Scotland becomes first part of UK to ban smacking

Law gives children same legal protection from assault as adults

Children in Scotland now have the same protection from assault as adults (Getty/iStock)

Smacking a child is now a criminal offence in Scotland after the nation became the first part of the UK to ban physical punishment of under-16s.

Parents and carers were previously allowed to use spanking if it was considered “reasonable chastisement”, but the legislation that came into effect on Saturday removes the defence so that children now have the same protection from assault as adults.

John Finnie, the Scottish Green MSP who introduced the changes, said he hoped the smacking ban would help demonstrate to children that violence is not acceptable.

“As I have progressed my campaign over the last four years, it has been noticeable just how many people believed that striking a child was already outlawed,” he said.

“I am pleased that this will now be the case.”

Campaign group Be Reasonable Scotland, which opposed the legislation, argued that the majority of Scots deem the legislation “an injustice”.

A spokesperson for the group said: “In the years ahead, loving parents who have had no contact with the authorities previously and who present no risk to their children will face stressful intervention, blacklisting on police databases and even criminal records for smacking.”

Scotland becomes the 58th country to outlaw corporal punishment, and Wales is expected to introduce a similar ban in 2022.

The National Society for the Prevention of Cruelty to Children (NSPCC) said the legislation in Scotland is “a sad reminder that England is behind the curve” on the issue, and called on the government to introduce legal changes to protect children in England from all forms of physical abuse.

Anna Edmundson, the head of policy and public affairs at the children’s charity, said: “It is not right that in this part of the UK some of the most vulnerable people in our society have less protection from harm because those charged with assaulting a child can use an outdated defence of ‘reasonable chastisement’.

“Physically assaulting a child is never justifiable, and we know from the children and young people reaching out to Childline that it leaves them feeling scared, lonely, helpless and confused.”

A Department for Education spokesperson told The Independent that the government does not condone violence towards children and has “clear laws to deal with it”, but added there are no plans to legislate.

Up to 80 per cent of UK parents have used physical punishment to discipline children, research from 2015 suggests.

Studies have shown smacking causes distress in children and it does not always prevent further bad behaviour.

One 2017 study found adults who had been smacked as children were more likely to have mental health problems and experience problematic alcohol and drug consumption.