Physical punishment of children: the remaining barrier to equal protection in England and Northern Ireland

Heilmann and colleagues discuss how physical punishment harms children, is an ineffective disciplinary strategy, and is associated with adverse outcomes.1 Their conclusion that children and adults should enjoy the same protection from assault (“equal protection”) is supported by substantial research and human rights obligations.2Greater attention should, however, be paid to the legal position in England and Northern Ireland. Debate often proceeds under the incorrect assumption that physical punishment remains lawful. Assault of a child is unlawful, as is assault of an adult. The distinction is that, under certain circumstances, in response to allegations of common assault or battery, a parent may rely on the defence of reasonable punishment. The persistence of this defence in England and Northern Ireland means that children remain the only group in society without full legal protection.23This is more than a technical legal distinction. The reasonable punishment defence creates uncertainty for professionals seeking to deliver clear…