We tell the story of one woman’s experience of being hit – and deliver the latest views from the Senedd
SMACKING children is now illegal in Wales – and Julie Morgan MS, the Deputy Minister for Social Services, has spoken in support of the new legislation.
The Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 came into force on Monday, March 21 – over two years after it was passed.
Welsh Labour’s Julie Morgan MS said in the Senedd yesterday: “Children now have legal protection from all forms of violence.
“The law sends a message: no form of physical punishment is acceptable in Wales.
“Terms like ‘light smack’ or ‘loving smack’ make light of physical punishment in a way that would be totally unacceptable when applied for adults.
“After decades of campaigning, I’m glad that children now have the same protection from physical assault as adults.”
Previously, ‘reasonable punishment’ could be quoted as the sole defence to hitting a child. Now, this has been abolished and it is now illegal to smack, hit, slap, shake or physically punish a child.
Offenders could face arrest, an assault charge and a criminal record. Julie Morgan also noted that recommendations would be followed to offer out-of-court support to parents to prevent further offences and avoid legal action.
Anna’s story
Anna* is in her 20s and lives in Cardiff. She told The Cardiffian: “If my sister and I were bickering we always used to get hit or slapped by our dad. It didn’t seem like a big deal, because that’s how it always was.
“But I think there was a period where it became more violent. It was when he was angry or upset at us.
It didn’t seem like a big deal, because that’s how it always was.
“A lot of people say they were smacked as a child and it didn’t affect them, and maybe that’s true, but in my case I feel like what started as supposedly a punishment was actually a thin shield for my dad who could be angry and violent. It’s one of the reasons I went to therapy.
“I would be really happy when my dad went away for his job because if me and my sister were fighting, Mum would put us on the naughty step. I remember sitting on those stairs thinking ‘oh, this is better’.”
Wales joins Scotland in banning the smacking of children. The Scottish Parliament voted to introduce a ban in October 2019, which became law in 2020. Jersey has also banned smacking.
Hitting children is still legal in England and Northern Ireland – but a survey by the NSPCC found that two in three adults in England want a ban introduced. The NSPCC has also called for a ban in Northern Ireland.
Differing views
Josh Owen Morris, from Bangor, told The Cardiffian: “Never hit my kids, and I’ve got three. Never will.
“I wouldn’t hit someone on the street, so why would it be acceptable to hit a child?
“It doesn’t work, and there’s so much more information out there for parents on strategies for disciplining kids.”
But there have been opponents of the new law – including Welsh Conservative MS Janet Finch-Saunders, who said in the Senedd: “It is no secret that I fully disagree with the Act and I actually condemn any attempt to prioritise the criminalisation of good, loving and caring parents.
“With this Act, this Welsh Labour government is now reaching further into the private lives of families, creating a nanny state where Welsh Government think they know best when it comes to protection and safeguarding of our children.”
She cited the cost of the new legislation to taxpayers as having increased since initial projections and now being between £6m and £8m. She suggested that other services for young people, including mental health provision, should be prioritised.
She said: “I can tell you locally, we have children that are falling through the safeguarding net because our departments don’t have the resources now – this is just going to compound pressures.
“I am telling you here and now: this will backfire. It’s a shame that our children are being treated in this way.”
Julie Morgan responded: “I thank Janet Finch-Saunders for that contribution. I really wonder who she thinks that she is speaking for. I think you’re on the wrong side of history, Janet. It cannot be right for a big person to be able to hit a little person.”
She also noted that expenditure for the next three years was projected to be £3.44m, which would cover awareness-raising campaigns and out-of-court support for parents.
Will the law do enough?
Some are worried about whether the law will do enough to prevent children being hit. Anna said: “In my case, it was so far beyond what could be considered reasonable punishment and yet nothing was ever done.
“I think it’s great that they’ve changed the law but you can’t help but wonder what practical steps are in place to safeguard children. Who’s responsible for reporting that?
“But it does give people more structure to rely on if they do notice a child suffering.”
Plaid Cymru spokesperson Heledd Fychan MS noted: “If you speak to the children as I have done recently, they actually know this is coming into effect. They welcome it.
“Any increase in awareness that the child has rights has to be welcomed… they know that they finally have rights, and that’s not true everywhere in the world.”
She also hit out at Conservative MS Gareth Davies’ widely-circulated comments that the ban would create a “Stasi culture,” saying this was “historically ignorant, but also insulting to victims of the Stasi regime”.
The Welsh Government will be required to publish post-implementation reports three and five years after the Act’s commencement, or as soon as practicable after those points.
The Welsh Government’s Parenting. Give it time service gives parenting advice to encourage alternatives to physical punishment.
More information about the law and other support services can be found here.
*Anna’s name has been changed for this article.
