A slap, even a kick 'not wrong in chastising kids'
By Beth Hale, Daily Mail
Published: August 01, 2009, 23:05
London: Parents can slap and even kick their children when chastising them, a senior judge said on Saturday.
The remarks at the Appeal Court are the first time the courts have drawn a line at which the "reasonable" point of punishing children becomes physical abuse.
Lady Justice Hallett said: "Reasonable physical chastisement of children by parents is not yet unlawful in this country.
"Slaps and even kicks vary enormously in their seriousness. A kick sounds particularly unpleasant, yet many a parent may have nudged their child's nappied bottom with their foot in gentle play, without committing an assault.
"Many a parent will have slapped a child on the hand to make the point that running out into a busy road is a dangerous thing to do."
She was ruling in a case in which a local authority had wanted to take three children into care after allegations of abuse.
The judges upheld a lower court decision that while one child had been slapped and kicked, she had not suffered "significant harm" and the children could stay with their parents.
Lord Justice Ward said no marks had been seen on the child and she appeared to be well nourished, well cared for and with close attachments to her parents. Ruling, he said: "The harm must, in my judgment, be significant enough to justify the intervention of the State and disturb the autonomy of the parents to bring up their children by themselves in the way they chose."
Under current law it is illegal for a parent to hit a child if it leaves a bruise. However, a lighter smack or "reasonable chastisement" is allowed. But those who want smacking banned said the judge's comments underlined why a law change was needed.
By Beth Hale, Daily Mail
Published: August 01, 2009, 23:05
London: Parents can slap and even kick their children when chastising them, a senior judge said on Saturday.
The remarks at the Appeal Court are the first time the courts have drawn a line at which the "reasonable" point of punishing children becomes physical abuse.
Lady Justice Hallett said: "Reasonable physical chastisement of children by parents is not yet unlawful in this country.
"Slaps and even kicks vary enormously in their seriousness. A kick sounds particularly unpleasant, yet many a parent may have nudged their child's nappied bottom with their foot in gentle play, without committing an assault.
"Many a parent will have slapped a child on the hand to make the point that running out into a busy road is a dangerous thing to do."
She was ruling in a case in which a local authority had wanted to take three children into care after allegations of abuse.
The judges upheld a lower court decision that while one child had been slapped and kicked, she had not suffered "significant harm" and the children could stay with their parents.
Lord Justice Ward said no marks had been seen on the child and she appeared to be well nourished, well cared for and with close attachments to her parents. Ruling, he said: "The harm must, in my judgment, be significant enough to justify the intervention of the State and disturb the autonomy of the parents to bring up their children by themselves in the way they chose."
Under current law it is illegal for a parent to hit a child if it leaves a bruise. However, a lighter smack or "reasonable chastisement" is allowed. But those who want smacking banned said the judge's comments underlined why a law change was needed.
