Smacking
WHAT IS SMACKING?
Smacking is a form of physical discipline.
WHAT CONSTITUTES SMACKING?
Smacking can include spanking and slapping.
Smacking is hitting with the palm of the hand on the body except the face.
Spanking is hitting with the palm of the hand on the buttocks or back of the thighs.
Slapping is hitting with the palm of the hand on the face.
WHAT IS THE LAW ON SMACKING FOR PARENTS OR FOR A PERSON WITH PARENTAL RESPONSIBILITY?
Under section 58 of the children act 2004 it is unlawful for a parent or for a person with parental responsibility to smack a child unless it is considered reasonable punishment.
LINK TO OUR L.I.P HELP GUIDE FOR BETWEEN WHICH AGES IS AN INDIVIDUAL LEGALLY CONSIDERED A CHILD
LINK TO GOVERNMENT WEBSITE FOR SECTION 58 OF THE CHILD ACT 2004
CAN A PROFESSIONAL CHILDCARE PROVIDER OR TEACHER SMACK A CHILD?
A childcarer or teacher cannot smack someone else’s child. It is illegal.
CAN A PRIVATE CHILDCARER SMACK A CHILD?
A private childcarer can smack a child as long as it is considered reasonable punishment if a parent has privately acquired the services of an individual for childcaring purposes and has given permission to discipline their child by smacking.
WHAT IS CONSIDERED ‘REASONABLE PUNISHMENT’ IN TERMS OF SMACKING?
There is no real definition. However, reasonable punishment will depend upon the age of the child, the severity of the smack and the reasons behind the punishment.
WHAT IS NOT CONSIDERED ‘REASONABLE PUNISHMENT’ IN TERMS OF SMACKING?
Reasonable punishment does NOT include smacking that leads to the following:
Common Assault – Common assault is smacking that leads to bruising, sweelings, redding of skin, or a black eye.
Actual bodily harm (ABH) – Actual bodily harm is smacking that leads to a minor fracture, a broken nose, minor cuts of the skin, considerable bruising, loss of consciousness, loss of a tooth, and/or a breakage of a tooth. Under section 47 of the offences against the person act 1861 a parent can be charged with a criminal offence if they cause ABH to their child.
LINK TO GOVERNMENT WEBSITE FOR SECTION 47 OF THE OFFENCES AGAINST THE PERSON ACT 1861
Grievous bodily harm (GBH) – Grievous bodily harm is smacking that leads to a broken jaw, broken bones, fractured skull, disfigurement, and /or loss of sensory function. Under section 18 and 20 of the offences against the person act 1861 a parent can be charged with a criminal offence if they cause GBH to their child.
LINK TO GOVERNMENT WEBSITE FOR SECTION 18 OF THE OFFENCES AGAINST THE PERSON ACT 1861
LINK TO GOVERNMENT WEBSITE FOR SECTION 20 OF THE OFFENCES AGAINST THE PERSON ACT 1861
Child cruelty – Child cruelty can be smacking when it is used frequently, leaves marks on the skin, or used to belittle, scare, threaten or hurt a child that does not amount to disciplining a child. Under section 1 of the children and young persons act 1933 a parent can be charged with a criminal offence if they are cruel to their child under 16 years of age.
LINK TO GOVERNMENT WEBSITE FOR SECTION 1 OF THE CHILDREN AND YOUNG PERSONS ACT 1933
WHAT DO YOU DO IF YOU WOULD LIKE TO REPORT THE SMACKING OF A CHILD THAT WAS A COMMON ASSAULT, ABH, GBH, OR CHILD CRUELTY?
You can do the following things:
1. You can contact the police – You can dial 999 if a child is at immediate risk or your child has been hit. Alternatively if there is no emergency you can dial 101 or file a report online. A child can call the police directly if they wish.
LINK TO POLICE WEBSITE TO REPORT A CRIME ONLINE
2. You can contact Crimestoppers – You can report a crime anonymously to crimestoppers. Their telephone number is 0800 555 111.
LINK TO WEBSITE FOR CRIMESTOPPERS.
3. You can contact your local authority child services – You can contact your local authority child services and report that your child has been hit.
LINK TO GOVERNMENT WEBSITE TO REPORT CHILD ABUSE TO A LOCAL COUNCIL
4. You can contact the NSPCC – You can contact the NSPCC and speak to them about your concerns and report that your child has been hit. If the child is in danger they will call the police.
LINK TO WEBSITE FOR NSPCC – CONTACT US
5. Your child can contact CHILDLINE – A child can call ‘childline’ and report their concerns that they have been hit.
LINK TO WEBSITE FOR CHILDLINE – CONTACT US
WHERE CAN YOU AS A PARENT TALK, GET HELP AND ADVICE?
You can contact NSPCC – If your child has been hit you can contact the NSPCC and speak to them about your concerns. If the child is in danger they will call the police.
LINK TO WEBSITE FOR NSPCC – CONTACT US
You can contact FAMILY LIVES – Family lives was previously known as parentline. You can speak to them about your concerns that your child has been hit.
LINK TO WEBSITE FOR FAMILY LIVES – CONTACT US
You can contact SUPPORTLINE – Supportline can provide confidential emotional support over the phone about smacking. Their helpline number is 01708 765 200. You can also email them.
LINK TO WEBSITE FOR SUPPORTLINE – CONTACT US
You can contact your local authority child services – You can call them directly or look on their website to see if there are any local support groups where you can get support.
LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL AUTHORITY
You can contact VICTIM SUPPORT – Victim support is a charity that can help individuals who have been the victim of a crime. They have a free confidential support telephone line and live chat. They are independent of the police.
LINK TO WEBSITE FOR VICTIM SUPPORT – CONTACT US
You can contact other organisations –
LINK TO OUR L.I.P HELP GUIDE TO CONNECT WITH CHARITABLE ORGANISATIONS THAT COULD HELP YOU.
You can read our help guide for where you can reach out to get help if your child is a victim –
LINK TO OUR L.I.P HELP GUIDE FOR WHERE CAN YOU REACH OUT TO GET HELP IF YOUR CHILD IS A VICTIM
WHERE CAN YOUR CHILD TALK, GET HELP AND ADVICE?
Your child can contact CHILDLINE – If your child has been hit and they need to talk to someone, they can call childline.