Childminders who smack to face criminal charges

16 July 2003

Sure Start Minister, Baroness Ashton, has revealed that childminders who smack a minded child, no matter how mildly, will be guilty of a criminal offence under new regulations due to come into force in September, even where physical correction has been authorised by the child's parent.

In response to an enquiry from national advocacy group Families First, Lady Ashton stated that offending childminders would be required to attend 'behaviour management training' in the first instance, followed by prosecution or 'other enforcement action' if they persisted in smacking.

Norman Wells of Families First commented: 'It is outrageous that a government minister should presume to dictate to parents how their children may or may not be reasonably disciplined when entrusted to the care of a childminder. Lady Ashton is flying in the face of common sense and of a public opinion poll commissioned by her own department, which shows that 84 per cent consider this to be a matter that can be left with parents and childminders to agree between themselves.'

'Without a shred of evidence in support of its position, the department seems to have made up its mind that smacking is the worst thing a childminder can do to a child, when all the research evidence demonstrates that physical correction used consistently and with care in the context of a stable and secure relationship is an effective form of discipline.'

'This draconian measure undermines both parents and childminders, many of whom have successfully brought up children of their own with the use of judicious physical correction, and runs counter to the principles of the Children Act 1989 which provides that parents may arrange for some or all of their responsibilities to be met by another person acting on their behalf. It also stigmatises parents who use physical correction in the discipline of their own children and suggests that their care is substandard and unprofessional.'

Notes for Editors

1. In December 2000, the Department for Education & Employment published the results of its own opinion poll which showed that 84 per cent of parents believed that they and not the state should have the right to decide whether a childminder should be permitted to smack their child. Only 10 per cent thought the state should impose its own view on the matter.

2. Baroness Ashton's proposal is at odds with the views of Home Secretary, David Blunkett. At the end of 2000, while Secretary of State for Education, Mr Blunkett stated: 'I do believe that the right to smack in exceptional circumstances is one which should remain with parents and with childcarers who are carrying out the explicit wishes of parents... This is one issue where the role of government and the state should not be extended into people's homes. It should be for parents to decide for themselves.'

3. The Children Act 1989 states: 'A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.'

Families First is a family advocacy group, committed to supporting parents and children in the family unit. It supports the rights and responsibilities of parents to protect and guide their children and to bring them up in a reasonable manner, according to their religious and philosophical convictions.

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