Smacking ban will unjustly criminalise parents, warn police
A BAN on smacking would unfairly criminalise parents for punishing their children, Scotland’s police chiefs have warned.
They told MSPs the law could also lead to an increased workload for officers, who must investigate all reports of alleged assault, thus causing costs to soar.
In a submission to Holyrood’s equality and human rights committee, Police Scotland have also raised concerns about public perception of the ban and an increase in reports of child abuse. A smacking ban could be in place by the end of this year.
The Equal Protection from Assault (Scotland) Bill would remove the defence of ‘justifiable chastisement’ in Scots law, which allows parents to physically punish a child.
The draft Bill – published by Green MSP John Finnie in September – has the backing of the Scottish Government, Labour, the Lib Dems and some Tory MSPs.
However, campaigners have raised concerns.
The police said that while ‘any measures that help to protect children and young people from harm are welcomed’, there are concerns it will be ‘interpreted as a state intervention/interference in family life where parents and carers are “criminalised” for behaviour that was previously accepted’.
Their submission states that any changes must be clear, with guidance for parents and families.
They also claimed the ban ‘will result in an increase in reporting’, with ‘potential cost/resource implications for Police Scotland and partner agencies’.
They said introducing a ‘referral to a diversion from prosecution scheme’ would see guidance and training for those accused of smacking their children, which could ‘moderate’ costs.
The committee received dozens of responses on the issue.
Abertay University sociologist Dr Stuart Waiton claimed the argument to ban smacking based on classing it the same as assault on adults did not make sense.
He wrote: ‘There are many things parents do to children we would not dream of doing to adults. If we grounded an adult, we could be arrested for false imprisonment. If I forced my partner to “eat your greens”, confiscated their phone or sent them to their room, I would expect to be charged with domestic abuse.’
Strathclyde University Professor Tommy MacKay, a consultant child psychologist, told MSPs he does not believe the Bill will improve child protection.
Organisations supporting the Bill include local authority umbrella body Cosla, the Church of Scotland, the Scottish Youth Parliament, Social Work Scotland, the Law Society of Scotland and the Royal College of Paediatrics and Child Health.
The Royal College said there is ‘very extensive evidence’ that children who were subjected to physical punishment are at increased risk of developing aggressive and antisocial behaviours, and stated that there is no evidence of any benefit of using hitting as discipline.
A Government spokesman said: ‘The Scottish Government supports positive parenting.
‘This Member’s Bill by John Finnie will give children the same legal protections as adults – something backed by an overwhelming majority of public opinion – and end the defence of “justifiable assault”.’
‘Lead to increase in reporting’