This short film will give an overview of the Children (Abolition of Defence of

Reasonable Punishment) (Wales) Act 2020.

In January 2020 the Senedd passed the Welsh Government’s Children

(Abolition of Defence of Reasonable Punishment) (Wales) Bill.

The Bill received Royal Assent in March 2020 and the Act will come into force in March 2022.

Why did the Welsh Government introduce the Bill?

In 2019 the Welsh Government introduced the Bill to help protect children’s rights.

We want to give children the best start in life and end the physical punishment of children in Wales.

What is physical punishment?

Physical punishment is any battery of a child carried out as a punishment, it isn’t limited to smacking.

All physical punishment under all conditions is potentially harmful to children.

What is the defence of reasonable punishment?

The concept of reasonable punishment was established in 1860.

It means that parents and those acting in the place of a parent are able to use the defence of reasonable

punishment if they are charged with common assault and battery against a child.

This is not a defence an adult can use if they are accused of assaulting another adult.

Over the years legislation has limited the circumstances where the defence could be used and limited the settings where children can be physically punished.

Physical punishment has been outlawed in schools, children’s homes,

local authority foster care homes and childcare settings.

We are taking the next step on this journey by removing the defence of reasonable punishment.

What the world thinks?

The United Nations Convention on the Rights of the Child is the basis for our policy for children.

It recognises that any physical punishment is incompatible with the human rights of children.

More than 55 nations globally have already responded to this international call to end the physical punishment of children.

We are proud to join them.

What the Act will and will not do.

The Act will:

Remove the defence of reasonable punishment. This means you can’t physically punish children in Wales.

Remove a legal loophole,

meaning that the defence of reasonable punishment cannot be used in unregulated settings, including some places of learning, worship, play or leisure.

Give children the same legal protection from physical punishment as an adult.

Bring clarity, making it easier for children, parents, professionals and the public to understand the law.

Help protect children’s rights and send a clear signal that physically punishing children is not tolerated in Wales.

The Act will not:

• Create a new offence, it simply removes the defence of reasonable punishment.

• stop parents disciplining their children - there is a big difference between discipline and physical punishment.

• interfere with a parent’s ability to parent – parents can of course intervene physically, for example,

to keep a child safe from harm, or help with day to day activities such as dressing or brushing their teeth.

What happens next?

The Senedd has voted to remove the defence of reasonable punishment and The Act will come into force in March 2022.

Between now and then, there will be an awareness-raising campaign to inform the public about the change in law.

This will include television, radio and digital advertising.

Welsh Government will ensure professionals who work with parents and children know about the change to the law.

An expert stakeholder group will oversee the communications work.

We will also work with organisations who will be involved in implementing the law change.

The Strategic Implementation Group will oversee and make recommendations to ensure the practical and effective implementation of the legislation.

More detailed work will be managed by four task and finish groups.

Times have changed.

Attitudes have changed.

There is no place for physical punishment in a modern Wales.

For more information on ending physical punishment in Wales visit: gov.wales/endphysicalpunishment