A review of section 58 of the Children's Act 2004, which limits the'reasonable punishment' defence in cases involving alleged assaults byparents on their children, has been launched by the DfES. It honours acommitment made by former children's minister Margaret Hodge during thepassage of the Act in 2004.
The review will involve a parental opinion survey, consultation withthose working with children and families, and evidence fromprofessionals and practitioners on the practical effects of section58.
Ms Hughes said, 'The law is clear - violence against a child is illegal.In 2004, in order to protect children, Parliament legislated to removethe defence of "reasonable punishment" from offences such as actualbodily harm and child cruelty. Parliament did not go as far as to banall smacking, because it didn't want to see decent parentscriminalised.'
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