How Wales’ smacking ban will work when it comes into force – Wales Online

In six months physical punishment of children in Wales will be outlawed, with parents facing a criminal record if they continue to smack their kids.

But the controversial law change, passed in January 2020, has been criticised by campaigners after new Welsh Government guidance tells the public to call the police or social services if they see or suspect a parent smacking their child.

The criticism comes after the Welsh Government announced a multi million-pound fund to offer bespoke parenting support to those who are deemed by police to have broken the law.

Read more:Controversial 'smacking ban' will cost up to 8m to bring into action in Wales

Currently, parents are entitled to smack their children as long as it doesn't leave a red mark, but from March 21, 2022, all types of physical punishment, such as smacking, hitting, slapping and shaking, will be illegal.

A new document, published in mid-September, advises members of the public: "If you are concerned that a child is being physically punished you can contact your local social services department. You can also call the police in an emergency or if a child is in danger."

Campaign group, Be Reasonable, said the new legislation will criminalise parents, despite the Welsh Government maintaining that the law is about protecting children's rights. Simon Calvert, a spokesman for the Be Reasonable campaign, said: "They repeatedly told the public the legislation would not criminalise loving parents, yet their impact assessment says the bill for the ban could top 7.8 million, including nearly a million (964,000) for extra policing. Why do you need extra policing if you are not criminalising anything?"

But the Welsh Government said the Act did not create a new offence through removing the "archaic" 160-year old defence of reasonable punishment. The new guidance states: "Changing the law does not of itself criminalise anyone. It is an individuals actions in relation to the law that may lead them to receiving a criminal record.

"If an adult physically punishes a child in their care after 21 March 2022 they could be reported to the police. The action the police take will depend on the individual circumstances of the case. In all cases the police and/or CPS will apply two tests is there evidence to charge and is it in the public interest to do so. They will also consider what is in the best interests of the child."

During scrutiny of the bill, it was shown a small number of individuals may be charged or prosecuted where that may not happen now, the Welsh Government agreed. But as of March 2022, it would be up to police forces to determine the best course of action based on their established processes and procedures. They will have three options to take:

The third option is an alternative to going to court and will only be made available to parents who accept responsibility for their actions and are keen to engage in support. It's designed to encourage and support parents in adopting positive parenting techniques while making it absolutely clear that the physical punishment of children is wrong in all circumstances.

The Welsh Government confirmed each local authority will share an initial 500,000 fund to offer the bespoke parenting support to individuals. This will increase to 810,000 annually over the next three years, beginning in April 2022.

The cash, worth 2.9m over the four years, will be made available to fund a "highly skilled parenting support worker" in each local authority, who will take referrals from police and work with parents and carers who have agreed to engage in tailored one to one parenting support in conjunction with an out of court disposal order.

Julie Morgan, deputy minister for social services, said: "Im pleased to announce a new funding package for additional tailored parenting support as a rehabilitative alternative to prosecution in cases where the police are involved.

This support, delivered by local authorities, will be designed to encourage and support parents in adopting positive parenting techniques while making it absolutely clear that the physical punishment of children is unacceptable in all circumstances."

Scotland was the first nation in the UK to ban smacking when the defence of justifiable assault was removed from Scots law in November 2020. Once the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 come into force in Wales, it will give children the same protection from assault as adults.

Sally Holland, the Childrens Commissioner for Wales, said the "landmark" legislation for childrens rights in Wales could not come soon enough. She said: "I wholeheartedly support this legislation as there is no room for physical punishment in Wales or the long-term trauma caused to children as a result of it. Im pleased to see the Welsh Government investing in raising awareness of this new law and promoting positive parenting techniques. Physical punishment simply does not work as a means of disciplining children."

But Mr Calvert disagreed and said ministers had ignored the facts to implement a policy that was "purely ideological" and "not remotely grounded in the real world". He added: "We repeatedly warned that making actions that had hitherto been legal illegal, would criminalise parents. And everyone knows that a loving mum who taps her toddler on the back of the hand is not harming her child.

"It is not too late to stop this pernicious and costly ban that will see loving parents facing arrest or prosecution for making the kind of sensible, loving choices that our own parents made when we were little. Even if acquitted, a parent could have their livelihood wrecked as the information will be recorded on police databases and made available to employers such as schools and hospitals, stopping them from working with children or vulnerable adults."

In the run up to the change in law, the Welsh Government has embarked on an awareness campaign during the summer and will be rolling out a nationwide advertising campaign on TV and radio from Tuesday. It will also be working alongside local safeguarding partners in each region in Wales to ensure all parents and carers are made aware of the law before it comes into force next year.

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How Wales' smacking ban will work when it comes into force - Wales Online