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.”

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