Last week, children's secretary Ed Balls wrote to Sir Roger Singleton, head of the Independent Safeguarding Authority, asking for advice on whether the law should be clarified or changed with regard to physical punishment in part-time educational settings (News, 28 January).
In his reply Sir Roger said, 'I do think there are issues that warrant further exploration', adding that these are 'complex' and will 'require more detailed examination'.
Sir Roger did not wish to 'criminalise' parents who 'administer a mild smack', but questioned whether further limitations should be imposed on organisations such as Sunday schools or madrassas.
Corporal punishment is banned under the Education Act 1996 in all maintained schools and in all full-time independent schools.
However, Sir Roger said, 'Those teaching in part-time educational and learning settings such as Saturday and Sunday school teachers may be acting in loco parentis and therefore able to plead the defence; possibly, depending on circumstances, even youth workers, music teachers and home tutors might also be able to plead the defence (of reasonable chastisement).'
The ban on smacking does not apply to schools where lessons are taught for fewer than 12.5 hours per week to children under 12 and 15 hours for children over 12, for at least 28 weeks a year.
Liberal Democrat schools spokesman David Laws has been trying to get the law tightened and wants a new clause put in the Children, Schools and Families Bill. He said, 'The Government needs to legislate to protect children - not leave an opt-out simply because it fears some ethnic or religious backlash.'
Sir Roger is to report back with his findings by the end of March.