Opinion: The Minister's view - We must help parents, not punish them

Smacking has once again, over the past few weeks, become a topic of discussion both in the media and in Parliament. Some Parliamentary colleagues and children's organisations are arguing that children 'enjoy less protection than prisoners' because parents are allowed to smack them, and that any form of physical punishment is tantamount to an act of violence.

Not only is this not true, it fails to acknowledge the real problems for families, including children, that a ban on smacking would involve. We do not encourage or condone smacking. It is banned in childcare settings and we do not believe it is the best means for parents to control their children's behaviour. But neither do we support a ban which would make smacking a crime.

If we put a ban on smacking into legislation, it would mean that a mother who gives her child a mild smack on the hand when they refuse to put back sweets picked up at the supermarket checkout could end up facing criminal charges.

When we reviewed this issue as recently as last year, and surveyed parents, we found that while fewer and fewer of them are using smacking as a form of discipline, most said they would not support a ban. This reflects the commonsense view that while it isn't a good thing, it should not be a crime.

We have taken great steps to protect children from violence and abuse and we are compliant with Articles 19 and 37 of the United Nations Convention on the Rights of the Child. We are 100 per cent committed to giving children the protection they need.

We have already tightened the law in the Children Act of 2004, which removed the defence of 'reasonable punishment' to any charge of assault occasioning actual bodily harm or worse. Around the same time, the bar for a charge of actual bodily harm against a child was lowered because of their extra vulnerability.

This means that parents and carers who cause injuries to their child such as grazes, scratches, abrasions, bruising, swellings and superficial cuts risk being charged with actual bodily harm, which carries a maximum of five years' imprisonment. An injury which would lead to a charge of common assault, where the victim was an adult, would in most circumstances, if the victim was a child, be charged as actual bodily harm or higher.

Both the Crown Prosecution Service and the Association of Chief Police Officers have said that the law gives them the necessary discretion and power to act in the best interests of the child and the public interest.

But when it comes to smacking, our approach is to provide parents with guidance to help them manage their children's behaviour more effectively. We are helping them access positive parenting courses so they don't resort to physical punishment; we have established nearly 3,000 children's centres where parents can get support and advice; we have promoted and funded parent support programmes in schools, voluntary organisations and local authorities; every local authority now has a parents champion to promote services and advice; and we have funded more helpline and online advice services to parents.

Working with parents is our commitment to improving the lives of children. What most need is not a change in the law but support and advice. We will only achieve happy, healthy children if we bring parents with us.

Beverley Hughes is the Minister of State for children, young people and families. Further information at www.dcsf.gov.uk