Parents who smack their children to face police investigation
PARENTS who smack their children will face police investigations under new laws - with the probe appearing on their record.
Cops could get involved if the Welsh Government brings in banning the punishment and parents are accused of smacking.
A letter sent by the Ministry of Justice to David TC Davies, MP for Monmouth in South Wales, said: "If the law changes and the police receive a report or a complaint that a child has been physically punished by an adult, they will investigate that report and decide what action to take, if any, based on the facts."
It also stated any parent found to be smacking their kids will have the conviction recorded by cops, and it could also show up on a DBS check.
The proposed Children (Wales) Bill has sparked a fierce debate among supporters and critics of the plans.
Be Reasonable - backed by The Christian Institute and The Family Education Trust - says the legislation would criminalise parents.
Jamie Gillies, spokesman for the Be Reasonable campaign, commented: "The letter confirms that loving parents will be investigated by the police for smacking and could be cautioned, and even prosecuted.
"Information will be seen on DBS checks by employers with potentially career-ending implications if the parent in question is say a doctor, a nurse, a teacher or a care worker.”
The Child Law Advice states:
It is against the law 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 2004, 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.
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 wounding, actual bodily harm, grievous bodily harm or child cruelty.
The Sun Online has gone to the MoJ for further comment.
Currently it is illegal for a parent or carer to smack their own child, except where it amounts to "reasonable punishment", according to section 58 of the Children Act 2004.
Hitting a child in a way which causes wounding, actual bodily harm, grievous bodily harm or child cruelty are all illegal.
And the smacking of kids by teachers, nursery workers and child care workers - which was once allowed - is now banned.
However, if somebody is employed privately by the child's parents - for example as a babysitter or nanny - they may be given permission to smack.
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Scotland became the first UK country to ban smacking last year, with it now a criminal offence for parents to physically chastise their kids.
The Welsh Government-led bill is being supported by a number of organisations including the NSPCC, Barnardo's and Action for Children.
Viv Laing, head of policy at NSPCC Cymru, previously said: "It's wrong that children in Wales have less protection from assault and that a legal defence which does not exist when an adult is hit can be used to justify striking a child.
