The Children’s Commissioner for England led calls for a complete ban on smacking children yesterday after ministers announced a review of the law.

The Government has re-opened the controversy over how parents should discipline their offspring less than three years after MPs voted against an outright ban.

The law was changed in 2004 to prevent anyone claiming that they had administered a “reasonable punishment” if it left visible bruising. Moves to outlaw any “hitting” of youngsters were rejected, however.

Beverley Hughes, the Minister for Children, said that parents and professionals would be consulted this summer over how present rules were working. The consultation will include polling to assess whether attitudes to smacking – and the limits of state intervention in parenting – have changed in recent years.

Sir Al Aynsley-Green, the Children’s Commissioner for England, called for the “reasonable punishment” exemption to be scrapped. “Children and young people in England should have the same right to protection under the law on common assault as that afforded to adults – there is no good reason why children are the only people in the UK who can still be hit,” said a spokesman for his office.

Children’s charities and MPs pressing for a change in the law also welcomed the review. Greg Pope, a Labour MP for Hyndburn, said: “There has been a sea change in both public and parliamentary opinion over the last few years and I very much hope that this review will lead to another vote on this issue this autumn.”

The Conservatives, however, accused the Government of needless interference. Tim Loughton, the party’s spokesman on children, said: “Even though this issue was debated barely three years ago, Labour ministers cannot resist meddling in how parents look after their children.

“Clearly, if anybody is responsible for abuse and violence towards a child they need to face the full rigour of the law. But there is a world of difference between that and a loving parent using chastisement as he or she sees fit in the interest of the child.

“Bringing up children is a big-enough challenge already without opening up this can of worms, which is all about the nanny state rather than trusting parents to bring up their children as they see fit.”

Alan Johnson, the Education Secretary, has said that MPs would be given a free vote if the issue was debated again while Harriet Harman, another candidate for Labour’s deputy leadership, has explicitly allied herself to the campaign to ban smacking.

Ministers were playing down the prospects of a change in the law. Ms Hughes said: “Parliament did not go as far as to ban all smacking because it didn’t want to see decent parents criminalised. We have no reason to believe that the current law needs to be changed. However, in 2004 we made a proper commitment to examine the practical consequences of the changes to the legislation and this consultation is fulfilling that commitment.”

The eight-week consultation was begun yesterday and a report on its conclusions will be laid before Parliament in the autumn.

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