Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020: synthesis report

The Children (Abolition of Defence of Reasonable Punishment) Wales Act 2020 (‘the Act’) came into force on 21 March 2022. The Act abolished the common law defence of ‘reasonable punishment’ previously available to parents and those acting in ’loco-parentis’ as a defence to charges of assault or battery against a child.

Under the terms of the Act, Welsh Ministers are required to prepare and publish reports on the effects of the legislative changes both three years and five years after implementation. The report marks the three-year post implementation review (PIR) period.

The report provides an assessment of the implementation of the legislation on the areas agreed with the Children, Young People and Education Committee during the passage of the legislation:

• the impact on public services
• awareness of the law
• attitudes to physical punishment
• stakeholder views and experiences. 

The report draws on a diverse range of data and research sources, including administrative data, survey data, and data captured from interviews and focus groups conducted through a research project.

Main findings

Implementation of the Act has been greatly aided by the creation of out of court parenting support worker roles. They have played a key part in working closely with families to give advice on positive parenting techniques and preventative support which provides a resolution to parents before criminalisation.

Many professionals, particularly those working in health and education reported that the Act was closely aligned with their roles and safeguarding responsibilities. For these professionals, the Act did not have a significant affect on workload. However, police and local authority staff reported an increase in workloads, particularly after the initial introduction of the Act. These initial effects have been partially eased by the development of clearer multi-agency guidance and more refined referral pathways.

Overall, the evidence demonstrates that awareness and understanding of the Act is generally strong amongst professionals, parents and carers, the general public and children and young people. 

Survey findings indicate low levels of public acceptance of the use of physical punishment in both those with and without caring responsibilities. However, the findings suggest there is still a minority who think that physical punishment is ‘sometimes necessary’ or misunderstand the scope of the Act.

Professionals report greater clarity and confidence in discussing discipline and children’s rights with families. Increased engagement with parents on positive behaviour management has helped professionals to shift their focus to addressing root-causes, taking a preventative approach. Whilst some challenges were noted in identifying cases of physical punishment, most professionals felt confident in the methods used.