Charity calls on Government to close “legal loophole” to end use of physical punishment against children

The charity revealed that in the last year, it has received triple the amount of calls to its helpline surrounding concerns about children experiencing physical punishment.

Of these calls, 45% were serious enough to require a referral to social services or the police.

The charity noted that in England, the defence of ‘reasonable punishment’ means that children are the only members of society who are not fully protected from physical assault.

More than 60 other countries have put measures in place to protect children from assault, including Scotland and Wales.

The NSPCC has therefore called on the new Government to scrap the defence of ‘reasonable punishment’ to follow Scotland and Wales - while clarifying it is not calling for a “smacking ban”.

A charity spokesperson said: “We are not calling for the creation of a new offence. We are calling for equal protection and to make the law of assault equal for both children and adults.

“This isn’t about criminalising parents, rather it’s about giving children the best possible start in life. There are much better and safer ways to respond to a child’s behaviour than through the use of physical force.”

Physical punishment is defined by the UN Committee on the Rights of the Child, as any punishment in which physical force is used, with the intention of causing some degree of pain or discomfort, however light.

A recent YouGov survey, commissioned by the NSPCC, showed rising levels of support from people in England to give children the same legal protection as adults against physical punishment, from 67% to 71% in 2024.

Sir Peter Wanless, NSPCC CEO, said: “It is hugely concerning that calls to our Helpline about adults using physical measures to punish their children have tripled in the past year.

 “Mounting evidence shows that physically disciplining children can be damaging and counterproductive. A long over-due change in the law to prevent physical punishment of children must be delivered by our political leaders.

 “The new UK Government have an opportunity to show they are committed to child protection and remove this legal anomaly which would end the use of physical punishment across the UK once and for all.”

A Government spokesperson said: “Any instance of child cruelty, abuse or neglect is abhorrent. Local authorities, police and healthcare professionals have a clear duty to act immediately to protect children if they are concerned that a child is suffering significant harm.

“We are taking action to tackle abuse by investing £45m in new multi-agency child protection teams, as part of a pilot which brings together local authorities, police, health and education to make sure that where children need protection, this happens quickly.

“Additionally, our child poverty taskforce will work across government to create a comprehensive strategy to drive down poverty.”

Lottie Winson