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

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.

• Related news: Government reveals preferred candidate for next England children's commissioner

• Blog: Calls for English smacking ban

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."

It is inconceivable that anyone in the children's rights movement would not have a view on the repeal of the 1860 'reasonable chastisement' defence. Incisive question from @DSimmonds_RNP elicited that government's choice of Children's Commissioner does not yet have a view. 1/8 pic.twitter.com/r0t7IY0Bvu

— Article 39 (@article_39) December 15, 2020

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

If "the most important thing is safeguarding children" then how does the new @ChildrensComm not understand that safeguarding children involves not hitting children https://t.co/0IKdcEBqE7

— TACT Foster & Adopt (@TACTCare) December 15, 2020

I feel like I should be surprised that there isn't more anger (and media coverage) of next Children's Commissioner's failure to support a ban on smacking children.

— Martin Barrow (@MartinBarrow) December 16, 2020

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

Excellent question by @DSimmonds_RNP to Govt’s preferred candidate for Children’s Commissioner,Rachel de Souza. Listen to the deeply depressing non-answer. Then look at the statutory criteria for the role in Part 1,Children Act 2004. I had concerns before; they’re now compounded. https://t.co/6Q79BGQVBa

— Caoilfhionn Gallagher QC (@caoilfhionnanna) December 16, 2020

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.