Smacking ban: Everything you need to know about the new law in Wales

A new law has made physically punishing children illegal in Wales, in what has been described as a "historic moment" for children’s rights.

The so-called smacking ban comes into force on Monday, March 21.

It makes all types of physical punishment illegal and gives children equal protection from violence as adults, which historically has not been the case. 

However, critics of the law have accused the Welsh Government of demonising parents who "use the occasional smack to discipline their children."Here is what today's change in the law means and what people are saying about it.

• What is meant by physical punishment?

The Welsh Government website says it “isn’t possible” to list all forms of physical punishment, but confirms that it could be “anything where a child is punished using physical force.” 

This includes, but is not limited to, smacking, hitting, slapping and shaking.

• What does the law change mean?

From Monday, 21st March 2022, anyone who punishes a child using physical force will be breaking the law and risks being arrested or charged with assault.

The new law will apply to everyone – including parents or anyone responsible for a child while their parents are absent, as well as visitors to Wales.

• Hasn't it always been illegal to use violence against a child?

People may be surprised to learn that children haven’t been protected from physical punishment by law in the same way as adults. Even the Welsh Government has admitted it on its website that it has historically been a “grey area”.

This is because of the Victorian "defence of reasonable punishment", which is a legal defence that a parent or guardian could use if they were charged with assault against a child.

From March 21, this 160-year-old defence will no longer be available to use, meaning all forms of physical punishment against children could now lead to prosecution.

Physical punishment has long been illegal in schools, children’s homes, local authority foster care homes and childcare settings, but this is the first legislation of its type to cover parents or guardians specifically.

• Why has the law changed? 

The Welsh Government has cited studies suggesting physical punishment doesn’t improve behaviour in the long term and can have negative effects on children.Dr Bethan McMinn, Consultant in Community Child Health, said of the law change: “Whilst some parents smack their child because they think it will improve behaviour, a recent large scale study found this not to be the case.

"It found that physically punishing children is not effective and increases behavioural problems."No physical punishment is completely' safe', as there is a risk that incidents can escalate or get out of hand unintentionally."

Attitudes towards physical punishment have also changed significantly over the years, with smacking becoming less acceptable to many parents.

In 1998, an ONS survey conducted for the Department of Health found that 88% of respondents agreed it is sometimes necessary to smack children.In 2015, the Welsh Government asked parents with children under 6 the same question, and only 24% agreed.

• What does the UN Convention on the Rights of the Child say?

The new law brings Wales more closely in line with the United Nation's Convention on the Rights of the Child (UNCRC), which the Welsh Government formally adopted in 2004 as the basis of policy making relating to children and young people.

Article 19 of the UNCRC says children have the "right to be protected from being hurt or badly treated" and that it is the duty of the state to "help make sure children are protected."

The First Minister Mark Drakeford said: "The UNCRC makes it clear that children have the right to be protected from harm and from being hurt and this includes physical punishment.

"That right is now enshrined in Welsh law. No more grey areas."

• What happens if a parent or guardian physically punishes a child?

Anyone who physically punishes a child in Wales from today onwards:  

• will be breaking the law  

• risks being arrested or charged with assault

• may get a criminal record which is the same for any criminal offence.

• What should I do if I see a child being physically punished or if I am concerned about a child?

You should call 999 if a child is in immediate danger or if there is an emergency.

The Welsh Government has encouraged those who want to discuss concerns about a child's treatment or see physical punishment happen to contact their local social services department.

• Has the smacking ban received criticism?

Welsh Conservatives and lobbyist groups have been campaigning against the law change.

Janet Finch-Saunders MS said in the Senedd last month that “the state should not be telling people how to parent,” while Darren Millar MS, has said: “Demonising mums and dads who use the occasional smack to discipline their children is plain wrong.

"Encouraging people to shop them to their local social services or the police could have dire consequences for families."

The Be Reasonable campaign, which has campaigned against making "reasonable chastisement" a criminal offence, have argued that excessive or immoderate physical punishment is already against the law.

The campaign group's website states: "The reasonable chastisement defence cannot be used in cases where ‘actual bodily harm’ is caused - such as a bruise or more than transitory reddening of the skin. If a parent smacks their child so hard it leaves a significant mark, the parent faces a fine, a community order or up to five years in jail."

• How has the Welsh Government responded?

The Welsh Government says it "understands" the fear of parents being criminalised by the new law, but cited police data from New Zealand which "shows no rise in reports or in parents being prosecuted for ‘light smacking’" after their own law change.

It also says the law will not stop parents from physically intervening to keep a child safe from harm, or help with day to day activities such as dressing or hygiene, which is "distinct from the use of force to cause some degree of pain, discomfort or humiliation."

The Deputy Minister for Social Services, Julie Morgan MS said: “Today is a historic moment for children and their rights in Wales as we make physically punishing children a thing of the past.

"The law is now clear - easier for children, parents, professionals and the public to understand. Physical punishment is illegal in Wales and I can’t tell you how happy that makes me.”