Is smacking a child illegal in England?
Is it illegal to smack a child?
The Children Act 2004 says it is unlawful to assault a child causing actual or grievous bodily harm, or cruelty.
The Department for Education states: “Any form of violence towards a child is completely unacceptable and we have clear laws in place to prevent it.”
A parent can be charged with a criminal offence if they are deemed to have caused cruelty to persons under 16 under the Children and Young Persons Act 1933.
Offences of assault occasioning actual bodily harm, grievous bodily harm and wounding are also listed under the Offences Against the Person Act 1861.
However, there is a legal defence which leaves parents in England and Northern Ireland legally able to use physical force against children if it can be justified as a “reasonable punishment”.
It is illegal for teachers, nursery workers and child care workers to smack another person’s child.
If a person is employed privately by a parent, such as a babysitter or nanny, the parent may give permission for that person to smack their child, as long as it is reasonable and does not amount to an offence.
Striking a child is already illegal in Scotland and Wales, and in many other countries around the world.
Doctors say the legal defence of reasonable punishment makes it hard for them to identify cases of child abuse and leaves it to legal professionals to decide whether the severity of a child’s physical injuries was the result of a “reasonable and moderate” punishment.
When determining if a smack is “reasonable punishment” the law would need to take into account factors such as the force of the smack and the child’s age.
If the child is left with bruises, cuts or abrasions, then the parent can be deemed to have committed assault.
What is the punishment?
It depends on the classification of the offence - grievous bodily harm is the most serious offence with a maximum sentence of life imprisonment, while assault can carry a sentence of 14 years.
What are the differences in the devolved nations?
Striking a child is banned in Scotland and Wales, where the legal defence of “reasonable punishment” cannot be used.
The law has applied in Wales since March 2022, after the Under the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 made all types of physical punishment, such as smacking, hitting, slapping and shaking, illegal. The new law applies to anyone in Wales, including visitors.
Scotland introduced a similar ban in November 2020.
The Royal College of Paediatrics and Child Health is calling for a total ban in England and Northern Ireland.
The professional body said amendments to the Children Act 2004 for England and the Law Reform Order 2006 for Northern Ireland “to remove the ‘reasonable punishment’ defence from all UK law are long overdue”.
