Welsh Govt smacking ban now in force

Parents who give their child a mild smack now risk arrest and a criminal record under a Government ban in Wales which comes into effect today.

The Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 means parents will no longer be able to tap a toddler on the behind without fear of prosecution.

A financial assessment estimates that the controversial scheme will cost between £6.1 million and £7.8 million to implement and run over a five-year period.

‘Common assault’

Welsh Government advice on the legislation tells police officers: “physically punishing a child will be breaking the law and perpetrators could be charged with common assault, and/or other offences”.

Guidance for social workers also confirms that parents who “physically punish a child in their care” could be charged with “common assault” and “may get a criminal record”.

An information leaflet tells those working with children who “see a child being physically punished” or who are “concerned about a child” to contact their local social services department or to “call the police in an emergency, or if a child is in immediate danger”.

In 2018, the then First Minister Carwyn Jones told the Senedd that the proposed legislation “will not criminalise parents”.

‘Misled’

A spokesman for pro-parent group Be Reasonable said: “It is clear that the Welsh Government has misled the public over the impact of the ban.

“When evidence from NHS trusts, the police, courts and prosecutors confirmed removing the defence of reasonable chastisement would criminalise loving parents, Ministers continued to peddle the line that it would not.

“This, as we can all see now, was simply not true.”

Lack of common sense

He continued: “Let me be clear: this ban will criminalise ordinary loving parents.

“Even those who are not prosecuted will have information against them recorded on state databases, casting a shadow over their employment prospects.

“This is why we hoped that Ministers would display some common sense and pull back from implementing this ban, but they have chosen to press ahead and it will be decent families who pay the price.”

‘Unnecessary, unworkable, undesired’

Welsh Conservatives Shadow Minister for Social Services, Gareth Davies, said: “The smacking ban is an unnecessary, unworkable and undesired law that was pushed through the Senedd by those who think they know better than parents.

Davies also said that he was “very worried” about campaigns that encourage “a culture in Wales where people – and children – are encouraged to shop parents, who discipline their children in what they deem a proportionate manner, to the police”.

The smacking ban is an unnecessary, unworkable and undesired law that was pushed through the Senedd by those who think they know better than parents.

He added: “This guidance flies in the face of the assurances that ministers gave to the Welsh people and there are justified concerns that the police will come under further pressure if the new regime leads to false claims and busybodies taking advantage.”

Unpopular

In a consultation in 2019, two-thirds of individuals who responded opposed a change in the law.

Between 2019 and 2020, according to a survey conducted by the Welsh Government, public support for legislation banning smacking fell from 46 per cent to 38 per cent.

And a survey of more than 200 councillors in Wales revealed more than 7 in 10 opposed a ban, with 9 in 10 saying councils would not have the resources to cope.