What is the law on smacking children?

It is unlawful for a parent or carer to smack their child, except where this amounts to ‘reasonable punishment’. This defence is laid down in section 58 of the Children Act 1989, but it is not defined in this legislation.

Whether a ‘smack’ amounts to reasonable punishment will depend on the circumstances of each case taking into consideration factors like the age of the child and the nature of the smack.

However, physical punishment will be considered "unreasonable" if it leaves a mark on the child or if the child is hit with an implement such as a cane or a belt.

There are strict guidelines covering the use of reasonable punishment and it will not be possible to rely on the defence if you use severe physical punishment on your child which amounts to common assault or battery.

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