Oral question asked in the House of Lords, by Baroness Walmsley (Liberal Democrat). It was answered on Thursday, 16 October 2008.

Children: Physical Punishment

Question: My Lords, I again welcome the Minister to her post—I have already welcomed her privately but now I do so on the record. Although she may not agree with me, does she at least share my frustration with those who are against equal protection for children under the law who seek to misrepresent our position as meaning that a caring parent who may use physical restraint to stop a child harming itself or another would be criminalised? She knows that that is not the case in the other 25 countries that have equal protection; and it would not be the case here.

Answer: My Lords, if we consider the use of Section 58 of the Children Act 2004 alongside the advice from the CPS on charging standards, which take account of the vulnerability of children, we see that in those cases, children are protected in the same way as adults. That is a very important point. For the record, parents who cause injuries to children such as grazes, scratches, abrasions, bruising, swelling and superficial cuts now, because of the law as it is, risk being charged with ABH with no defence of reasonable punishment. That is because of the changes in the law that we supported in this House in 2004.

Secondary information