Letter to editor: Children in Wales should have the same legal protection as adults under assault law

Friday 3 May

LAST week, Assembly Members began hearing evidence for and against proposed reforms to assault laws in Wales.

If the new Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill is passed then Wales will join more than 50 countries in prohibiting the physical punishment of children.

NSPCC Cymru/Wales was among the organisations giving evidence at the Senedd in support of these changes and our position is clear: children should have the same legal protection as adults under assault law.

The accumulating evidence shows that punishing children by hitting them is harmful, causing increased childhood aggression and anti-social behaviour.

Fewer and fewer parents use physical punishment and health professionals encourage positive parenting techniques, avoiding physical punishment.

But the law – in contrast – currently says that hitting children to punish them is acceptable.

Currently, parents or carers accused of assault against a child can use a common-law defence of ‘reasonable punishment’ if they appear in court. This defence is not available to anyone accused of assaulting an adult.

It is a confusing situation and we believe that scrapping the reasonable punishment defence will provide much-needed clarity for parents, carers and professionals who work with children that hitting them is as unacceptable as striking an adult.

Physical punishment was rightly prohibited in schools many years ago and more recently in early years and care settings. This change is the next logical step.

If this bill is successful, Wales will join dozens of countries which afford children equal protection under the law.

While opponents to the bill claim they it will lead to the large-scale criminalisation of loving parents, it is notable that this has not been the case in the many countries who have outlawed physical punishment and not one of these countries repealed their reforms after they were introduced.

It is wrong that the smallest and most vulnerable members of our society in Wales have less protection from assault than adults and the NSPCC believes change is necessary and long overdue.

A public consultation on the measures is open until 14 May and we urge people who believe our children deserve equal protection against assault to make their voices heard.

Vivienne Laing

Policy and public affairs manager, NSPCC Cymru/Wales