Scotland's history-making stance on smacking amid calls for total ban in England
Parenting comes with a host of challenges, from when to enrol your child in primary school to levels of discipline. Mothers, fathers, and carers have different ways of telling their children off, and a controversial method is smacking.
Whether it's a light skelp to scold your youngster or an action more stern, the berating method divides opinion. This week, smacking has come to the fore again amid calls for a total ban on smacking children in England.
The Royal College of Paediatrics and Child Health (RCPCH) wants to remove a legal defence that still permits smacking as a "reasonable punishment" down south. The same clause also applies in the north of Ireland.
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The RCPCH says there is no evidence the "Victorian era punishment" has any positive effect on children's wellbeing. Consultant paediatrician and RCPCH officer for child protection, Professor Andrew Rowland, has emphasised that parents should discipline their offspring "in a way that doesn't involve violence".
Children subjected to physical punishment face over double the risk of serious physical assault and abuse, Prof Rowland said, adding: "To stop that, the first step has got to be removing the defence of reasonable punishment."
The NSPCC also urged the government to "close the legal loophole in England and end the use of physical punishment against children" after the Helpline recorded an increase of over 300 per cent in related calls last year.
So, what is Scotland's stance on smacking? In 2020, Scotland set a precedent within the UK, becoming the first to outlaw the smacking of children. Youngsters now enjoy equivalent protection against assault as adults.
The Scottish Parliament passed the changes in 2019, removing the "defence of justifiable assault" from Scots law. The country joined the global list as the 58th nation to ban corporal punishment, although the number now stands at 67.
Scotland stood as the first in the UK to take such action, with Wales following suit in 2022. John Finnie, ex Scottish Green Party MSP, who propelled the legislative amendments, hoped the ban would show children that violence is never acceptable. Maree Todd, then Scotland's Minister for Children and Young People, said the "outdated defence has no place in a modern Scotland," and added it was "never reasonable to strike a child".
Echoing the sentiment, Joanna Barrett from NSPCC Scotland said: "By making this common-sense move... we will be... taking measures to protect the most vulnerable members of society.
"This law sets out in clear terms that physical punishment should no longer be part of childhood in Scotland and it marks a momentous step in making it a country where children's rights are truly recognised, respected and fulfilled."
However, the campaign group Be Reasonable Scotland, which opposed the legislation, warned that "even the mildest physical discipline will be treated as abuse" and could result in parents facing prosecution.
"In the years ahead, loving parents who have had no contact with the authorities previously and who present no risk to their children will face stressful intervention, blacklisting on police databases and even criminal records for smacking," a spokesperson remarked. "The majority of Scots see this as an injustice, not a positive change."
Despite the calls, the Department for Education in England has indicated that the Government has no intention of amending the smacking law but remains dedicated to ensuring every child has the best start in life.
Under the Children Act 2004, hitting a child is unlawful unless considered "reasonable punishment", which is assessed individually. However, if MPs support Labour MP Jess Asato's amendment to the Children's Wellbeing and Schools Bill, introduced in January, the justification of smacking as "reasonable punishment" could be outlawed entirely in England.
