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Concern over next children’s commissioner's failure to back smacking ban

2 mins read Social Care Health
Children’s rights campaigners have raised concerns after the next children’s commissioner for England failed to commit to a complete ban on smacking.
Rachel de Souza deemed too many searches 'unnecessary, unsafe and under-reported'
Rachel de Souza deemed too many searches 'unnecessary, unsafe and under-reported'

While smacking children is illegal, in England parents can claim a defence of “reasonable punishment”. In Wales and Scotland this defence has been removed and condemned by children’s commissioners in both regions.

But in giving evidence to the House of Commons education select committee earlier this week, academy trust founder Dame Rachel de Souza was unable to give a view on a ban on smacking.

Conservative MP David Simmonds asked De Souza whether she would follow the lead of the children’s commissioners for Wales and Scotland and seek a complete ban in England.

But De Souza, who is a former head teacher and current chief executive of the academy chain the Inspiration Trust, said: “I need to look into this properly.”

She added: “At the moment my instinct is that the most important thing is safeguarding children and we need to make sure all children are safeguarded and then any questions need to flow out of that and I’d need to look at that to give you a proper answer.”

Simmonds urged de Souza to have “a view on it soon”.

He said: “Given it has been one of the central planks of the children's commissions in Wales and Scotland and those devolved administrations and children’s commissions of international organisations, having a view on it soon would be a positive thing.”

Children’s rights group Article 39 has expressed concern over De Souza’s lack of opinion on smacking.

The charity’s director Carolyne Willow said: “This is the only statutory, national post whose sole function is to promote and protect the rights of children, in accordance with the United Nations Convention on the Rights of the Child and with complete independence from government. The children’s commissioner has a particular duty to champion the rights of children in care and others living away from home. 

“I found the pre-hearing dispiriting in that at no point was it evident that the government’s preferred candidate is passionate about children’s rights, has a track record of standing with children who have really tough lives or is able to constructively challenge government policy when this is necessary for the benefit of children.

"The Court of Appeal has recently confirmed the government must consult the children’s commissioner when seeking views on legislative and policy changes, so it is of absolute importance that the next postholder is able to meet the legal duties and powers of this unique role."

Fostering charity TACT has also questioned the comments, saying that de Souza has failed to “understand that safeguarding children involves not hitting children”.

Elsewhere, barrister Caoilfhionn Gallagher referred to de Souza’s response to Simmonds question as a “deeply depressing non-answer”.

Earlier this month education secretary Gavin Williamson announced that de Souza had been appointed as the next children’s commissioner for England when Anne Longfield steps down on 28 February.

She was made a Dame in 2014 for services to education.


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