Smacking children could be criminalised

Monday 23 October 2017

Smacking children could be criminalised in Jersey following a review by the island’s new Children’s Commissioner, Express has learned.

Corporal punishment of a child is currently viewed as a criminal offence in Jersey, but parents, relatives and close guardians can defend their actions as ‘reasonable’ chastisement under the Children (Jersey) Law 2002 provided no more than a hand is used.

In a 2013 report, the States of Jersey said that it believes it “inappropriate to potentially criminalise responsible parents who use reasonable corporal punishment” - a view largely mirroring the approach taken by the UK government.

Last week, however, Scotland became the first country in the UK to ban smacking by removing the parent-protecting clause.

The move sparked calls from the Children’s Commissioner for England, Anne Longfield to extend that criminalisation to the rest of the UK - just days after she attended a child safeguarding conference in Jersey.

@annelongfield We must involve children in decision making from the start #workingtogether #makingadifference pic.twitter.com/3e2VIoOBoC

— SPB Jersey (@JerseySPB) October 16, 2017

“The current legislation in England, which grants an exemption from the law on common assault to allow the physical punishment of children, is outdated. It should be updated to reflect what the vast majority of parents believe: that hitting children is wrong and that there are better and more effective ways of disciplining children and encouraging positive behaviour,” she commented.

Now it’s emerged that the issue of smacking was considered by the Child and Vulnerable Adults (CAVA) group, which involves the Ministers for Health, Education, Housing, Social Security and Home Affairs, in June this year, and will be subject to a review.

“The Ministers have instructed officers to undertake a review of the matter in consultation with the Jersey’s Children’s Commissioner at the point at which they are appointed,” a States spokesperson commented.

The Children’s Commissioner is expected to be appointed before Christmas. Their role, which will involve championing the rights of island children, was created in the wake of the Care Inquiry. Physical chastisement at the island’s care establishments from 1945 into the early 00s formed one of the inquiry’s key criticisms.

Outlawing all smacking practices would bring Jersey in line with recommendations put forward by the UN Committee on the Rights of the Child, who have previously recommended that the UK - including Jersey - prioritise the prohibition of all corporal punishment within the family, including all legal defences.

The news comes four months after a father-of-two was sentenced to 180 hours of community service and a 12-month probation order after admitting four counts of cruelty to children. His offences centred around smacking his children for failing to eat quickly enough and playing with his toolbox.