The Children’s Commissioner has called on the Government to remove the defence of “reasonable punishment” as a defence in common law and the Children Act 2004 to an allegation of assault and battery against a child.

The present availability of this defence means that a parent or carer may be able to argue that an assault against their child may be legitimate and lawful. This leaves children as the only category of people in the UK who are not fully protected against assault and battery.

The Children’s Commissioner is calling for the Children’s Wellbeing and Schools Bill to remove the defence of ‘reasonable punishment’ in England in common law and the Children Act 2004 and agrees with the United Nations Committee on the Rights of the Child that all physical punishment violates children’s right to protection from violence.

To read the full press release please see: https://www.childrenscommissioner.gov.uk/resource/equal-protection-from-assault-for-children/

Support

At Porter Dodson, we have a dedicated Child Care Team who specialise in this area of law. If you are facing allegations from Children’s Social Care that you have physically harmed your child, please contact our Child Care Team on 01935 424581.