‘WELSH COUNCILS LEFT IN DARK OVER SMACKING BAN PLANS’– CAMPAIGNERS
COUNCILS in Wales are unprepared and being “left in the dark” over the implications of the proposed smacking ban, campaigners opposing the changes claim.
They say they councils have not had guidance from the Welsh Government on the changes, which it estimates will costs millions of pounds for already overstretched local authority children’s and social services.
Some councils have made no internal assessment about the possible impact, responses to Freedom of Information (FOI) requests from pressure group Be Reasonable show.
The Welsh Government published a bill removing reasonable punishment as a defence in March this year.
If passed by the Assembly, it will be made law and give children the same protection from physical punishment as adults.
If accused of assault or battery of a child, parents and guardians could not use the current defence open to them of “reasonable chastisement”.
Opponents, including Be Reasonable, say the change to the law is unnecessary and will criminalise parents.
Now the campaign group says responses to its FOI requests show a lack of advice from the Welsh Government and confusion about the effect of a change in the law on social and children’s services.
Asked about the potential impact of banning smacking on its social services, Flintshire Council responded: “To date we have received no guidance or policy documents from the Welsh Government.”
Merthyr Council also said it had made no cost assessment for any change to the law, but Neath Port
Talbot Council said: “Steps have been taken to collate the numbers of contacts and referrals within the social services intake team from July 2019 in anticipation of the change in the law.”
Bridgend Council said it did not have any idea about the number of additional families it would have to engage with, or the number of extra social workers who would be needed following the introduction of a ban.
Cardiff Council said: “It is not possible to predict with any confidence or certainty the extent to which this change may affect the day-to-day work of children’s services.
“It is possible that this change may result in an increase in the prosecutions and/or convictions of parents, but it is by no means certain.
“Whether a prosecution for an offence results in a conviction is not necessarily a key determinant in our assessment of the risk to the child. It may be that the removal of the ‘reasonable chastisement’ defence may result in partner agencies (primarily the police) referring children to children’s services after a parent has been convicted of an offence of physical assault against a child.”
So far 15 of Wales’ 22 councils have responded to FOIs sent out by Be Reasonable, which says it has 10,000 supporters in Wales.
Campaign spokesman Jamie Gillies said: “These are worrying admissions. It seems that councils have been left in the dark over the impact of these changes and have received no information or advice from the Welsh Government about how they should prepare for a smacking ban.
“Council budgets are already stretched. Any change in the law which places an additional burden on local authorities could lead to tough financial decisions and vital services being pared back. Councillors and the public alike deserve to know how their community will be impacted.”
A report from the Assembly’s Children Young People and Education Committee earlier this month estimated the Bill would cost between £2.3m-£3.7m, including a public awareness campaign.
It added that the Welsh Government estimates between £0.97m£0.98m will be needed for for police and justice services.
Be Reasonable predicts councils will also be hit.
“Many councils admitted that they don’t know how this policy will affect social services departments. This is unsurprising as the government itself has failed to give any indication of the impact,” said Mr Gillies.
“The government predicts that hundreds of families (548 per year) will be caught out by this change.
“It can’t be right that this legislation is moving forward with no estimate whatsoever about how children’s services will be impacted. The Children’s Committee recently asked for more clarity on this question and the government must provide this soon.”
A Welsh Government spokesman said it could take as long as two years for the law to change, but Be Reasonable insisted it is not too early for councils to look at possible cost implications, given that they must plan ahead and set their budgets for the coming year in the next few months.
A Welsh Government spokesperson said: “We want to make it clear that physically punishing a child is no longer acceptable in Wales. Proven positive alternatives are much better for our children and their wellbeing.
“We acknowledge a parent who physically punishes their child could be charged with a criminal offence after the law changes; this is why we will be undertaking a significant campaign to raise awareness of the law change and inform parents about alternatives to physical punishment.
“Representatives of local authorities and children’s services have given evidence to say they support this Bill. They are also taking part in developing guidance on implementing the Bill and we will allow up to two years to plan for the law to come into force.
“Social workers and other professionals working with children say the Bill will help them by providing clarity on the law.”
“There is a growing consensus internationally that the physical punishment of children should be prohibited by law. Other countries have already legislated for this.
“We have already outlined the possible impact on the social care system. While there may be an initial increase in reporting of incidents, we do not expect any additional children will come under the remit of the care system as a direct consequence of this Bill.”
ANY change, or proposed change, in the law carries hidden as well as obvious costs and work implications.
These must be considered, planned for, quantified and weighed up against the benefits of reform.
Wales is bringing in what has been dubbed a “smacking ban” by ending the current legal defence of reasonable punishment of children.
Opponents say the change risks criminalising parents and will cost councils dearly as children’s and social services are compelled to take on extra work as a result of the law being tightened.
That’s before costs to the criminal justice system and police – estimated at several millions of pounds – are taken into account.
When the law changes, parents who smack their children could
face criminal prosecution for common assault, a move the Welsh Government says it will give children the same protection from physical punishment as adults and protect the rights of children.
It could be argued that you cannot put a price on children’s safety. On the other hand, it’s hard to see how council budgets, squeezed hard by austerity, can take much more.
Whether or not one agrees with the views of campaign group Be Reasonable, it is right to raise the question of how much this legislation might end up costing the authorities concerned and ask whether councils have received guidance from Cardiff Bay (as yet, they appear not to have).
Although no date has been given for the bill to come into effect, it has begun its journey into law. That journey may take as long as two years, but it is never too early to assess and plan for the financial implications.
This is not overly popular legislation. Two-thirds of those responding to a public consultation by the Assembly’s children, young people and education committee do not want a smacking ban introduced in Wales and don’t support the bill.
If this is a true reflection of general public opinion on the matter, the Welsh Government has a big task on its hands persuading the public it is a good idea.
If an unpopular change to the law causes financial strain on public services, it will garner further opposition.
As with many things, success boils down to perceived value for money. Whether a pricey public information campaign will be supported or valuable also remains to be seen.