Qualitative research with professionals

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.

The research aimed to explore the ways in which the introduction of the Act has affected the frontline delivery of services with children and families.

Awareness of the Act was high among professionals. Many welcomed the clarity the Act provides, removing ambiguity and strengthening their authority to protect children’s rights.

Awareness of professional guidance was mixed. While many professionals recalled the awareness-raising campaigns directed at the general public, there was less consistent awareness of materials specifically designed for professionals. Where guidance was accessed, it was valued for its clarity and adaptability.

Most professionals expressed confidence in the methods used for identifying cases of physical punishment. They highlighted the value of experienced and qualified staff, and the strength of relationships between agencies, as factors that underpin effective practice.

The Act has had an inconsistent effect on the workloads of professionals. Some professionals reported that their workloads had not changed since the Act was introduced, as it aligned with existing safeguarding responsibilities. Where it was reported that workloads had increased, many noted that processes have been refined over time, which has helped to mitigate against this increase.