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How one smack could land a parent in court

by Stephen Doughty, Social Affairs Correspondent, Daily Mail July 5, 2004

The right of parents to punish their children is to be curtailed with strict curbs on smacking, it emerged yesterday. Tony Blair is ready to approve reforms that will mean those who cause any physical harm to youngsters - including bruising, scratching or simply reddening their skin - could face prosecution.

The restrictions on smacking are seen by Ministers as a compromise aimed at satisfying the 100 Labour backbenchers who want any physical punishment of children outlawed.

Cynics, however, said that by 'caving in' the Government was interfering with the parents' rights to bring up their children. They warned that the planned legislation would be a 'charter for police and social workers to delve into the lives of law-abiding families'.

The Prime Minister's agreement to an anti-smacking law will end a political battle in which the Labour hierarchy has been gradually retreating from early pledges to preserve the traditional rights of parents to punish their children.

Mr Blair will allow Labour peers a free vote today on an amendment to the Children's Bill put forward by Liberal Democrat Lord Lester. It will undermine the 144-year-old legal definition of the right to smack - the rule that parents may use 'reasonable chastisement'. The Lester amendment will say parents will lose the defence if they inflict actual bodily harm on their child. That means they will be liable to prosecution if they cause bruising, scratching or reddening of the skin.

Lord Lester made clear he believes his amendment will also cover mental or psychological harm to a child. He said: "Parents will still be able to smack their children if the don't harm them physically or mentally. When a parent smacks a child they are to some extent losing control."

Senior Ministers confirmed Government backing for the amendment. Health Secretary John Reid said: "I think people want this middle road between not constraining parents too much from bringing their own children up, but on the other hand making sure that the law can't be used for some of the terrible violence we have seen against kids recently. That's why I believe most would think this compromise solution sensible," he told BBC TV's Breakfast with Frost."

The campaign for a full ban on smacking has the support of 100 Labour MPs and another 100 peers. But critics say the 'terrible violence' against children cited by campaigners is nothing to do with mild smacking by responsible parents. Tory spokesman on the family, Theresa May, said a smacking law would make life more difficult for the law-abiding parents.

She added: "It should not be up to the Government to tell parents how to bring up their children. Abuse of children is totally wrong, but reasonable control of children is a different matter."

Norman Wells, of the pressure group Family and Youth Concern, said: "The current law provides children with adequate protection for any excesses or unreasonable punishment. It strikes a balance between protecting children from abuse on the one hand and protecting families from damaging intrusion by the state on the other. My fear is that if the law is changed it will lead to the diversion of child protection resources from children in real danger and lead social workers and police to the investigation of well-functioning families."

Author Lynett Burrows, who has investigated the small number of professional activists who have led the campaign against corporal punishment for two decades, said: "There's nothing the Government can do to stop smacking. It will go on covertly in the home and attempts to prevent it will bring in the methods of the police state, as they have in Sweden, where social workers regularly interfere in family life. We are likely to see the things that happen in Sweden, such as children being questioned at school over how they are treated at home. There will be the threat of removing children from the family home."

The campaign for a smacking ban has been led by the Children are Unbeatable Alliance, a small grouping led by veteran activist Peter Newell, which is financed by charities including the NSPCC and the National Children's Bureau - themselves heavily reliant on funding from the taxpayer.

Mr Blair and his Ministers have gradually retreated from their position in the late 1990's that parents 'must keep the right to smack'.

The right of parents to punish their children is to be curtailed with strict curbs on smacking, it has emerged. Read the full report , then please answer this question:

Do you agree the law should be changed to prosecute parents if they smack their child?

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