The Children's Rights Alliance for England, in its annual review of UK Government action on the UN convention on the rights of the child, published last week, said, 'The Green Paper, aimed at reforming child protection, does not mention smacking.
'The Adoption and Children Act 2002, passed in November 2002, acknowledges the damage done to children from witnessing violence in the home. So long as the reasonable chastisement defence remains, babies and children who witness violence will have greater protection than those who are directly assaulted.'
Members of the Alliance include the National Children's Bureau, the National Childminding Association, the Daycare Trust, the NSPCC and the Anna Freud Centre.
However, the report welcomed the Government's revision of the national standards for under-eights daycare and childminding in England, which reversed the provision allowing childminders to smack children with parental permission. But it noted that 'corporal punishment has not been prohibited in the family' and said the Government had 'taken no action whatever to remove the reasonable chastisement defence or to discourage parents from using corporal punishment'.
The report also noted how the Criminal Justice (Scotland) Act 2003 included a provision that introduced the concept of 'justifiable assault' of children, which 'effectively prohibits use of implements, blows around the head and shaking as punishments, and requires courts when considering an assault is "justifiable" to consider a list of factors'. But following criticism by a parliamentary committee, the Scottish Executive had dropped additional proposals to prohibit all corporal punishment of children up to their third birthday.
Carolyne Willow, the Alliance's joint national co-ordinator, said, 'As the smallest and weakest members of our society, babies and children need the best care and protection we can give them. Smacking children hurts and humiliates them, and parents usually regret doing it.'
The NSPCC argued last week that some parents needed help to develop methods of positive child discipline instead of smacking and physical chastisement, and that care professionals such as childminders, nursery nurses and special needs assistants were the people to help them.
The charity has published a booklet for childcare professionals, Encouraging positive discipline. Its author, NSPCC parenting adviser Eileen Hayes, said its aim was to help childcarers feel confident about tackling difficult questions about physical punishment and discipline. 'Parents under stress are most likely to turn to professionals who they know and trust for this kind of advice, rather than ask more official sources.
Professionals can offer a listening ear or provide links with local services.'
Mary Marsh, NSPCC director and chief executive, added, 'Professionals who work with children can make a great difference by sharing knowledge about positive discipline and empathising with parents who often have a tough job but are trying to do their best.
'Positive discipline is an important stepping stone in ensuring children are loved, valued and able to fulfil their potential.'
The booklet costs 1.50 from the NSPCC Publications Unit, 42 Curtain Road, London EC2A 3NH (020 7825 2775 or e-mail infounit@nspcc.org.uk).
* See 'In my view', page 34