The Department of Health in London announced last week that it did not believe there was public support for changing the law on corporal punishment and said the introduction of the Humans Rights Act in October 2000 gave children in England and Wales sufficient legal protection. This followed analysis of responses to a consultation that attracted submissions from a number of children's health and education organisations, calling for children to have the same protection in law as adults from physical assault.
Susan Elsley, assistant director of Save the Children in Scotland, described the decision as 'a terrible lost opportunity'. She said, 'Scotland has led the way, and we are deeply disappointed that the same steps forward have not been made in England and Wales. This sends out confusing messages to parents, who, in theory, could smack toddlers when they cross the Border but not before. Children should be safe wherever they live in the UK.'
The Scottish Executive proposed in September to ban the smacking of under-threes and outlaw the use of implements, shaking, and blows to the head for all children. Corporal punishment in childcare centres or by childminders would also be illegal. These proposals will be outlined in a White Paper likely to be issued this month.
In England, under the new national standards for daycare which also came into force in September, childminders can smack children with their parents' consent. The Welsh Assembly has put forward plans to ban childminders from smacking children of any age as part of its framework for regulating daycare.
The consultation in England and Wales was prompted by a case in which a man severely beat a boy with a cane. He was charged with assault causing actual bodily harm, but after using the Victorian defence of reasonable chastisement, which allows a parent or adult in charge of a child to administer punishment, he was acquitted by a jury.
However, the European Court of Human Rights ruled that UK law had failed to protect the boy from inhuman or degrading treatment, in contravention of article 3 of the European Convention on Human Rights, and this prompted a review.
Save the Children continues to press for a complete ban of all physical punishment of children and for children to be given the same protection from assault under law as adults. It is a member of the Children are Unbeatable! Alliance, which represents more than 35 organisations including Barnardo's, Children 1st and Children in Scotland.
Ms Elsley said, 'Our research shows that children cannot draw any distinction between being smacked, hit or slapped. Despite being some of the most vulnerable members of society, they have less legal protection than adults.' The analysis of the responses to the consultation is available on www.doh.gov.uk.
* See Special Report, p10
