News

Calls to Ban Smacking Children in England and Northern Ireland

Posted: 21 March 2025

Recent events have reignited calls for the abolition of smacking children in England and Northern Ireland. In the wake of the tragic death of 10-year-old Sara Sharif, the Royal College of Paediatrics and Child Health has called on UK politicians to end the “defence of reasonable punishment”. A legal provision that dates to 1860. This law, still embedded in Section 58 of the Children Act 2004. It permits parents in England and Wales to use “reasonable punishment” as a defence in cases of physical discipline.

smacking children

Time to Modernise

Experts argue that it is time to modernise child protection laws to better safeguard children from harm. Critics argue that this outdated provision undermines child protection, with growing evidence that physical punishment can cause long-term harm. Calls to abolish Section 58 are gaining momentum, with the aim of aligning children’s rights with modern safeguarding standards.

Legislation in Scotland and Wales

In contrast, Scotland and Wales have already enacted legislation prohibiting all forms of corporal punishment. Scotland’s ban came into effect in 2020, while Wales followed in 2022, granting children the same legal protection from assault as adults. These changes have prompted advocates in England and Northern Ireland to call for similar reforms, emphasising the need to protect children’s rights and well-being.

The Case for a Smacking Ban

Children’s Commissioner Dame Rachel de Souza has highlighted the urgency of implementing a smacking ban. She cited evidence that physical punishment can lead to increased misbehaviour and harm. Despite these concerns, some political figures remain resistant to change, citing parental discretion and tradition. However, public opinion appears to be shifting, with recent polls indicating growing support for banning smacking.

Going Forward: Protecting Children’s Rights

As discussions continue, the focus remains on aligning legal protections for children across the UK and promoting positive, non-violent forms of discipline that safeguard children’s physical and emotional health.

If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Ipswich Office  01376 556690 or send an email.

 

Understanding the Basics of Marriage Annulment

Marriage annulment is often misunderstood. Unlike divorce, which ends a legally valid marriage, an...

- 19 January 2026

House Prices, Market Signals and 2026: What Really Matters Now

Overview UK house prices slipped again in December, prompting renewed questions about market direction...

- 17 January 2026

What Is the Conveyancing Quality Scheme?

The Conveyancing Quality Scheme (CQS) is a recognised quality standard for residential conveyancing practices...

- 13 January 2026

Important Notice

Bawtrees LLP is now part of Taylor Haldane Barlex LLP

As one of the largest suppliers of legal services in East Anglia we pride ourselves on offering a comprehensive service to all of our personal or business clients.