Is it legal to smack a child?
It is against the law for one person to assault another.
However, it is lawful for a parent to smack his or her child as long as the smacking does not go beyond the line of “reasonable chastisement”, otherwise, the parent could be charged with assault. While there is no clear definition of “reasonable chastisement”, Section 58 of the Children Act 2004 holds that a parent may smack his or her child as a disciplinary measure, as long as the actions do not cause actual bodily harm.
The meaning of “reasonable chastisement” depends on factors such as the child’s age and the nature of the smack. If the punishment is severe enough to leave a mark, a scratch, a bruise, minor swelling or cause mental harm, a parent could be prosecuted for assault. If an instrument is used to inflict the punishment this may also warrant prosecution.
There are strict guidelines covering the use of reasonable punishment, and it cannot be used to defend against allegations of common assault or battery.
Under Sections 18 and 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm), Section 47 of the same act (assault occasioning actual bodily harm) and under Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), a parent may be charged with a criminal offence. The amount of harm caused to the child determines the charge.
