The BMA and RCGP are among 14 health and social care organisations who have joined forces to call on the Government to outlaw physical punishment of children.
An open letter, also signed by the Royal College of Paediatrics and Child Health and Royal College of Psychiatrists, asks the Government to back a critical amendment to the Children’s Wellbeing and Schools Bill which would remove the ‘reasonable punishment’ defence in England.
The ‘reasonable punishment’ defence allows parents to justify physically disciplining their children in certain circumstances.
Yet research shows this practice increases the risk of serious physical assault and negatively affects children’s development, the open letter says.
In addition, the lack of legislative clarity can add an extra layer of complexity for professionals trying to identify cases of child abuse, it continues.
A report published by the RCPCH last year found children subjected to physical punishment are up to three times more likely to develop poor mental health and are potentially more than twice as likely to experience serious physical abuse.
Children in Scotland and Wales have legal protection from physical punishment. The law is also inconsistent in that children have less protection than adults from assault, the letter which has support from the Faculty of Public Health notes.
The Children’s Wellbeing and Schools Bill is about to move into the committee stage in the House of Lords. Baroness Finlay has proposed an amendment to eliminate the ‘reasonable punishment’ defence.
In their open letter to Government, the organisations urge members of the House of Lords to back the amendment and ‘commit to equal protection for children in England from physical assault’.
RCPCH officer for child protection and consultant paediatrician Professor Andrew Rowland said: ‘Support from healthcare organisations continues to grow for the removal of physical punishment in our society.
‘There is now strong agreement from health and social care professionals that the current laws around physical punishment of children, including smacking, are unjust, vague and ultimately dangerous.’
He added: ‘The Children’s Wellbeing and Schools Bill presents a unique opportunity to improve the lives of our most vulnerable children and young people, but it must go further.
‘It is time to bring protection from physical assault for children in line with the protection afforded to adults. Every child deserves the best possible start to life, and eradicating physical punishment of children is a key part of that aim.’
BMA public health medicine committee deputy chair Dr Tamasin Knight said: ‘Given the potential for physical punishment to damage a child’s health and wellbeing, we believe that children should have full legal protection from all forms of physical punishment.
‘As medical professionals whose role it is to support the health and wellbeing of children, the ambiguity of the ‘reasonable punishment’ defence makes it difficult to draw a distinction between lawful punishment and unlawful abuse.
‘If we are to truly safeguard children, arguably one of the most vulnerable groups in society, it is crucial that they are given the same legal protection from physical assault as anyone else.’
Dr Elaine Lockhart, head of child and adolescent faculty at the Royal College of Psychiatrists, said they strongly supported Baroness Finlay’s amendment to this Bill.
‘The physical punishment of children is not just cruel, it is dangerous: the practice has been shown to be detrimental to children’s mental health and leads to poor developmental outcomes.
‘It is vital that we eliminate any legal loophole that allows for their injury or harm by those meant to protect them.’
A Department for Education spokesperson said: ‘The landmark Children’s Wellbeing and Schools Bill represents the single biggest piece of child protection legislation in a generation. This government has prioritised significant reform of the children’s social care system, driving better child protection and information sharing between education, health, and social workers to stop vulnerable children falling through the cracks.
‘While we are looking closely at the legal changes made in Wales and Scotland in relation to smacking, we have no plans to legislate at this stage.
‘This government is committed, through our Plan for Change, to ensure children growing up in our country get the best start in life.’
