Calls to change north’s ‘harmful and outdated’ law on punishing children

The NSPCC say a current legal defence of ‘reasonable chastisement’ against children in Northern Ireland must end

Several MLAs are backing the NSPCC's campaign that would give children in Northern Ireland the same protection from assault as adults.
Several MLAs are backing an NSPCC campaign that would give children in Northern Ireland the same protection from assault as adults

Several MLAs are backing a campaign from the NSPCC to change the law on physically punishing children.

Staging an event at Stormont on Monday, the charity is urging political parties and the public to give children the same protection in law against assault as adults.

Assembly members adding their support include Alliance’s Michelle Guy, Sinn Féin’s Danny Baker and independent MLA Claire Sugden.

At present, parents or carers can argue a legal defence of “reasonable chastisement” for using force on a child.

The NSPCC calls this “harmful and outdated”, noting almost 70 countries in the world including the Republic, Wales and Scotland have put measures in place to protect children from harm.

A legal defence of 'reasonable chastisement' against children remains in England and Northern Ireland (Alamy Stock Photo)


It is proposed the change—often referred to as a smacking ban—is made through the Justice Bill which is currently passing through the Assembly.

It is argued this will give clarity in the law and give children the same protections as other regions in the UK and Ireland.

NSPCC research from 2022 argues they have public support, stating that two-thirds (65%) of adults backed such a change in the law.

This increased to 71% among parents, carers and guardians.

The survey of more than 1,000 members of the public also found that only 14% of adults and 8% of parents considered physical punishment an acceptable form of discipline.

The charity adds there is growing evidence that physical punishment is not effective and can even increase children’s behavioural problems over time.

This includes a recent Royal College of Paediatrics and Child Health (RCPCH) report showing that children who experience physical punishment are 2.3 times more likely to be physically abused.

A further demand in the NSPCC’s campaign is for improved support for parents and carers so they can manage their children’s behaviour more effectively.

Caroline Cunningham, policy and public affairs manager for NSPCC Northern Ireland, said: “We urge our political parties in Northern Ireland to unite in giving children the protection they deserve. There is a clear message from the public with a majority view that physical punishment should not be part of anyone’s childhood.

“It is time to change the law to allow children in Northern Ireland a childhood free of physical harm in any form.”

Alliance MLA Michelle Guy has also called for more information about children missing in education. PICTURE: ALLIANCE
Alliance MLA Michelle Guy PICTURE: ALLIANCE

Alliance MLA, Michelle Guy, said her amendment to the Justice Bill would not introduce any new offence, but provide much-needed “clarity” in the law.

Consultant Paediatrician, Dr Julie-Ann Maney, said the law in Northern Ireland made it “extremely challenging” for doctors to talk to families about physical punishment.

“This ambiguity not only undermines conversations about children’s rights, wellbeing and safety, but also hinders clinicians from confidently advocating for the best interests of the child,” she said.