In the High Court last week, Mr Justice Julian Knowles said he had to “respectfully disagree” with Home Office guidance which wrongly suggested that smacking your children is always illegal. 

In England, it is unlawful for a parent or carer to smack their child, except where this amounts to “reasonable punishment”. This defence is laid down in Section 58 Children Act 2004. Whether a “smack” amounts to reasonable punishment will depend on the circumstances of each case, taking into consideration factors like the age of the child and the nature of the smack. Corporal punishment of children in Scotland was made illegal in 2020, and in Wales in 2022, prompting calls for government to outlaw the practice in England and Northern Ireland. 

Whether there will be a change to legislation remains to be seen, however, in light of this recent ruling, Home Office guidance ought to be updated to reflect the actual position under current law.