Smacking / assault
Is smacking illegal?
Under Section 58 of the Children Act 2004, it is unlawful for a parent or carer to smack their child, except where this amounts to ‘reasonable punishment’, though this is not defined in the legislation. As such, whether a smack amounts to reasonable punishment will depend on the circumstances of each case, taking into consideration factors like the age of the child and the nature of the smack. Physical punishment will be considered ‘unreasonable’ if it leaves a mark on the child or if the child is hit with an implement such as a cane or a belt.
It is illegal for teachers, nursery workers and child care workers to smack another person’s child. If a person is employed privately by a parent, such as a baby sitter or nanny, the parent may give permission for that person to smack their child as long as it is reasonable and does not amount to an offence.