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2004 Childrens Act) which took effect in early January which limits this form of punishment to mild smacking, but any hitting or smacking which results in lasting bruises, cuts, scratches, or
swellings can now face up to 5 years in jail for child abuse.

From 2004 Childrens Act:

58 Reasonable punishment (1) In relation to any offence specified in subsection (2), battery of a child cannot be justified on the ground that it constituted reasonable punishment.
(2) The offences referred to in subsection (1) are—
(a) an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);
(b) an offence under section 47 of that Act (assault occasioning actual bodily harm);
(c) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).
(3) Battery of a child causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.
(4) For the purposes of subsection (3) “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.

http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/4175905.stm

Published: 2005/01/15 17:23:17 GMT

New smacking law comes into force

Parents in England and Wales who smack children so hard it leaves a mark will face up to five years in jail under new laws in force from Saturday.
Mild smacking is allowed under a "reasonable chastisement" defence against common assault.

But any punishment which causes visible bruising, grazes, scratches, minor swellings or cuts can face action.

The law is flawed and there should be a total ban on smacking, according to child protection charity the NSPCC.

It said the new law will only confuse parents and leave children still at risk of abuse.

" It should be as wrong to hit a child as an adult"
Mary Marsh
NSPCC

NSPCC boss Mary Marsh said: "There is a risk parents may choose to hit children on parts of their body where injury is less visible, such as the head, which can cause serious harm.

"Defining acceptable ways to hit children should become a thing of the past.

"It should be just as wrong to hit a child as it is to hit an adult."

The measures were passed in the Children Act last November, when the government suffered a rebellion by 47 Labour MPs who wanted a total ban on smacking.

A similar law is already in operation in Scotland.

A spokeswoman for the Department for Education and Skills said the new laws were a "common sense" decision to balance child protection with parents' autonomy.

She added: "Abuse is abuse and should be prosecuted. We are not going to tolerate criminal violence against children."

Supporters of smacking say it is an essential part of parents being able to discipline their children.

The head teacher of the Christian Fellowship School in Liverpool, Phil Williamson, said the new rules would be impossible to police.

"The law doesn't say how big the mark has to be, how long the mark has to last for.

"It also ignores totally black children who don't mark and don't go red. It's just a ridiculous law," he said.

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On 15 June 2007, the Government launched a narrowly-focused consultation to review the "practical consequences" of the current law allowing parents and others to justify common assault of children as "reasonable punishment" (section 58 of the Children Act 2004).

The practical consequences of section 58 are clear: parental confusion, professional uncertainty, legal ambiguity and policy inconsistency.

However, most importantly, section 58 is unjust and fails to satisfy human rights obligations under United Nations and European agreements.

The Alliance is disappointed that these human rights and equality considerations are not centre-stage in the Government’s review, but will continue to press this principled case in the review process and all other arenas.

Sir William Utting, spokesperson for the Alliance, said: "We do not need a review of the current law to know that it is unjust and unequal. However, we welcome any opportunity to show that the UK should satisfy human rights obligations by modernising the law on assault to give children the same protection as adults."

Colette Marshall, UK Director of Save the Children, said: "Hitting children, like hitting anyone else, is unacceptable. Save the Children welcomes the opportunity for the UK government to meet its obligations under the UN Convention on the Rights of the Child by modernising this law."

http://www.childrenareunbeatable.org.uk/

Sources:

Coping with Post-Trauma Stress
by Frank Parkinson
ISBN 0-85969-843-2

Assertiveness, Step by Step
by Dr Windy Dryden & Daniel Constantinou
ISBN 0-85969-925-0

How to be a Great Dad
by Ian Bruce
ISBN 0-572-03134-3

Difficult Conversations
by Anne Dickson
ISBN 0-7499-2675-9

Toxic Parents
Dr Susan Forward
ISBN 0-553-05700-6