Labour ‘contemplating’ ban on smacking kids in England as Education Secretary says she is ‘open-minded’ on following Scotland and Wales in making bodily punishment unlawful

Labour is ‘considering’ introducing a ban on smacking children in England, the Education Secretary said today.

Bridget Phillipson said she was ‘open-minded’ on copying Scotland and Wales by making physical punishment illegal.

But the Cabinet minister stressed the Government had no imminent plans to change the law.

She added she would first be keen to hear from experts about how possible legislation might work.

The Education Secretary was quizzed about a recent demand by Rachel de Souza, the Children’s Commissioner for England, for ministers to ban smacking. 

Labour is ‘considering’ introducing a ban on smacking children in England, the Education Secretary said today

Bridget Phillipson said she was ‘open-minded’ on copying Scotland and Wales by making physical punishment illegal

The Education Secretary was quizzed about a recent demand by Rachel de Souza, the Children’s Commissioner for England, for ministers to ban smacking

All types of physical punishment or physical discipline of children have been illegal in Scotland since 2020, while similar laws were introduced in Wales in 2022 (file pic)

‘We are considering it, but this is not an area where we intend to bring forward legislation any time soon,’ Ms Phillipson told the BBC’s Sunday With Laura Kuenssberg show.

‘I’d be keen to hear from the Children’s Commissioner and from others about how this would work.

‘I’m open-minded on it. It’s not something we intend to legislate on, but I think we do need to look at how we keep children safe.’

Ms Phillipson said measures set out in the Children’s Wellbeing Bill, which will be brought forward ‘by the end of the year’, will address many of issues relating to children’s social care and safeguarding.

‘There’s a lot we can get on and do now. I think having a conversation about that wider issue is something we would need to take time and care in order to get it right,’ she added.

The previous Tory government rejected calls to ban smacking in England, with senior Conservatives saying parents should be trusted over how to discipline their children.

But campaigners and charities have demanded an end to the legal defence of ‘reasonable chastisement’ set out in the Children’s Act of 2002, which parents are allowed to claim if prosecuted.

Speaking to the Observer earlier this month, Ms de Souza said: ‘How we treat and protect children says something fundamental about a society.

‘Banning the reasonable chastisement defence is an important step in making sure every child’s rights are not just met but valued.’

All types of physical punishment or physical discipline of children have been illegal in Scotland since 2020, while similar laws were introduced in Wales in 2022.