General Article The law on smacking children

Topic Selected: Child Abuse Book Volume: 456

This page explains the law on smacking and physically disciplining children. It explains when this would amount to an offence and the possible defences to this.

What is the law on smacking children?

It is unlawful for a parent or carer to smack their child, except where this amounts to ‘reasonable punishment’. This defence is laid down in Section 58 Children Act 2004, but it is not defined in this legislation. 

Whether a ‘smack’ amounts to reasonable punishment will depend on the circumstances of each case, taking into consideration factors like the age of the child and the nature of the smack. 

There are strict guidelines covering the use of reasonable punishment and it will not be possible to rely on the defence if you use severe physical punishment on your child which amounts to wounding, actual bodily harm, grievous bodily harm or child cruelty.

Smacking was banned in Scotland in 2020 and was followed in Wales in 2022, prompting renewed calls for the UK government to outlaw the ...

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