Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru)

Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill

CADRP-268

CADRP-268

 

About you

Individual

1      The Bill’s general principles

1.1     Do you support the principles of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill?

— No

1.2     Please outline your reasons for your answer to question 1.1

(we would be grateful if you could keep your answer to around 1000 words)

While I strongly believe that any form of punishment that causes a child harm is wrong, I cannot support a bill which criminalises parents for smacking their children. Such a bill fails to recognise the difference between loving parental discipline and abuse. As a child, I was smacked on occasion by my parents when they deemed it necessary. I was never smacked in anger, never physically harmed, never felt my parents were acting violently towards me. I certainly did not grow up in fear of my parents, although I respected them greatly and still do, neither did I grow up believing that violence towards others was acceptable; indeed this was one of the principles that my parents instilled into me from a young age and was not in any way undermined by the fact that they used smacking as a form of discipline. My parents, like many others, used this alongside other means of discipline as they deemed necessary and appropriate, in my experience it was never arbitrary or vengeful.

As a child, I knew several children whose parents chose not to use smacking as a form of discipline. I was often shocked, even as child, by the lack of respect they showed to their parents and others, their frequent disobedience, and their disregard for rules. However, far more shocking, and indeed distressing, was the knowledge that some of these parents, while strongly believing that smacking children was wrong, on occasion lashed out in anger towards their child in response to the persistent disobedience of their child. Surely it is clear from this that the issue is not smacking itself, but individuals struggling to manage both the behaviour of the children and their own response to it. No one is perfect, people make mistakes, but banning smacking is not the solution; it will not prevent loving parents from hitting their children in a moment of anger nor will it stop abusive parents from harming their children.

Therefore, rather than waste time and resources criminalising parents who are competently and lovingly raising and disciplining their children, let us use these resources wisely to support those parents who, for whatever reason, are struggling to raise their children, struggling to discipline them appropriately, are overwhelmed by the challenges they face and find themselves going under. This is where our attention and our resources should be focused. This is how we can protect our young people. Physical punishment which causes harm to a young person is already an offence. Let us uphold this. Let us support this. Let us use the resources that we have to ensure our young people are safe, without overwhelming already overloaded social workers and police with unnecessary investigations, thus putting vulnerable children, who are already in danger, at greater risk then they currently are.

1.3     Do you think there is a need for legislation to deliver what this Bill is trying to achieve?

(we would be grateful if you could keep your answer to around 1000 words)

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2      The Bill’s implementation

2.1     Do you have any comments about any potential barriers to  implementing the Bill? If no, go to question 3.1

(we would be grateful if you could keep your answer to around 1000 words)

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2.2     Do you think the Bill takes account of these potential barriers?

(we would be grateful if you could keep your answer to around 1000 words)

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3      Unintended consequences

3.1     Do you think there are there any unintended consequences arising from the Bill? If no, go to question 4.1

(we would be grateful if you could keep your answer to around 1000 words)

As stated above, my main concern is that loving, capable parents would potentially be criminalised under this bill, while already limited resources would be so stretched that children who are seriously at risk would not receive the help and support they need. Professionally I have seen children failed by an already overstretched social services without the additional pressure that this bill could place on them.

4      Financial implications

4.1     Do you have any comments on the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum)? If no, go to question 5.1

(we would be grateful if you could keep your answer to around 1000 words)

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5      Other considerations

5.1     Do you have any other points you wish to raise about this Bill?

(we would be grateful if you could keep your answer to around 1000 words)

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