Fewer than five people have been referred to the Crown Prosecution Service (CPS) for allegedly breaking Wales’ new law banning smacking. The legislation, which came into force a year ago, has also seen more than 50 people referred to the out-of-court parenting service.
The Welsh Government’s Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 new law provides children in Wales with the same protection from assault as adults. In the first six months after it came into force in March 2022 there were 55 referrals for the out-of-court parenting support across Wales by the police, the Welsh Government confirmed.
The number of those referred to the CPS by the police can’t be published because it risks identifying those involved but a spokesperson said the figure was less than five. The Welsh Government could not confirm whether those referred to court were prosecuted or what the outcome was. You can read more about how the law on smacking works here.
In cases where the police decide it is appropriate to offer an "out-of-court disposal" there is an option of referring people to the court parenting scheme for help to avoid re-offending. Under the out-of-court referring service any eligible parents or carers who are found to have broken the law can get help from parenting professionals. The Welsh Government provided £400,000 preparatory funding to councils together with a package of £2.4m between 2022-23 and 2024-25 to provide parenting support under the new out-of-court parenting support scheme. Those working with the parents referred to the scheme said the new law gives clarity in what was previously a grey area regarding physical punishment of children.
Sue Layton, chairperson of the National Parenting and Family Support Strategic Leads Network in Wales and parenting coordinator for Gwynedd, said: “The new legislation has been invaluable in bringing the impact of physical punishment to the fore and the additional resources provided to local authorities for bespoke parenting support has been welcomed. Lines are not as blurry as before. It’s definite and it’s no longer acceptable to physically punish a child in Wales.”
Gwawr Miller, parenting support officer for the Children’s Wales Act at Gwynedd Council, said that since the law came into force those working with parents have been successful in getting them to think of other forms of discipline that don't involve physical punishment. “Rather than looking at generic punishment we look in more detail on their own experiences of physical punishment and bring it the forefront of their mind. The law has changed and hitting a child is no longer acceptable but we need to explore how they were parented to understand how they parent their own children," she said.
“In almost all cases it is a loss of control, the stress level, everything that was going on within the family. A lot of factors are at work but, to reach the point of using physical punishment, more often than not it is parents losing control of a situation. In doing so it becomes a real knock to their confidence and they really question their ability to parent. It’s a learning curve for some. It’s not that long ago that teachers were using the cane or slipper and many didn’t have a positive role model at school or at home.”
Julie Morgan, deputy minister for social services and a driving force behind the change in the law, said support being offered has made a difference in attitudes to smacking. “The law was the catalyst the sector needed to be able to provide clarity and practical support and every year that passes more and more children and families will see the benefit of the legislation and the support it has given children’s rights in Wales.”
The law came into force on March 21 last year. The change in law does not create a new offence but removes a 160 year-old legal defence for parents. The effect of this is that parents may be charged with, or prosecuted for, a criminal offence. The Welsh Government has said the aim is not to criminalise people but to protect children.
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