Sam Coates, Chief Political Correspondent
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Ministers ruled out a complete ban on smacking yesterday after a government review found that the majority of parents were opposed such a move.
Kevin Brennan, the Children’s Minister, said that the law would stay as it was after officials reviewed the way in which new rules were working.
Despite calls from many organisations for a ban, Mr Brennan said that the evidence was that fewer parents now used smacking to discipline their children.
In a statement to MPs, he said: “Whilst many parents say they will not smack, a majority of parents say that smacking should not be banned outright. The Government will retain the law in its current form, in the absence of evidence it is not working satisfactorily.”
Mr Brennan’s announcement came after the Government conducted a review of the law, which changed in the 2004 Children’s Act. Section 58 of the Act removed the the defence of reasonable punishment from parents and adults acting “in loco parentis” who are charged with assault occasioning actual bodily harm, wounding or grievous bodily harm, or cruelty to a child.
At the time, ministers promised to review the law to assess whether it was working. Officials surveyed parents, children and examined other evidence for the review, which took place this summer.
Sir Al Aynsley-Green, the Children's Commissioner for England, called for a complete ban, with 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,” he argued in June.
However, Mr Brennan said: “The police have discretion to deal with cases as they consider appropriate, taking into account factors including the evidence available, the public interest and the best interests of the child. The law is clear and Section 58 has improved protection for children.
Tim Loughton, the Tory Shadow Schools Minister, said: “This is a clear victory for common sense. Clearly, if any adult 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 criminalising loving parents that use chastisement as they see fit in the interest of their child.
“There was never any public appetite for reopening this can of worms just three years after the issue was debated in Parliament.”

Sam Coates's blog about Westminster, politics and spin
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Since seeing his Poll ratings drop Brown has moderated the PC brigade. I wonder if an election is around the corner. I think Brown is getting the message that Middle England is getting fed up with overcontrolling politicians/health fascists (Primarolo on drinking too much wine is the latest to get shouted down - at least in these sort of blogs). For Steve of Perth - Orwell's 1984 is almost here in 2007 - we have cameras all over the place. Just waiting for cameras in our homes - telescreens. It's even been suggested that one will need a doctor's note to smoke (but not take crack, coke, cannabis - go figure). Maybe we should all start wearing hoodies, balaclava masks or whatever to hide our identities! Time the politicians learned they work for us rather than the other way around.
Ian , Bristol,
Dobson supports object to bottom. I suffered object to bottom abuse. It traumatized me for life. I will support hand to bottom but only in cases where other non-violent methods do not work and behavioral therapy methods have proven useless. My mother used a wooden ruler. I wanted to kill her and keep hitting her with the ruler when I was 3 yrs. old. It did NOT teach me to not do what ever it was that I did wrong. All I knew was I did something and I was being beaten. I never could remember what it was I did wrong. All I could remember was the beating. It didn't matter if mom only hit me once. It didn't matter how hard she hit either. Even at an older age I couldn't remember what I did wrong. Because of my own experiences, I feel hitting a child with any other than 1 or 2 swats with the hand is abuse. I do not believe that the Bible means a literal rod, as in tree branch.
Kyt, Ramsey , USA / MN
I agree with Tim Loughton. I wonder how i am to discipline say, a 2 year old child? Tell him to go to his room?! (I would even suggest that such punishment for an under 2 - if it can be enforced at all - is a cruel one.) Is there any 2 year old that understands "go to your room"? How do you then teach such young children to behave properly if not by a small smack? There is, as Loughton asserts, a great difference between a campaign of cruelty to a child and reasonable discipline. Any suggestion to the contrary would reflect the reason for the lack of manners one sees on our streets.
Annie, Cambridge, UK
At last a little common sense has prevailed in Wonderland. There is absolutely nothing wrong with lightly smacking a child as a last resort and is much preferable to allowing a little brat to throw tantrums, scream and pout every five minutes. My children all received an occasional smack and they have all grown up to be respectful, well-rounded adults.
Beating a child is totally different and no un-enforceable law is going to have any influence on those disgraceful people who do this, so those down the 'rabbit hole' should concentrate on finding ways to collar these miscreants rather than trying to criminalise loving parents.
Oxford Don, Oxford, UK
The remark "Clearly, if an adult is resposible for abuse and violence towards a child they need to feel the full rigour of the law" made by Tim Loughton (Shadow Schools Minister) is curious.
Is Mr Loughton aware of just how much 'vigour of the law' is being faced by those who are identified and who are known to the relevant authorities, as individuals who are abusing the children in their care?
Most identified child abusers, in this country, never see the inside of a court and are never prosecuted.
Where does The Full Vigour of The Law come into the lives of most identified child abusers?
The chilldren have been very badly let down today.
There is a lack of will to recognise how poorly they are being served by law and justice.
The identified, being abused children will continue to pay the price, sometimes with their lives, whilst the confusion and flawed 'translation' of 'reasonable chastiserment' is made able to continue to contribute and to support their suffering.
Darnthesafetynet, London, W11 1NR
I wouldn't dream of smacking my daughter or anyother human being-I love her too much to cause her physical pain, no law need tell a loving sensible parent what they can or can't do as it shou;dn't even be a considered method of child control!!
Here in Spain I have NEVER seen a child smaked or even shouted at, must be more love here?
Mes Ess, Madrid, Spain
Thank God that common sense has prevailed.The idea of equating a good spank delivered in sorrow and not in anger with physical abuse of a child has always been ludicrous.
andrew kerr, toronto,
The UK is nothing more then a nanny state with what I have just read about smacking and the increase of the driving age plan. Geez have the politicians nothing better to do then tell the people of the UK what they can and cant do down to how they raise their children? It makes you wonder what the word freedom means in the UK. I will tell you... its the new word for a country that every decision is made by a politician not by the individual.
Steve, Perth, Australia