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jelly baby

Is it illegal to smack a child ?

jelly baby, 2 June, 2008 at 17:44 Posted on Off Topic Posts 0 12

I don't want to start a debate as to whether it is right or wrong to smack a child, I am trying to find what the legal view is. Are there any police, legal, social work type people that could give me an answer - or anyone else who knows really.

It follows on from a discussion with a "friend" which resulted in the comment "it's different for me because I'm a mum".

12 replies

Latest activity by alleroo, 2 June, 2008 at 18:33
  • kierenthecommunity
    Beginner May 2005
    kierenthecommunity ·
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    It depends what you mean by smack tbh. there is such a thing as legal chastisement. i'll see if i can find you a link...

    but punching or open hand slapping...no. mummy or no mummy

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  • alleroo
    Beginner January 2007
    alleroo ·
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    As far as I'm aware it's not illegal to smack a child, but the use of excessive force/leaving a mark would possibly be seen as child abuse

    some advice

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  • Ladelley
    Beginner August 2008
    Ladelley ·
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    I believe that it is legal to smack a child. It is illegal to smack a child hard enough that it leaves a mark.

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  • deliciousdevilwoman
    Beginner November 2007
    deliciousdevilwoman ·
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    Smacking has not been banned-yet. So reasonable,physical chastisement, is still within the parameters of the law. Using any implement, fists or open palm slap to face,or causing injury (swelling bruising is not) then the adult could be charged with assault.

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  • jelly baby
    jelly baby ·
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    Thanks everyone. Keiren, would be really interested to read the "official" thingy if you can find it.

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  • kierenthecommunity
    Beginner May 2005
    kierenthecommunity ·
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    i'm struggling. because there's no actual law saying you can smack a child, there isn't really anything to say you can't. and googling reasonable chastisement brings up lots of biblical references. in the true sense of the word incidently ?

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  • alleroo
    Beginner January 2007
    alleroo ·
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    Section 58 of the 2004 children act removes some defense under 'reasonable chastisement" in cases of actual bodily harm

    link

    and another

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  • alleroo
    Beginner January 2007
    alleroo ·
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    Here's the 1989 act

    and the 2004 act

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  • Hoobygroovy
    Hoobygroovy ·
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    Tsk. Have you turned American, roo?

    I'm a bit confused by the use of the phrase 'open palm slap' or 'open hand slap'. Is there another kind of slap and, if so, why is it deemed less abusive?

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  • alleroo
    Beginner January 2007
    alleroo ·
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    Bah, can't type today - I've got the dumb

    I'm guessing it's been worded like that to make a distinction between an open handed 'slap' and a closed fist 'punch' or other type of strike, avoiding ambiguity

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  • kierenthecommunity
    Beginner May 2005
    kierenthecommunity ·
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    does sound a bit daft doesn't it? i can't think of any other way to slap either tbh...

    i think it means a real wallop where you're intending the recipient to feel the impact of the whole of your hand. as opposed to a tap on the backside or something iyswim.

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  • Hoobygroovy
    Hoobygroovy ·
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    Well it failed because it definitely ambiguited me. (brand new word, copyright Hooby 2008) ? To me a slap is by its very nature open-handed. And is a smack something altogether different again? It's all very complicated, no wonder the law is a bit fuzzy.

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  • alleroo
    Beginner January 2007
    alleroo ·
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    The legal definition is:

    "A smack might be considered to be reasonable chastisement if it is

    • open-handed (not administered with a fist or any kind of implement)
    • administered on a part of the body where it will not cause harm
    • not severe enough to leave a mark.

    Depending on the circumstances,.an open-handed smack on a child's bottom, if it does not leave a mark, might therefore be considered "reasonable chastisement", whereas a smack on the head - even open-handed - might be considered assault, as it could cause harm."

    so it really relates to the word 'smack' not 'slap', which makes more sense

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