Q Is it illlegal for someone to smack a child?

A At the moment it is illegal for anybody, including teachers, nursery workers and childcare workers to smack another person’s child. It is not illegal however for a parent to smack their child, as long as the smack amounts to ‘reasonable punishment’.

Q So, what does the law say about the issue?

A Unreasonable punishment is classed as a smack that leaves a mark on a child, or involves the use of an implement such as a belt or cane. A parent can give another person, such as a babysitter or grandparent, consent to use reasonable punishment on their child.

Q Is the law clear?

A Section 58 of the Children Act 2004 describes a number of unreasonable punishments. However, it does not actually define what is ‘reasonable’. This can lead to legal arguments about the level of force an adult uses and what that adult intended.

Q Can we smack our children?

A Many organisations, including the NSPCC, have been strongly campaigning for a total ban on smacking. They are critical of the current law and say that it violates the rights of a child.

They point to the fact that adults are prohibited from pushing or shoving each other, and from physically chastising their pets, but are not prohibited from being violent towards their children.

They point to extensive research, which suggests that it may: s give a bad example of how to handle strong emotions; s lead children to hit or bully others; s encourage children to lie or hide feelings to avoid being smacked; s make defiant behaviour worse, so discipline gets even harder; s lead to a resentful and angry child and damaged family relationships if it continues for a long time.

Others feel that smacking can be an appropriate way to discipline them. They say that it can help to set clear boundaries, which is an important part of their development.

Q Where next?

A The current law is increasingly at odds with our European neighbours. Twenty-four European countries, including Spain, Italy and Germany, have now abolished parents’ rights to use any form of physical chastisement. There is considerable UN and EU pressure to incorporate a total ban.

Opinion in the UK remains divided however and there are currently no plans to introduce a complete ban.