Police sound warning over smacking ban workload
The number of parents being reported to police in Scotland for smacking their children is likely to increase due to planned changes to the law, officers have said.
In a submission to MSPS studying the possible impact of the changes set to be introduced this year, Police Scotland said it was anticipating an “increase in reporting”.
The move, which is likely to see Scotland become the first part of
the UK to ban smacking, will remove the defence of “justifiable assault” from Scottish law.
This can currently be used in court by parents who physically punish their children, if they can prove that what they did was reasonable and part of their “parental right”.
A bill which sets out to remove the defence is work- ing its way through Holyrood and has the backing of the Scottish Government as well as Labour, the Greens and the Liberal Democrats.
In a written submission to Holyrood’s equality and human rights committee, Police Scotland said it would be obliged to investigate all reports of the possible assault of a child.
“Police Scotland envisages that the repeal of the defence... will result in an increase in reporting. This will have potential cost/resource implications for [us] and partner agencies,” it added.
A number of organisations expressed their support for the changes, including the Church of Scotland, the Royal College of Paediatrics and Child Health and the Law Society of Scotland.
John Finnie, the Green MSP behind the bill, said he was “pleased” that so many individuals and organisations had indicated their support.
Mary Glasgow, Children 1st chief executive, said: “It’s fantastic to see such strong Scotland-wide support for the Equal Protection Bill and for children’s rights.
“The bill will give parents clarity [and] ensure all children have the same protection from assault and bring Scots law in to step with the overwhelming evidence that there are other more positive ways parents can support their children to grow into kind, respectful; and responsible citizens.”
Joanna Barrett, NSPCC Scotland said: “It’s wrong that children in Scotland 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.”