Equal protection – no more, no less: Welsh Government’s consultation on the removal of the ‘reasonable punishment’ defence Sara Reid Andy James Coordinator Chair ’Sdim Curo Plant!/Children Are Unbeatable! Cymru Evidence-Based Service Provision for Children, Families and Schools 7 & 8 February 2018

About CAU! Cymru/’Sdim Curo Plant! Established in 2000 to secure a change in the law and better information and support on positive approaches to raising children. An alliance of around 150 organisations working across Wales. Large number of individual supporters including the Children’s Commissioner for Wales and leading academics. Strategy Group includes NSPCC Cymru/Wales, Barnardo’s Cymru, Children in Wales, and representatives of Royal Colleges. The early years were very succesful: ‘making all physical punishment of children illegal’ was Priority 10 in Welsh Government UNCRC Action Plan; but Wales lacked the power to amend the law. Two attempts to amend other legislation failed in 2013 and 2014. Welsh Labour and Plaid Cymru manifestos for the Assembly elections both included a commitment to remove the ‘reasonable punishment’ defence.

What’s the Welsh Government proposing? Welsh Government are consulting on how to amend the law to give children the same level of protection from assaults as adults already have. It ends on 2nd April. This is commonly (and misleadingly) known as ‘a smacking ban’. No ban is being proposed and no new criminal offence will be created. The ‘reasonable punishment’ defence in Section 58 of the Children Act 2004 will be removed in relation to common assaults on children in Wales. This defence can be claimed by parents and some others if they have done something that would be classed as common assault if done to an adult. Removing the defence would give children the same legal protection as currently available to adults. 53 states worldwide have already legislated.

Why it’s important: a human rights imperative Wide consensus among human rights bodies (European and international) that all physical punishment of children in all settings should be expressely prohibited in law. The UN Committee on the Rights of the Child has told the UK 4 times (1995, 2002, 2008 and 2016) that in order to comply with Article 19, UNCRC it must legislate to address the anomaly where children get less protection than adults in cases of common assault. Deliberately hurting children as punishment is the only form of inter-personal violence that remains legal. The current law appears to condone ineffective and damaging parenting practice. Experience worldwide shows that public education and parenting programmes alone aren’t enough.

Why it’s important: physical punishment is ineffective and can be harmful Research evidence that corporal punishment is harmful is overwhelming. The Global Initiative’s review of research covers more than 250 studies on the effects of corporal punishment. These show associations between even ‘light’ corporal punishment and a wide range of negative outcomes, including: direct physical harm negative impacts on mental and physical health poor moral internalisation increased aggression in children increased perpetration and experience of violence in adults increased antisocial behaviour poor cognitive development damaged family relationships

Research on the impacts of physical punishment on children Some of the research is covered in Welsh Government’s consultation document. For more detailed information try: Research pages of the Global Initiative to End All Corporal Punishment of Children website: http://www.endcorporalpunishment.org/ Heilmann, A, Kelly, Y, Watt, R (2015) Equally Protected?: a review of the evidence on the physical punishment of children, London, NSPCC https://www.nspcc.org.uk/globalassets/documents/research- reports/equally-protected.pdf Gershoff, E. T., & Grogan-Kaylor, A. (2016). Spanking and child outcomes: Old controversies and new meta-analyses. Journal of Family Psychology, 30(4), 453-469. http://dx.doi.org/10.1037/fam0000191

Global progress

Global progress 53 states have already prohibited all physical punishment of children

Progress in Europe across the rest of the UK and Ireland 22 of the current 28 European Union member states and 32 of the 47 Council of Europe member states have prohibited. Ireland: Legislation to remove the ‘reasonable chastisement’ defence. This came into force in December 2015. Scotland: following public consultation Scottish Government and most political parties have said that they will support MSP John Finnie’s Member’s Bill. Northern Ireland: no progress at present England: UK government have repeatedly stated that they have no plans to legislate. The UK countries aiming to change the law are going with the international flow more than the ones that aren’t.

Wales: public consultation on Welsh Government proposal Commitment to legislate was in Welsh Labour manifesto for 2016 Assembly elections (and in Plaid Cymru’s too). The public consultation is on HOW this commitment should be fulfilled. Consultation period ends on 2nd April 2018. Document recognises human rights and public health reasons to change the law. 7 consultation questions and online response questionnaire. Full consultation document, easy read and children and young people’s version: https://consultations.gov.wales/consultations/legislative-proposal- remove-defence-reasonable-punishment

Wales: public consultation on Welsh Government proposal “We now know that physical punishment can have negative long term impacts on a child’s life chances and we also know it is an ineffective punishment.” “If there is any potential risk of harm to a child then it is our obligation as a Government to take action.” “We are committed to removing the defence of reasonable punishment and we want to ensure we develop legislative proposals that are fit for purpose.” Huw Irranca-Davies, Minister for Children Ministerial Foreword

Wales: public consultation on Welsh Government proposal “Despite evidence showing that physical punishment is not effective and is potentially harmful, it is still legal due to the existence of the defence of reasonable punishment. The Welsh Government wants to remove this anomaly in the law and send the clearest message that physical punishment of children is not acceptable.” “We want parents in Wales to be confident in managing their children’s behaviour without feeling they must resort to physical punishment.” “The effect of the legislation will be to remove the defence of reasonable punishment so it is no longer available to anyone facing a charge of common assault or battery.” Consultation document

Debunking some myths and anxieties There is no current parental ‘right’ to use physical punishment and current parents are already far less likely to use such punishments. International evidence shows that following reform the most frequent outcomes are: - Reduced use of physical punishment against children - Small increase in referrals for information - Small increase in demand for supportive interventions - Changes in public attitudes towards physical punishment Opponents’ claims of mass criminalisation of ordinary parents, out- of-control children and young people and overloaded child protection services have not materialised in any other country. The significant harm threshold and legal checks and balances to prevent trivial prosecutions will still apply.

Supporting the campaign and Welsh Government’s proposal Respond to the consultation and encourage others to do the same. Engage with the issue publicly and on social media. Reassure those who are worried about the impact of reform. Give the children and families you engage with a voice in the consultation. Contribute to the consultation events. Join our campaign: via the website or email (see final slide). Let your political representatives know your views. People who are content with a change often don’t speak out!

Key messages for responses Say ‘YES’ to question 1. The law needs to be clear and unambiguous. Continued information and support is needed for parents and carers on positive approaches to raising children and managing their behaviour. Revised guidance and training for frontline professionals, building on good practice. Your experience and expertise is relevant. Welsh Government needs to develop a strategic approach to broader public education on this issue. This isn’t just about current parents. Responses must be received by 2nd April (Easter Bank Holiday).

Diolch yn fawr Thank you Email: CAUCymru@gmail.com or DimTaroCymru@gmail.com Website: www.childrenareunbeatablecymru.org.uk www.childrenareunbeatablecymru.org.uk/cy Twitter: @CAUCymru (English language) @SdimCuroPlant (Cymraeg) #EqualProtection #AmddiffyniadCyfartal