The UK Government has confirmed that it has no immediate plans to introduce legislation banning smacking in England, despite growing calls for reform from MPs and child welfare organisations.
Education Minister Stephen Morgan stated that while the Government is “looking closely” at legal changes already implemented in Scotland and Wales, it will wait for further evidence before making any legislative decisions.
Current legal position in England
Under the Children Act 2004, it is unlawful to physically punish a child unless it is deemed “reasonable punishment”. This legal defence is assessed on a case-by-case basis, considering factors such as the severity of the punishment, the child’s age, and the circumstances in which it occurred.
However, Wales and Scotland have already abolished this defence, making any form of physical punishment against children illegal. Campaigners argue that England is now lagging behind in child protection laws.
MP Jess Asato pushes for reform
Labour MP Jess Asato has been at the forefront of efforts to remove the “reasonable punishment” defence from English law. She proposed an amendment to the Children’s Wellbeing and Schools Bill, arguing that the current legal framework leaves children in England with fewer protections than those in other parts of the UK.
Speaking in the House of Commons, Ms Asato said:
“Children in Scotland and Wales already have the same protections as adults when it comes to being hit, but we find ourselves in the peculiar situation where a child growing up just over the border in England has fewer rights.”
She questioned why a child in Berwick-upon-Tweed should have different protections from one in Bonnyrigg, just over the Scottish border.
Ms Asato emphasised that banning smacking is not about criminalising parents, but rather about providing clarity and encouraging positive parenting techniques.
“This amendment is not about criminalising parents. No-one wants to stop a parent from protecting their child who is about to reach for a hot kettle or cross a busy road.”
Support from other political parties
The Liberal Democrats have backed Ms Asato’s calls, arguing that England should follow the example set by Scotland and Wales.
Munira Wilson, the party’s education spokeswoman, said:
“We supported the law change in Scotland and Wales, and it’s long overdue in England too.”
Green Party co-leader Carla Denyer also voiced support, stating that England should not be left behind in protecting children’s rights.
Concerns over physical punishment
Ms Asato cited research from the past 30 years, which overwhelmingly shows that physical punishment does not positively impact a child’s development.
“Physical punishment is not punishment, it is abuse. We have a wealth of research to draw on from the last 30 years and not a single reputable study has found that physical punishment positively impacts a child’s development.”
She also highlighted the NSPCC’s findings, which revealed a threefold increase in calls to their child welfare hotline mentioning physical punishment in recent years.
Ms Asato warned that future generations will judge Parliament harshly if it fails to act:
“We have the evidence, we have the power, we have the time, we have the ability to act, and we should—to protect all our children.”
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Government’s response: ‘We will look at the evidence’
Despite growing pressure for change, Stephen Morgan reiterated that the Government will not be making immediate changes.
“Regarding the common law defence of reasonable chastisement, we are looking closely at the legal changes made in Wales and in Scotland, but have no plans to legislate at this stage.”
He confirmed that the Welsh Government is currently reviewing the impact of its smacking ban, with findings expected to be published by the end of 2025.
The minister stressed that the Government wants to see this evidence before making any “significant legislative step”.
No vote on the amendment
Ms Asato’s amendment was not moved to a vote, meaning no immediate change will be made to England’s laws on smacking. However, with mounting pressure from opposition parties, child welfare organisations, and campaigners, the debate over whether England should follow Scotland and Wales is far from over.
For now, the Government is taking a wait-and-see approach, but campaigners remain determined to push for stronger protections for children in England.
