Law to prevent physical punishment of children comes into force tomorrow

Maree Todd

The Children (Equal Protection from Assault) (Scotland) Act 2019 removes the defence of “reasonable chastisement” from the physical assault of children.

The legislation, brought forward by John Finnie MSP and supported by Scottish ministers, was passed by the Scottish Parliament in October 2019.

At the time the bill introduced, the law recognised a defence known as “reasonable chastisement” where certain forms of physical punishment were used. This could be relied on by a parent, or other person looking after a child. The bill abolishes this defence.

Children’s minister Maree Todd said: “I’m very pleased that Scotland has become the first part of the UK to legislate to ensure that children, without exception, have the same protection from assault as adults.

“This outdated defence has no place in a modern Scotland. It can never be reasonable to strike a child. The removal of this defence reaffirms that we want this country to be the best place in the world for children to grow up so that they feel loved, safe, respected and can realise their full potential.

“We have worked in partnership with organisations including children’s charities, Social Work Scotland and Police Scotland on implementation of this act. As part of this, we will continue to promote positive parenting and build on the support we already offer to children and families.”