This report sets out the results of the Review of Section 58 of the Children Act 2004. Section 58 limited the availability of the defence of reasonable punishment. The defence is no longer available for parents or those acting in loco parentis who are charged with assault occasioning actual bodily harm; inflicting grievous bodily harm; or causing cruelty to a child.
During the passage of the Children Act 2004 the then Minister for Children, Margaret Hodge, gave a commitment that two years after section 58 came into effect the Government would review the practical consequences of those changes to the law, and would also seek parents' views about smacking.
In order to fulfil the commitments of the review, the Government has carried out a public consultation, a survey of parental opinion, a survey of children and young people and has sought additional evidence from police, prosecutors, children’s social care and the Crown Prosecution Service. The evidence gathered for the review is available in the downloads on this page.
