Following much debate and campaigning since 2015, as from 21 March 2022, Wales will become the second part of the UK (after Scotland) to ban physically punishing children.
Parents are currently entitled to smack their children as long as it does not leave a red mark. Under the current law, this falls under the defence of ‘reasonable punishment’ in cases of common assault. From 21 March 2022, this defence will be removed. This means that all types of physical punishment which can include smacking, hitting, slapping and shaking will be illegal. It is not possible to give a set list of what makes up physical punishment because it can be anything where a child is punished using physical force. This will mean that Children will be given the same legal protection from assault as adults.
How will this affect parents?
The law will apply to anyone who is a parent, Legal Guardian or anyone who is responsible for a child in the parent’s absence. It will also apply to those who visit Wales.
Anyone who physically punishes a child from 21st March will be breaking the law, risk being arrested or charged with assault and may get a criminal record.
Under the law, parents are still able to discipline their children but may not use physical punishment as a means to do so.
What to do if you are concerned about a child?
If you are concerned that a child maybe a victim of physical punishment you are encouraged to contact your local social services department, or if you believe the child is at immediate risk of harm, call the police.
Why has this been brought in?
Research has shown that any type of physical punishment can be harmful to the development of children.
Wales is following the lead from countries such as New Zealand and Sweden, as well as 60 other countries in the world. Sweden was the first country to ban smacking in 1979. It is hoped that this change in the law will assist in achieving a community in Wales where the safe and healthy development of children is a priority.
What to do if you are contacted by Social Services?
If you or someone in your family have been contacted by Social Services, this means they are worried that there is a child in your care who has suffered or is likely to suffer harm. If you receive a letter from the local authority entitled ‘Letter before proceedings’ or ‘Letter of Intention’ it is extremely important you do not ignore it and you should contact a family law specialist straight away.
If you have received a Letter before Proceedings or Children’s Services are involved with your family our specialist family solicitors can help. Call our team today on 02920470909, emailing us on [email protected] or make an enquiry online.