It is unlawful for a parent or carer to smack their child, except where this amounts to "reasonable punishment". This defence is laid down in Section 58 of the Children Act 2004, but is not defined in this legislation. Whether a smack amounts to reasonable punishment will depend on the circumstances of each case. However, physical punishment will be considered unreasonable if it leaves a mark or if the child is hit with an implement such as a cane.
Do you have any questions?
Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, The National Education Line on 0845 345 4345, Or visit www.childrenslegalcentre.com.
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