What are the smacking laws in the UK and could they change?
Campaigners are calling for a ban on smacking as a punishment for children across the UK.
NSPCC research suggests 82% of 18-24-year-olds believe any force whatsoever by a parent is unacceptable – an increase on 64% in 2023.
Celebrities such as former England footballer Alan Shearer and actor Sir Michael Caine have joined the push for a ban, signing a letter to Sir Keir Starmer urging his government to take action.
But what are the current laws, what do health experts say about smacking – and could it be banned?
What are the current laws around smacking?
In England, the Children Act allows for smacking in cases where it is “reasonable punishment”. There is a similar allowance in Northern Ireland, which also refers to reasonable punishment.
The laws don’t specify what counts as reasonable punishment, with judges ruling on a case-by-case basis.
Child Law Advice, which is run by the children’s charity Coram, says whether a smack is considered reasonable punishment depends on circumstances like the child’s age and the nature of the smack.
The laws state that punishment which amounts to physical wounding, actual bodily harm, grievous bodily harm or child cruelty is not legal.
Scotland had the same laws until 2020, when it put a complete ban on smacking, with the government referring to the reasonable punishment defence as “outdated”.
Similarly, Wales made all corporal punishment of children, including shaking, slapping and hitting illegal in 2022.
What do experts say about smacking?
Leading child charities like the NSPCC have called for all physical punishment of children to be made illegal.
In a report last year, the Royal College of Paediatrics and Child Health (RCPCH) urged ministers in England and Northern Ireland to follow the lead of Wales and Scotland.
Professor Andrew Rowland, a consultant paediatrician and RCPCH officer for child protection, said: “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.”
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He said he was “regularly faced with situations where it is alleged that physical punishment has been used against a child” but that the “vague nature of the laws make it extremely challenging” to talk to families about what the rules are and therefore 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,” he said.
The NSPCC’s Joanna Barrett said children in England and Northern Ireland “continue to be exposed to a legal loophole that can undermine their basic right to protection under the guise of ‘reasonable chastisement'”.
Could smacking get a UK-wide ban?
A Department for Education spokesperson said there are “not plans to legislate at this stage”.
They added that the Children’s Wellbeing and Schools Bill included “wholesale reform of the children’s social care system and better information sharing between education, health and social workers to stop vulnerable children falling through the cracks”.
The department has maintained that any form of violence towards a child is “completely unacceptable” that we have “clear laws in place to prevent it”.
“It is the responsibility of the parent to discipline their children, appropriately and within the boundaries of the law,” it has said.
A spokesperson for the Northern Ireland department of health previously said changing the law will require the agreement of the Northern Ireland Executive.
“The Department of Health continues to play an important role in supporting parents and carers of children and young people and in particular to promote positive parenting behaviours,” they added.
