Jersey will be the first British isle to ban smacking children

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Jersey will become the first place in British Isles to enforce ban on smacking children when it outlaws ‘all forms of corporal punishment’ tomorrow

  • Jersey is will become the first Channel Island to ban all corporal punishment   
  • The amendment was passed by 39 votes to four and will be enforced tomorrow 
  • Jersey’s children’s minister and NSPCC welcome the change saying it is overdue
  • The children’s minister will run a campaign to inform parents about the change 

By Jordan King For Mailonline

Published: | Updated:

Jersey will be the first Channel Island to ban hitting, smacking or slapping children under any circumstances. 

Jersey’s government voted in favour of the ban  in December last year but will be the first of the British Isles to enforce it on Friday April 24. 

Children’s Minister Sam Mézec said: ‘I am proud that Jersey has taken this step and once again put children’s rights at the heart of what we do. 

Times have changed and there is no place in a modern society for the physical punishment of children.’ 

Before the amendment was passed parents and carers have been allowed to smack their children with ‘reasonable’ physical force.  

Children’s Minister Sam Mézec (pictured) said that he is proud that jersey will be the first British Isle to make smacking children illegal

The amendment passed the States Assembly by 39 votes to four.

One of the opposers, Senator Sarah Ferguson, argued that making ‘reasonable’ physical punishment illegal would make it difficult for parents to be authoritative. 

‘Parents have to have sanctions and sitting on the naughty step isn’t really a sanction,’ she said.

Scotland was the first part of the UK to ban smacking children in October last year but will only start enforcing it in November this year.  

The change comes after a 2017 report concluded that the Jersey’s care system was failing children. 

Mézec agreed that before this amendment Jersey’s child laws were not in line with the United Nations Convention on the Rights of the Child.

What is ‘reasonable’ physical punishment? 

According to section 58 of the 2004 Children Act parents or carers can smack their children ‘reasonably’. 

‘Reasonable’ punishment is not defined in the legislation and it is supposed to be decided based on the age of the child and the nature of the smack.  

Hitting a child would be illegal if: 

  • It leaves a mark on the child
  • If something else is used to hit a child 

‘I am proud to find ourselves in this position, able to claim today to be trailblazers, rather than lagging behind,’ said Mézec. 

The amendment also means that people will not be able to use corporal punishment as a defence in court.   

Referring to families being in lockdown Mézec said: ‘We understand that this new law change comes at a very challenging time for families and so we want to let parents know they are supported, which is why I have approved an awareness campaign to ensure that all parents are informed about these legislative changes and know where to get the support they need.’

Before the amendment it was legal for parents and carers to use 'reasonable' physical force when punishing children

Before the amendment it was legal for parents and carers to use ‘reasonable’ physical force when punishing children

The National Society for the Prevention of Cruelty to Children welcomed the amendment they had been campaigning in favour of for a long time.   

A spokesperson said: ‘More importantly, it will also ensure they are protected by the law from physical punishment. 

‘Prioritising the safety and wellbeing of the Island’s children and young people is needed now more than ever during these uncertain times.’