In addition, the removal in other countries led to a tangible impact on the number of children who experience physical punishment. For example, in Germany in 1992, 30% of young people had been subjected to corporal punishment; by 2002, the figure was 3%.
- What should I do if have concerns about a child's welfare?
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If you are a member of the public who has a concern about the welfare of a child, NSPCC have clear guidance on reporting child abuse and neglect, and further information if you are worried about a child and are unsure what do to. You can visit the NSPCC website for information or contact the NSPCC helpline (via phone, email or online form).
Paediatricians should refer to Chapter 2 of the Child Protection Companion ‘Responsibilities of the Paediatrician’ (under login) for further guidance about their duties if they have concerns about a child’s welfare.