My Lords, as the noble Baroness, Lady Bennett of Manor Castle, has explained, her Amendment 82 seeks to repeal Section 58 of the Children Act 2004 and to replace it with a provision that removes the defence of reasonable punishment from parents, or persons acting legally as parents, to charges of battery against a child in relation to any offence.
I make it clear at the outset that the Government absolutely condemn abuse and violence towards children. Accordingly, Clause 3 was added to the Bill in another place to recognise that a child is considered to be a victim of domestic abuse, including physical abuse, in his or her own right, if they see, hear or experience the effects of domestic abuse and are related to either the targeted victim of the abuser or the perpetrator. The Government are aware of recent legislation in Scotland and Wales that removes the defence of reasonable punishment. While parents are responsible for disciplining their children, they must do so within the boundaries of clear laws against violence towards children in England.
Section 58 of the Children Act 2004 changed the law significantly to give children greater protection. The defence of reasonable punishment can no longer be used when parents or those acting in place of parents are charged with assault causing actual or grievous bodily harm or child cruelty. The law in England provides that parents and other adults who are acting legally in place of the parents may plead a defence of reasonable punishment to a charge of common assault against a child. Common assault amounts to where an injury is “transient and trifling”.
Following the 2004 Act, the Crown Prosecution Service amended its guidance so that it acknowledges the particular vulnerability of children. An injury that would lead to a charge of common assault where the victim was an adult would normally be charged as actual bodily harm or a more serious offence if the victim were a child. Parents who cause injuries to children such as grazes, scratches, abrasions, bruising, swelling and superficial cuts are already at risk of being charged with actual bodily harm and would have no defence of reasonable punishment. Child protection agencies and
the police treat allegations of abuse very seriously; they will investigate and take appropriate action, including prosecution, where there is sufficient evidence of an offence having been committed.
Statutory guidance, Working Together to Safeguard Children, sets out what professionals and organisations need to do to safeguard and promote the welfare of children and young people. Further statutory guidance entitled Keeping Children Safe in Education also sets out what staff in schools and colleges should do to safeguard children and young people.
Relationships, sex and health education is now a statutory part of the curriculum. The focus on healthy relationships in primary and secondary schools will help children and young people who are experiencing or witnessing unhealthy relationships to know where to seek help and report abuse, as well as addressing inappropriate behaviour, harassment, abuse or exploitation. In short, there are already strong safeguards in existing legislation and statutory guidance that protect children from physical harm as a form of punishment. The current legal position is clear, appropriate and protects children from abuse and harm. The Government do not accept that the law, as it stands, is in breach of the United Nations Convention on the Rights of the Child; we believe that it complies with Articles 19 and 37 on abuse and violence towards children.
We accept that there are differing views on Section 58 of the Children Act, and we have heard them expressed again on both sides in what has been a lively and informative debate, including some very powerful speeches against the amendment from the noble Baronesses, Lady Hoey and Lady Fox of Buckley, and my fellow Northumbrian, the noble Lord, Lord Curry of Kirkharle. As the noble Baroness, Lady Bennett, noted, this has been a long-running issue. I am glad that she has listened to the counsel of her supporters and agreed not to press this issue to a vote this evening. She and I are equally new to your Lordships’ House as we were introduced around the same time, but I agree with those who have said that this is too an important an issue to be slipped into the Bill at this late stage. However, she rightly used the opportunity to ask some questions and seek a meeting. That is properly a matter for the Department for Education, but I shall pass a request for a meeting on and ensure that it replies to her directly about it. With that, and having sparked this lively and interesting debate, I hope that she will now be content to withdraw her amendment.