Smacking will become illegal in Wales next week everything you need to know about the new law – Wales Online

Posted: March 17, 2022 at 2:06 am

The so-called smacking ban comes into force in Wales from March 21. It means that all types of physical punishment against a child are illegal. The law officially the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 applies to anyone with responsibility for a child, even if it is someone caring for a child while their parents or guardian are absent. It also applies to those who are visiting Wales.

Anyone who physically punishes a child, be it through smacking, hitting, slapping and shaking or other physical assault, could risk being arrested and charged with assault. Scotland has already introduced the law and Wales is the second part of the UK to bring it in. The Welsh legislation removes a 160-year-old legal defence and provides children the same protection from assault as adults.

Currently hitting a child is common assault but if a parent or someone with parental responsibility for a child is charged with common assault against the child they could try to use the defence of reasonable punishment. From March 21, 2022, this defence will no longer be available in Wales meaning all types of physical punishment will be illegal.

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The Welsh Government say that it will "protect children and their rights, to help give them the best start in life". It also brings Wales into line with the United Nations Convention on the Rights of the Child (UNCRC). The intended effect of the act is for to reduce the use and tolerance of the physical punishment of children in Wales.

There are lots of types of physical punishment which includes smacking, hitting, slapping, and shaking but it also includes anything where a child is punished using physical force.

The law will apply to everyone not just parents but anyone who is responsible for a child while the parents are absent. It will also apply if you are visiting Wales for example on holiday. Physical punishment is already illegal in schools, childrens homes, local authority foster care homes, and childcare settings.

Anyone who physically punishes a child will be breaking the law which means they risk being arrested or charged with assault and may get a criminal record which is the same for any criminal offence.

The Welsh Government advise that if you see a child being physically punished you should contact your local social services department and "you can also call the police in an emergency or if a child is in immediate danger".

Yes one opposition group is the Be Reasonable group. They say the ban will turn "good parents into criminals" and it should be for parents to decide whether to smack their children rather than the government. They further say "police and social workers will be flooded with trivial cases leaving them struggling to stop genuine child abuse" and "the current law already protects children from abuse", adding: "It needs to be enforced, not changed."

In 2019 two-thirds of the people who responded to plans to introduce a smacking ban didn't want it introduced in Wales. There were 650 responses to a public consultation with 562 from individuals, 29 from professionals, and 59 from organisations. You can read the sort of things people said in opposition here. One included: ""I would like to bring to your attention that smacking is not abuse or a crime but love and correction. In God's wisdom the bottom is a well-padded area for a firm but not too hard a smack."

See the rest here:

Smacking will become illegal in Wales next week everything you need to know about the new law - Wales Online

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