ANYONE who sees a parent smacking their child should call the police under new rules in Wales.

Fresh government guidance urges witnesses of physical punishment on under-16s to dial 999 and social services from next month.

Parents who are found to have hurt their kids could be charged with common assault and wind up with a criminal record.

The smacking ban comes into force in Wales from March 21, but England could too toughen regulations.

It is currently legal for a carer or parent to smack their own child in England and Wales providing it is "reasonable punishment", under section 58 of the Children Act 2004.

Anything above that is illegal – though exactly what constitutes as "reasonable" is debated.

The age of the child and the nature of the smack are taken into consideration, but hitting a youngster in a way that causes wounding, actual bodily harm, grievous bodily harm or child cruelty is against the law.

The physical punishment and discipline of children in Scotland has been banned since 2019.

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The Welsh Government bill was first put forward in 2019 with the support of children's charities the NSPCC, Barnardo's and Action for Children.

It was also backed by the United Nations which recommends all countries end the use of all types of physical punishment on children.

Its guidance, issued to organisations and people who work or volunteer with or care for children outside of formal education and childcare, states: "What should I do if I see a child being physically punished or if I am concerned about a child? Contact your local social services department.

"You can also call the police in an emergency, or if a child is in immediate danger."

The document also confirms that the new law covers more than smacking, with hitting, slapping and shaking also no longer allowed.

"There are lots of types of physical punishment. It isn’t possible to give a set list of what makes up physical punishment because it can be anything where a child is punished using physical force," it adds.

And while it insists the change is "not intended to prevent parents from disciplining their children", it warns anyone who does this in a physical way could be charged with common assault.

"They may get a criminal record which is the same for any criminal offence," it adds.

NSPCC welcomed the new rules as "positive" as it "puts the protection of children first".

PARENTS CRIMINALISED

But while many have praised the fresh guidance, Be Reasonable – campaigning against the smacking ban- believes the legislation will criminalise "ordinary loving parents".

Spokesperson Simon Calvert said: "This recent guidance is the final nail in the coffin of the frequent claims made by ministers and officials that changing the law on reasonable chastisement will not criminalise ordinary loving parents.

"As this clearly says, if you see a mum or dad tapping their child on the legs or hand because they are misbehaving, you should call social services and the police.

"Opening that person up to investigation, arrest and prosecution."

Previously, the campaign estimated the ban could cost £3.7million, including almost £1m for extra policing, court and Crown Prosecution Service costs.

Mr Calvert added: "Let's be clear, this change to the law has nothing to do with tackling genuine abuse, as the current law already protects children from that.

"But it criminalises a parent tapping their child on the back of the hand or the bottom for misbehaving.

"Even worse, even if that parent is released without charge the information will still be recorded on official databases and could impact on the employment prospects of teachers, doctors, nurses, in fact, anyone who works with children or vulnerable adults."

SMACKING BAN

While there are no known plans for a similar bill to be introduced in England, many have argued there should be.

A landmark study found smacking kids does not work as a deterrent for bad behaviour and can actually make them behave even worse.

The review of 20 years worth of research urged against any amount of physical harm to children.

Professor Elizabeth Gershoff, University of Texas at Austin and senior author of the paper, said: "There is no evidence that physical punishment is good for children.

"All the evidence indicates that physical punishment is harmful to children's development and well-being."

Sweden became the first country in the world to ban smacking in the home in 1979 when it outlawed corporal punishment.

The Child Law Advice states:

It is against the law for a parent or carer to smack their child, except where this amounts to "reasonable punishment".

This defence is laid down in section 58 of the Children Act 2004, but it is not defined in this legislation.

Whether a ‘smack’ amounts to reasonable punishment will depend on the circumstances of each case, taking into consideration factors like the age of the child and the nature of the smack.

There are strict guidelines covering the use of reasonable punishment and it will not be possible to rely on the defence if you use severe physical punishment on your child which amounts to wounding, actual bodily harm, grievous bodily harm or child cruelty.

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