Three years ago, a law was introduced in Scotland to protect children from all forms of physical punishment.
We campaigned for this for many years along with a range of other organisations, so it was a momentous day when the Children (Equal Protection from Assault) (Scotland) Act 2019 was passed.
Previously, the defence of “reasonable chastisement” existed in law, which meant that parents and carers charged with assaulting a child could argue that it was justified on the grounds of punishment. This defence has now been abolished in Scotland, so that children and young people have the same legal protection from assault as adults.
Physical punishment can be a difficult and emotive subject, and how we feel about it is affected by the way we were parented and the way we parent. However, research shows it is not an effective way to discipline children and, worse, carries with it a risk of harm.
In 2015, together with the Children and Young People’s Commissioner Scotland, Barnardo’s and Children 1st, we commissioned a review of the international evidence on this issue.
The report, produced by researchers at the Department of Epidemiology and Public Health at University College London, found that physical punishment was linked to increased aggression, anti-social behaviour and depression and anxiety in children, which may continue into their adult lives. Researchers also found that it carries the risk of escalation to physical abuse.
And a review published in The Lancet in 2021 made it clear that physical punishment is associated with no positive outcomes for children, but can actually make behaviour worse.
Changing the law brings clarity
A similar law came into force in Wales last year, meaning Scotland and Wales join over 60 other countries that have changed legislation to prevent physical punishment of children. However, our campaign continues in England and Northern Ireland, where it’s still legal for parents to hit their children.
Last year, Childline delivered almost 900 counselling sessions to children with concerns about physical punishment. Young people describe the physical punishment they receive, how it makes them feel, but also voice confusion about whether it’s allowed.
Young families are finding that positive parenting, which uses loving and supportive methods, is better at helping children to understand the difference between right and wrong
And that’s what legal change brings: clarity. Removing the defence means, as a society, we have decided that no form of physical punishment is permitted in Scotland.
Young families are finding that positive parenting, which uses loving and supportive methods, is better at helping children to understand the difference between right and wrong, while also making life easier for them and their children. There is now a wealth of advice available on these techniques and setting clear and consistent boundaries in a caring and responsible way.
For parenting advice and support, you can visit the NSPCC website or call 0808 800 5000.
Joanne Smith is NSPCC Scotland policy and public affairs manager
Conversation