Awareness high as review finds shift in attitudes and fewer prosecutions

A LANDMARK Welsh law banning the physical punishment of children is beginning to change attitudes and protect young people, according to a new Welsh Government review published on Tuesday (Dec 16).

The Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 came into force in March 2022, making it illegal for parents and carers to physically punish children.

Three years on, an independent evidence review has found high public awareness of the law, strong professional confidence in applying it, and a growing rejection of physical punishment as an effective form of discipline.

One of the central findings relates to the Out-of-Court Parenting Support Scheme, which allows parents to access guidance and education rather than face prosecution. Since the law was introduced, around 365 families have been referred to the scheme, with 310 parents completing the sessions. The majority reported positive outcomes, while fewer than five cases have progressed to prosecution.

The Welsh Government says this demonstrates that the legislation is focused on education and prevention rather than punishment.

The review found that awareness of the law is widespread. Around 95% of parents surveyed said they know physical punishment is illegal, while 87% of the general public were aware of the legislation. A similar proportion of children and young people said they understood that parents are not permitted to physically punish them.

Attitudes towards discipline are also shifting. The review found that 86% of parents now view physical punishment as ineffective.

Professionals working with children and families reported increased confidence when discussing discipline and children’s rights with parents, saying the law has removed previous uncertainty about what is acceptable.

However, the review also identified areas where further work is needed, including additional research and ongoing support for the workforce implementing the law.

Responding to the findings, the Minister for Children and Social Care, Dawn Bowden said the legislation was making “significant progress” in protecting children’s rights.

She said: “By supporting families rather than punishing them, we are helping parents develop positive relationships with their children.

“The fact that almost all parents now know physical punishment is illegal, and the majority see it as ineffective, represents a significant cultural shift.

“Our approach prioritises education and support, with hundreds of families benefiting from parenting programmes. We want a Wales where every child is safe, valued and respected.”

However, the law has not been without criticism.

Opponents have previously warned that banning physical punishment risks drawing the state further into family life and criminalising parents for low-level incidents that would once have been dealt with informally. Others have raised concerns about police workload and the challenge of consistent enforcement, while some parents continue to argue that discipline should remain a private family matter.

The campaign group Be Reasonable, which opposed the law, said the Welsh Government’s own figures show increased workloads for police and social services, with some local authorities reporting temporary backlogs linked to a rise in child protection enquiries. The Government’s review acknowledges that low-level incidents are now more time-intensive to process and that some cases have been reclassified as criminal offences.

Campaigners also claim that parents are being drawn into the criminal justice system despite earlier assurances that the law would not criminalise families, and have criticised the lack of a detailed assessment of the law’s financial impact on public services. Ministers dispute this characterisation, maintaining that prosecutions remain rare and that the emphasis remains on education and early support rather than punishment.

Welsh ministers maintain that the focus remains firmly on education and support rather than prosecution, but debate around the law’s long-term impact on families and public services continues.

Chris Sherwood, CEO of the NSPCC, said: “We strongly welcome today’s publication of the Welsh Government’s review, three years on from their change in legislation to end the legal defence for the physical punishment of children.  

“Wales’s trailblazing work has changed public opinion and improved social services’ ability to safeguard children. The report further echoes the unequivocal evidence that physical punishment is harmful, ineffective and damages the trust and wellbeing at the heart of family relationships. It leads to the question, why are England and Northern Ireland lagging behind? 

“Today the Prime Minister and the Northern Ireland Executive must face the reality that they can no longer drag their heels on previous calls for England and Northern Ireland to follow Wales’s example. They must act now to give all children the same protection from assault as adults.”