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-646

CADRP-646

 

About you

Organisation: Clybiau Plant Cymru Kids Club

1      The Bill’s general principles

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

— Yes

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)

There are a number of reasons why we believe that the Bill is a positive step which are as followed:-

• By using physical punishment against a child, adults are modelling that violence is a solution to a problem which could have potential impacts on how children respond when they are faced with challenges

• We are trying to teach children that hitting is not acceptable but we undermine this when we are then using this as a punishment

• Not using physical punishment is in no way advocating a lack of discipline it is encouraging

• Reasonable is a subjective term and peoples notions of these can be warped by their own experiences.

• Physical punishment is often an emotional response and as such the actions can escalate and control and restraint of the adult can be lost

• There has been research conducted by Merrick et al (2017) that suggests links between smacking and ACEs. The research from Public Health Wales has already identified that the ACEs have a compounding impact on outcomes for children so therefore removal of a possible adverse experience is a positive step.

• Removing the defence of reasonable punishment encourages a change in peoples mind set and how physical punishment is perceived.

 

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)

At the moment society is split on whether physical punishment is acceptable and the introduction of this Bill gives a clear measure that it isn’t.  The removal of reasonable punishment also diminishes the subjectivity of the legislation.

Considering the above; it is also important to consider that there are so limitations to how the Bill communicates the consequences of physical punishment as professionals will need to know more for referral and intervention purpose

 

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)

Enforcement of the legislation is a challenge, how will it be identified as physical punishment often happens in the home. Is the bill dependent on disclosures or hearsay

With this being a Welsh Bill will this mean that Welsh Parents who travel beyond boarders are still subject to the law; this could be in an issue for families who live on the borders. Are children safeguarded consistently?

How will this be enforced with those visiting Wales

 

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)

It is unclear if this is the case because we do not have up to date information with regard to the new All Wales Child protection procedures, but we feel greater consideration should be taken with regards to what happens if the physical punishment happens outside Wales to Welsh children

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)

Depending in referral systems there could be greater demands on Social Services and the Police who are already over stretched which could then impact on wider issues around child safety

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)

We believe extra funding will be needed to support safeguarding services. There also needs financial support for parents, communities and organisations to receive training to enable successful adoption and implementation

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)

Support will be needed to help people seek and learn alternative ways to support positive behaviour but in a way that is non judgemental. We believe that part of the barrier to the legislation is that people feel they are personally being criticised for the way they punish their child/children rather than thinking of the act in the wider context.

Support will also be need for those who work with families so that they can help uphold the Bill and promote the rights of the child