Criminal Law
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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.
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