In England, one critical step remains incomplete: the removal of the defence of “reasonable punishment”, a legal loophole that continues to allow physical chastisement of children in the home.
This stands in stark contrast to the legal protections afforded to adults – and to children in Scotland, Wales, and Jersey, where such defences have been abolished.
The United Nations Committee on the Rights of the Child (UNCRC) has repeatedly urged the government to explicitly prohibit corporal punishment in all settings, including the home.
Legal reform would bring England into compliance with Articles 19 and 37 of the UNCRC, which require governments to protect children from all forms of violence, including cruel and degrading punishment. The current legal position undermines these obligations and suggests that physical force against children is, in some cases, justifiable – something we would never accept in the treatment of adults.
There is overwhelming international evidence that physical punishment is harmful. It can escalate into abuse and cause long-term psychological damage.
Importantly, in other jurisdictions removing the legal defence of reasonable punishment has not led to a surge in prosecutions for minor smacking – just as adults are not routinely prosecuted for trivial physical contact. Instead, it sends a clear message: violence against children is never acceptable.
However, legislation alone is not enough. Cultural change requires clear public communication and practical support for parents. The NSPCC's Equally Protected? research emphasises the importance of awareness campaigns that explain the purpose of legal change – not to criminalise parents, but to protect children's rights. These campaigns must also provide effective, non-violent parenting strategies grounded in dignity, respect, and the best interests of the child.
Professionals have a vital role to play. From social workers and teachers to healthcare staff and community leaders, those who work with children must be confident in supporting positive parenting practices. Updated guidance, training, and accessible resources are essential, particularly for those working with harder-to-reach families.
Finally, children and young people themselves must be informed of their rights. A well-designed public campaign, supported by the media and rooted in clear, inclusive messaging, can ensure that children know they are protected, respected, and heard.
Now is the time for England to act. Legal reform to end the defence of reasonable punishment is a simple but powerful step in building a society that truly protects all children from violence – where their rights are not only recognised but realised.
