Children’s Wellbeing and Schools Bill

Baroness Benjamin Excerpts

Wednesday 14th January 2026 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I support Amendment 97, to which I have added my name. In Committee, I likened the waiting for Wales argument to a legislative Waiting for Godot. Well, Godot has arrived in the form of a very thorough evaluation of the first three years of the Welsh legislation. The overall message, as we have heard, is very positive.

I was particularly struck by what the report says about positive parenting, as this was a key argument used by my noble friend the Minister in rejecting the original amendment in Committee. The report makes it clear that this is not an either/or situation. The abolition of the reasonable punishment defence in Wales has been implemented in such a way as to promote and support positive parenting practices. Thus, the report makes it clear that, thanks in part to the introduction of a parenting support scheme which we have heard about, the response to physical punishment is proportionate and focused on behaviour change rather than criminalisation.

Elsewhere, the report notes that the aim of the Act was to protect children’s rights while adopting an educating and preventive approach which avoids criminalising parents. It suggests that this aim is being realised in practice, in that implementation is acting not to criminalise parents but to help educate and support them in managing behaviours differently. This addresses one of the fears sometimes expressed about abolition of the defence.

I argued in Committee that this is a very much a children’s rights issue, and the report points to research that indicated that professionals view the Act as having enhanced their ability to safeguard children’s rights, with nearly 60% reporting that it had either supported or greatly supported them in protecting children’s right to be free from violence.

This is, of course, an interim report, but in Committee my noble friend referred to it as helping to build the evidence base needed for the Government to make a decision, and I think it is fair in its claim to provide a robust initial evidence base. I am not sure what further evidence the Government need to be added to the pile that already exists. This amendment is very much a compromise, and I can see no good reason for them not to accept it. I hope they will, because otherwise it could be a very long time before English children are free from the harmful effects of what the four Children’s Commissioners described as an outdated and morally repugnant law.

[Baroness Benjamin (LD)]

My Lords, I support Amendment 28 in the name of my noble friend Lady Tyler, which I hope the Government will support. I should like to speak on Amendment 97 in the name of the noble Baroness, Lady Finlay, on the legal defence of reasonable punishment. I declare an interest as vice-president of Barnardo’s, which has been campaigning for the end of the reasonable punishment defence, along with its partners in the children’s sector.

We already know that physical punishment can cause significant harm to a child, including poorer mental health and increased behavioural problems, as the noble Baroness, Lady Finlay, has said. Any child who is physically punished is also at greater risk of even more serious abuse, which can be devastating.

Professionals who work with children can find it difficult to assess and respond to potential risks, since distinguishing between physical punishment and abuse is challenging. As a result, Wales and Scotland have acted to remove the reasonable punishment defence from the law, but England has not done so. Children in this nation remain uniquely vulnerable, with less protection from assault than adults and other children elsewhere in the UK.

I turn my attention to the Welsh review, as mentioned by the noble Baroness, Lady Finlay. Some 95% of parents in Wales now know that physical punishment is illegal and 86% believe it is ineffective. We feared widespread criminalisation of parents, but that has not occurred. Fewer than five cases have been referred to the CPS, with no convictions to note. Instead, families have been diverted to supportive parenting programmes, which have led to positive outcomes for many of them, including in children’s behaviour and parental well-being. Professionals have also reported greater clarity and confidence when dealing with such cases. That shows that the law is working but, most importantly, that children are being protected.

There is widespread support for change. Polling from the NSPCC has shown that the majority of safe- guarding professionals, including teachers, healthcare professionals and the police, would like to see the end of physical punishment of children. More than 300 public figures also supported a change in the law. The Government wished to wait until evidence from Wales on the law change was available, but that evidence is now available.

The amendment before us does not seek to legislate the defence away at once. We ask only that the Government meaningfully consider the evidence from Wales and consider abolishing the so-called reasonable punishment defence in England through future legislation, within six months of this Bill becoming law.

When the proof of harm is so extensive and the evidence of change is so promising, I strongly feel that asking for a transparent response to that evidence is a reasonable and proportionate request. Children should not have to wait indefinitely for clarity on what their rights are, or for protection and fairness when evidence that could potentially change their lives already exists. I ask other noble Lords across the House to stand with children and give their support to this amendment, and, more importantly, for the Government to accept the amendment, as that would show that they too put children at the heart of the matter when it comes to equal protection for children. As I always say, childhood lasts a lifetime, so let us do it.

[Lord Hampton (CB)]

My Lords, I too have added my name to Amendment 97. As we have heard, the law changes in Wales on reasonable punishment are going well. Children in England have less protection in law from assaults than adults and their peers in Scotland and Wales. The law as it stands is unclear and open to interpretation, making it harder to safeguard children.

As a teacher, I know first-hand the challenges that this poses for professionals safeguarding children. When the law contains ambiguity, safeguarding becomes more difficult. I have come across cases where children have reported that if they do not get good grades then they will be beaten. That is a safeguarding risk that I would report, but for safeguarding leads it is a nightmare that they have to judge the extent of any injuries. The fact that you can still legally hit a child with calculation is bizarre and barbaric. That is reflected in the NSPCC’s YouGov polling from August that 90% of social workers, 77% of healthcare professionals and 75% of teachers all believe that the law in England should be changed—and they are voters—while some 81% of parents with a child under 18 think that physical punishment of any sort is unacceptable.

Like many others, I want to see the reasonable punishment defence removed entirely to give all children protection from assault. I support the amendment as a clear and pragmatic compromise to bring in, in a timely way, the evidence that the Government want to see on the impact of implementing this change on parents, professionals and public services. The Government’s openness to reviewing the evidence and hearing from a range of people on this issue is welcome. I therefore hope they will support this amendment in that spirit.

Given the challenges that the current law poses for professionals, it is welcome to see the positive impact that removing the defence has had in Wales. Professionals across safeguarding, education and healthcare report that the law has clarified and strengthened their ability to protect children’s rights and have better conversations with parents. That reinforces the call from the Royal College of Paediatrics and Child Health that removing the defence would support professionals in safeguarding children and providing clearer advice to families. The report has also shown that the concerns around criminalising parents have not materialised. In fact, it has meant that families have been able to access support.

With zero convictions and fewer than five cases referred to the CPS but hundreds of families accessing parenting support, the report concludes that the aim of the Act—not to criminalise parents but to help to educate and support them in managing behaviours differently—is being realised. I quote that in Wales

“the law is working and making significant progress in protecting children’s rights”.