Reasonable Punishment Defence - should the UK ban smacking?

Efforts to fully protect children from physical punishment have reached a pivotal moment, as the UK's Children’s Commissioners and leading health bodies unite to call for urgent legal reform.

Together, they have condemned the continued allowance of the ‘reasonable punishment’ defence in England and Northern Ireland: a legal provision they describe as ‘outdated, harmful and morally indefensible’.

Smacking and other forms of corporal punishment in Wales and Scotland

Smacking and other forms of corporal punishment are illegal in Wales and Scotland, affording children full protection from assault. However, the laws in England and Northern Ireland still permit parents to use ‘reasonable punishment’ which may be cited in defence if accused of hitting their child. This defence, set out in Section 58 of the Children Act 2004, does not apply if the punishment results in actual bodily harm or more serious injuries, but remains in place for milder forms of physical discipline.

‘Reasonable Punishment’

But what constitutes ‘reasonable’? The judgement is subjective and dependent on various factors, including the child’s age, the nature of the punishment, and whether it leaves any mark. This creates dangerous ambiguity, which critics argue leaves children in England and Northern Ireland less protected than adults.

The Children’s Commissioners

The four Children’s Commissioners: Dame Rachel de Souza (England), Rocio Cifuentes (Wales), Nicola Killean (Scotland), and Chris Quinn (Northern Ireland), have issued a joint statement ahead of the Children’s Wellbeing and Schools Bill returning to Parliament. They have unequivocally stated that:

‘Any defence in law that permits assault for the purpose of physical punishment of children is outdated and morally repugnant.’

Sara Sharif

Dame Rachel de Souza added emotional weight to the call by referencing the harrowing case of 10-year-old Sara Sharif, who was murdered in 2023 following what her father described as ‘legal punishment.’ She stated:

‘Let this be Sara’s legacy - that all children in the United Kingdom are given the same protection as anyone else.’

Reflecting on the proposed ban, the commissioners stress that loving, well-meaning parents have nothing to fear from a change in the law and, citing the outcomes of a ban in Wales and Scotland, where similar reforms have not led to widespread criminalisation of parents.

Medical experts strongly support the commissioners’ stance. The Royal College of Paediatrics and Child Health (RCPCH) has repeatedly urged lawmakers to end the defence of ‘reasonable punishment’. Professor Andrew Rowland, RCPCH officer for child protection, warned:

‘The evidence is clear - physical punishment harms children’s physical, mental and emotional health. No studies have shown any benefits. The law should send a clear societal message that physical punishment, in any form, is unacceptable.’

The RCPCH also warn that physical punishment contributes to negative outcomes, including poor mental health, aggression, and an increased risk of more severe physical abuse later in life.

Public Support For Banning Smacking

Public support for banning smacking appears strong. A YouGov survey in 2024 found that 71% of adults in England believe smacking, hitting, slapping or shaking a child is unacceptable. Despite this, the UK Government has so far resisted legislative change. Education Minister Stephen Morgan recently stated that while the government is ‘looking closely’ at the experiences of Wales and Scotland, there are ‘no plans to legislate at this stage.’

Wider context: safeguarding and children’s wellbeing

The debate on smacking is housed within the wider context of safeguarding and the Children’s Wellbeing and Schools Bill has become a focal point for broader concerns about child welfare. National charity School-Home Support has used the opportunity to call for every school to be allocated a whole-family support worker, describing this as the ‘missing piece’ in the government’s strategy to tackle school absence. Data published in March 2025 revealed record levels of persistent absence, with 171,269 children in England classed as ‘severely absent’, missing more than 50% of school sessions in the last academic year.

Children’s Wellbeing and Schools Bill

As the Children’s Wellbeing and Schools Bill moves through Parliament, pressure is mounting for England and Northern Ireland to follow the example set by Scotland and Wales by banning all forms of physical punishment. With medical professionals, safeguarding experts, children’s commissioners and much of the public aligned that this is a key safeguarding issue, the debate is no longer whether smacking should be banned, but when.

SSS Learning

5 May 2025