Skip to Content

Children and the Law | Smacking.

To one person an, 'essential means of discipline', is to another person, 'child abuse'.

Smacking children is a very emotive subject and has been tested at the highest legal level, smacking is illegal unless 'reasonable', with such a woolly definition it's good to understand what would be considered reasonable in the eyes of the law.

The Children Act of 2004 states that it is illegal to hit a child with excessive force, force that results in bruising or damage to the skin, excessive force can lead to prosecution for Assault or Bodily Harm against the child.

It is surprising that the UK have not adopted the same stance as in Europe where the EU have adopted a clearer stance in making all smacking illegal; I believe it is only a matter of time after all should it be legal to hit another, especially one who cannot defend themselves?

As a parent, I do understand the illogical emotions that can overcome a parent, and many parents would prefer to decide for themselves how to discipline their child rather than letting the state decide for them. After all, it has not been long since physical punishment was allowed in schools as both a punishment and serving as a deterrent, this draconian form of hard education now only features in history books.

Unfortunately making smacking illegal is emotive, and with politics driven by popularity some political parties may be hesitant to pass such a law, as it may prove unpopular.

What are the consequences of smacking?


It's unlikely that any prosecution will be made if the punishment is reasonable, if the punishment results in injury then the child's safety will be questioned and Social Service will need to assess the situation.

They may decide that the child and any siblings should be taken into care; the parents could be prosecuted and may face imprisonment.

The consequences to the child can be greater and you must consider the psychological damage being done as well as the physical one.

Children do make parents mad, but smacking is not the answer, if you are a parent and you need support on parenting, most schools and councils offer great parental support and education groups.

What are the consequences of smacking?
Image Description
related news
recent articles
Major Change in Divorce Law - no fault divorces

Government to finally introduce 'no-fault' Divorce laws..

link

Totting up points on your driving Licence

Totting up points on your driving Licence.
When a driver accumulates twelve points or more in a three-year period on their driving license they are normally s..

Handling Stolen Goods

What is meant by 'handling stolen goods'...

Civil partnership for Heterosexual Couples

A change in the marriage laws..

Double Jeopardy Law

What is Double Jeopardy? and is it still Law in the UK?..

link

Cautions, warnings and penalty notices.

Police cautions and warnings are the same and can be issued to anyone over the age of ten for minor offences, whilst this does not count as a conviction it can..

Mediation Solicitors.

Mediation Solicitors.
Mediation is a process during which a couple is helped by an impartial third party (a mediator). ..

Clare`s Law - Domestic Violence.

The domestic violence disclosure scheme named after domestic violence victim Clare Wood has been brought in throughout England and Wales. If you feel you could..

What is a Section 60 notice?

Over 2000 section 60 notices have been issued in London last year..

link

The legal rights of unmarried couples.

The legal rights of unmarried couples, regarding property. - In the event of the breakup of a relationship where the couple are not married what happens to the..

Child Custody.

Child custody can be the most emotive issue in a divorce, the law will decide who is the primary carer of a child, and where a child should live, quite often it..

Stop and Search Laws to be changed?

Police Chiefs are calling for a change in the 'stop and search' laws to defeat knife crime...

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top