The Royal College of Paediatrics and Child Health demands an end to the “Victorian” punishment saying it harms their mental health and places kids at risk
Doctors have warned that smacking children harms their mental health and are demanding an end to the “Victorian” punishment.
The Royal College of Paediatrics and Child Health (RCPCH) is demanding an end to the protection under UK law of “reasonable punishment”. Professor Andrew Rowland, a consultant paediatrician and RCPCH officer for child protection, said smacking puts children at risk of “really significant physical harm” in later life.
Prof Rowland said: “The best scientific evidence I’ve got is that physical punishment of children undoubtedly harms children’s health on a population basis. It harms their physical health, places them at increased risk of serious physical assault, it harms their mental health and it harms their emotional health and their wellbeing – all of that is shown in robust scientific evidence.
“There have been no robust scientific studies that have shown that physical punishment of children has any positive effect. So it’s not just that the use of it harms children, it also doesn’t benefit them in any way whatsoever.”
According to the Children Act 2004, it is unlawful to hit your child, except where it is “reasonable punishment”. Section 58 states that reasonable punishment is not a legal defence when a child suffers actual bodily harm as a result of physical punishment.
Whether a “smack” amounts to reasonable punishment depends on the circumstances, taking into consideration factors like the age of the child and the nature of the smack.
Physical punishment will be considered “unreasonable” if it leaves a mark on the child. It is highly likely to be deemed unreasonable if the child is hit with a fist or an implement such as a cane or a belt. It would also be deemed unreasonable if smacking became any more than an isolated incident.
The RCPCH is calling on MPs to back an amendment to the Children’s Wellbeing and Schools Bill which would remove the “reasonable punishment” defence from law in England.
Professor Rowland added: “That defence of reasonable punishment of children in England has been around since 1860 but, in recent legislation, it was introduced in the Children Act of 2004. Now is the time for this Victorian-era punishment to go and the Children’s Wellbeing and Schools Bill amendment will do that if passed.
“It’s not a new law, it’s just removal of a technical defence. If it’s not done now, there is a real risk that there won’t be time throughout the remainder of this Parliament to bring in the legislation that children need, that they deserve, and actually that they’re entitled to. So this has to be the moment to act.”
Section 58 of the Children Act 2004 limits the use of the defence of reasonable punishment so that it can no longer be used when people are charged with the offences against a child of wounding, actual or grievous bodily harm or cruelty.
Calls to introduce a smacking ban intensified after the death of 10-year-old Sara Sharif. Sara was murdered in August 2023 after a two-year “campaign of torture” at the hands of her father and stepmother.
Asked about the case, Professor Rowland said: “What happened to Sara was absolutely horrendous and I can say that as a paediatrician, but also as a member of the public. No child should suffer as Sara suffered.”
Prof Rowland said 67 countries around the world have already adopted smacking bans, with a further 20 committing to do so. He added: “We know that the international evidence is that children who are physically punished are at risk of serious physical assault – that’s been shown academically.
“So we know that physical punishment on a population basis does place children at risk of really significant physical harm. If we want to stop that, the first step has got to be to remove the defence of reasonable punishment. That will make it easier – easier for people like me as a paediatrician working in child protection services, for social workers, for police officers, to draw a line and say there are never any circumstances involved where physical punishment of children is ever legal.
“Let’s move forward from that and help families to find a way to modify their children’s behaviour, to help them grow up happily, healthily and safe from harm in a way that doesn’t involve violence.”
A poll of 3,500 adults in England carried out by YouGov on behalf of the NSPCC in January 2024 found that 71% think smacking, hitting, slapping, or shaking a child is not acceptable.