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reasonable punishment and smacking

What is the law on smacking children?

Under Section 58 of the Children Act 2004, it is unlawful for a parent or carer to physically punish a child, except where it may be seen as ‘reasonable punishment’. However, the law does not define what is considered ‘reasonable’.

Whether a physical action is deemed reasonable depends on the situation, including the child’s age and the nature of the punishment.

Physical punishment is likely to be considered unreasonable if:

  • It leaves a mark on the child.
  • It involves using a fist, closed hand, or an object (e.g. belt, cane).
  • It becomes more than an isolated incident.

section 58

Section 58 of the Children Act 2004 restricts the use of the defence of ‘reasonable punishment’. This defence cannot be used if a parent, carer, or anyone working with children is charged with:

  • Wounding or causing grievous bodily harm (Offences Against the Person Act 1861, Sections 18 & 20)
  • Assault occasioning actual bodily harm (Section 47 of the same Act)
  • Cruelty to a person under 16 (Children and Young Persons Act 1933, Section 1)

This means that any physical harm that results in serious injury cannot be justified as reasonable punishment. Causing such harm may result in criminal charges.

Physical Punishment

Physical punishment or chastisement can seriously impact a child’s physical, emotional, and mental wellbeing.

While it might feel like a quick response to challenging behaviour, such as disobedience or biting, smacking does not teach a child how to behave.

Instead, it:

  • Sets a poor example of how to manage strong emotions;
  • May encourage children to use aggression to solve problems or get what they want;
  • Can lead children to hide their feelings or lie to avoid punishment;
  • Often worsens defiant behaviour, making discipline more difficult over time;
  • Creates resentment, anger, and long-term strain on family relationships.

Physical punishment—such as smacking, slapping, pushing, or hitting with objects—can result in:

  • Physical harm: bruises, cuts, swelling, scratches, reddening of the skin, or even broken bones;
  • Emotional and mental harm: anxiety, isolation, low self-esteem, reduced confidence;
  • Increased behavioural issues: aggression, anti-social behaviour, or violence toward others;
  • Long-term effects: a higher risk of violent or criminal behaviour in adulthood;
  • Damaged relationships: long-lasting resentment and fractured parent-child bonds.

There is no justification for causing pain to a child. Any form of physical punishment that leaves a mark is classed as assault and is illegal under Section 58 of the Children Act 2004.

can school staff smack my child?

It is against the law for teachers, nursery staff, or childcare professionals to physically punish someone else’s child. However, if an individual is privately employed by a parent, such as a babysitter or nanny, the parent may give permission for physical discipline. This is only lawful if the punishment is considered reasonable and does not constitute a criminal offence.

 

how to discipline without smacking?

There are effective and nurturing ways to guide children’s behaviour without using physical punishment. Here are some strategies:

  • Show love and warmth – Consistent affection builds trust and helps children feel secure.
  • Set clear and simple boundaries – Children need to know what’s expected of them.
  • Be a positive role model – Children learn by watching how adults behave.
  • Praise positive behaviour – Encouragement helps reinforce good choices.
  • Ignore minor misbehaviours – Not giving attention to unwanted behaviour can help reduce it.
  • Focus on actions, not the child – Critique the behaviour, not their character.
  • Reward with affection – Hugs, smiles, and kind words are powerful motivators.
  • Use distraction and humour – Especially helpful for younger children to redirect behaviour.
  • Offer choices and involve them in decisions – Giving some control helps children feel respected.
  • Use calm, constructive consequences – Natural consequences, time out, or loss of privileges are more effective ways to manage behaviour.