A review of section 58 of the Children's Act 2004, which limits the'reasonable punishment' defence in cases involving alleged assaults byparents on their children, has been launched by the DfES. It honours acommitment made by former children's minister Margaret Hodge during thepassage of the Act in 2004.
The review will involve a parental opinion survey, consultation withthose working with children and families, and evidence fromprofessionals and practitioners on the practical effects of section58.
Ms Hughes said, 'The law is clear - violence against a child is illegal.In 2004, in order to protect children, Parliament legislated to removethe defence of "reasonable punishment" from offences such as actualbodily harm and child cruelty. Parliament did not go as far as to banall smacking, because it didn't want to see decent parentscriminalised.'
A report on the review is to be presented to parliament in the autumn,but Ms Hughes stressed there were no current plans to change thelegislation.
'We have no reason to believe that the current law needs to be changed,'she said.
Rob Williams, chief executive of 11 MILLION (the Office of theChildren's Commissioner for England), said, 'Children and young peopleshould have the same right to protection under the law on common assaultas that afforded to adults. There is no good reason why children are theonly people in the UK who can still be hit.
'11 million calls on the Government to repeal section 58 of theChildren's Act 2004 which provides parents with an automatic defence toacts of common assault against their children,' he said.