Children’s Wellbeing and Schools Bill Debate
Full Debate: Read Full DebateLord Bishop of Gloucester
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(1 day, 11 hours ago)
Lords ChamberMy 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”.
My Lords, I support Amendment 97. The abolition of the physical punishment of children is something that many of us on these Benches have long endorsed. My right reverend friends the Bishop of Manchester and the Bishop of Derby in particular wanted to reiterate that support alongside mine.
The amendment is eminently sensible, as we have just heard. I was pleased to read in the report from Wales that the introduction of the role of the out-of-court parenting support worker has significantly facilitated the implementation of this Act, as we have heard. My concern when we talk about legislation with penalties is always the unintended consequences, in this case for parents and wider families—we do not need any more children being impacted by parental imprisonment—but it is music to my ears that these parenting support workers in Wales have been instrumental in engaging with families, offering guidance on positive parenting strategies and providing early preventive support to resolve those issues, as we have heard, before they escalate to criminal proceedings. In short, I always support evidence-based policy-making, and this seems like a sensible step in the right direction on this issue. I support Amendment 97.