Question to the Department for Education:
To ask Her Majesty’s Government what assessment they have made of the judgment in <i>Re A </i>[2015] EWHC 1598 (Fam), in particular the judge's remarks that cultural context must be considered in such cases.
The law states that it is illegal to assault a child. A parent or guardian hitting their child could be prosecuted for assault, but there is a defence of ‘reasonable chastisement’ that they may use in cases where they have given a child a mild smack. If physical chastisement results in injury to a child, including bruises, cuts or scratches, it can be charged as actual bodily harm or a more serious offence, for which the ‘reasonable chastisement’ defence cannot be used.