Recent debates about smacking children raised questions of whether it is acceptable to smack a child as a form of discipline and whether doing so is at the discretion of parents/guardians or the law.
Smacking was banned in Scotland in 2020 and was followed by Wales in 2022. It prompted new calls for the government to follow suit in outlawing the practice in England and Northern Ireland.
In April 2024, The Royal College of Paediatrics and Child Health released a report setting out why England and Northern Ireland should change the law to make physical punishment of a child illegal.
The report included studies by RCPCH which found smacking can be damaging to children’s behaviour, health and well-being.
It said for example, children who experience physical punishment are nearly three times more likely to develop poor mental health and twice as likely to be on the receiving end of serious physical assault and abuse.
What The Current Law Says
In England, it is currently unlawful for a parent or carer to smack their child, except where this amounts to ‘reasonable punishment,’ according to section 58 of the Children Act 2004.
But whether a ‘smack’ amounts to reasonable punishment usually depends on the circumstances of each case, taking into consideration factors such as the age of the child and the nature of the smack.
The government says parents are trusted to discipline their children.
A Department of Education spokesperson told the BBC in April 2024: “Any form of violence towards a child is completely unacceptable and we have clear laws in place to prevent it.”
The UK government said there were no plans to change the law on smacking in England and said it would monitor the impact of law changes in Scotland and Wales, according to the BBC.
“We are supporting teachers, social workers and all safeguarding professionals to spot the signs of abuse or neglect more quickly,” a Department for Education spokesperson said.
They added: “Our statutory framework for safeguarding children in England makes clear what organisations should do to keep children safe.”
While this may be the case for organisations, what about parents or guardians of the child?
Our Investigation
Legal Expert set out to explore the issue in an effort to gain a better understanding of the current landscape of children who experience physical abuse at the hands of a parent or guardian.
However, with no current ‘smacking’ ban in England and Northern Ireland, it proved challenging to obtain clear information.
Therefore, our investigation looked at how many children across England and Wales are subject to physical abuse and of these instances, how many are committed by the parents or guardians of the child.
The obvious limitation here is that there is currently no way of discerning whether the act of violence or physical abuse towards the child was intended as a punishment or not.
It raises the question as to whether an outright ban in England and Northern Ireland would provide a clearer insight into the current landscape of smacking and/or whether the state should have an input into a parent’s decision to discipline their child.
LegalExpert Solicitor, Jane Davies says: “No child should ever have to suffer physical abuse at the hands of their parents or guardian.
“Even though there is no outright ban on smacking in England and Northern Ireland yet, there are clear laws in place to protect a child from experiencing any form of violence.
“There are options available to victims of child physical abuse including claiming compensation for physical and emotional harm.”
What is child physical abuse?
There is no specific offence of “child physical abuse.” Practitioners have come to define child abuse based on the laws designed to protect children from harm. For example, the 2018 HM Government Report, ‘Working together to safeguard children,’ defines “child physical abuse” as:
“A form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.”
The College of Policing also defined “child physical abuse” as the “non-accidental infliction of physical force by one person on another, which may or may not result in personal injury.”
A child is defined as anyone who has not yet reached their 18th birthday, as stipulated in the United Nations Convention on the Rights of the Child (UNCRC).
How We Conducted Our Research Into Child Physical Abuse
According to the Office for National Statistics, the best available indicator of child physical abuse recorded by the police is offences of violence against the person involving “non-accidental infliction of physical force” where the victim was under the age of 18 years.
Some of these offences relate specifically to children, for example, cruelty to children/young persons. However, both adults and children can be victims of other offences. Age of the victim is therefore needed to identify those that relate to child physical abuse.
The Home Office Data Hub is a live database that allows police forces to provide the Home Office with record-level information on all crimes recorded. This includes the age of victims at the time of the offence. However, this information is not always provided, so not all child physical abuse offences recorded by the police can be identified.
Legal Expert sent Freedom of Information requests to every police force in England asking for the number of offences of child physical abuse in the last three years (Between April 6 2021 – April 5 2023)
We also asked; how many of these instances were perpetrated by the child’s parent or guardian.
Results
Bedfordshire
Child Physical Abuse Crimes in Bedfordshire
Child physical abuse at the hands of parents and guardians in Bedfordshire has soared by a staggering 38% in just one year.
An average of eight violent offences towards children have been recorded by Bedfordshire Police every day, with figures rising year on year.
Of these, around 19% are perpetrated by the child’s parent or foster parent.
A total 7,497 physical abuse crimes towards under 18-year-olds were recorded by police since 2021.
2,652 of these instances resulted in injury to the child and there have been a total of 4 homicide offences against a child in the county in the last three years.
There were 716 instances of child physical abuse committed by the Mother as well as 669 by the Father, according to police.
A further 14 physical abuse crimes were perpetrated by a foster parent of the child.
Cheshire
Child Physical Abuse Cheshire
26% of all child physical abuse crimes in Cheshire are committed by the parent or guardian of the child.
An average of 11 child physical abuse crimes have been recorded by Cheshire Police every day in the last three years.
The offences include; assault with injury, assault with intent to cause serious harm and racial assault without injury.
Across the county, a total of 11,915 physical abuse crimes towards children were recorded by police since 2021.
According to Cheshire Police, there were 4,040 child physical abuse recorded between April 6, 2021 – April 5, 2022. Of these, 1,002 incidents were recorded as having the child’s parent or guardian as the suspect or perpetrator.
The following year, figures climbed to a total 4,224 child physical abuse crimes, where 1,111 of them were logged as being perpetrated by the parent/guardian.
So far, between 2023/24, there have been a total of 3,651 such crimes, where 946 recorded the parent/guardian as the perpetrator of the abuse.
Teeside
20% of all physical abuse crimes on under 17-year-olds in Teeside are committed by the parent or guardian.
An average of 8 child physical abuse crimes have been recorded by Cleveland Police every day in the last two years.
The offences include; wounding with intent to do grievous bodily harm, assault occasioning actual bodily harm and common assault and battery.
Across Teeside, a total of 6,041 physical abuse crimes towards children (under the age of 17) were recorded by police between 2021-2023.
A total of 2,554 instances resulted in injury to the child. The majority (93%) of which, were ‘assault occasioning actual bodily harm.’
This means any hurt that interferes with health or comfort, such as cuts, bruises or psychiatric injury.
In Teeside, there were 1,191 recorded instances of child physical abuse committed by the parent or guardian between 2021-2023.
What’s more, the number could be higher, as there 71 cases where the victim refused to identify the perpetrator.
There were a further 355 alleged abusers that were recorded as ‘unknown’ according to Cleveland Police figures.
Dorset
Child Physical Abuse Dorset
A staggering 37% of all child physical abuse crimes in Dorset are committed by the parent or guardian of the child.
Our investigation revealed that an average of 8 child physical abuse crimes have been recorded by Dorset Police every day in the last three years.
The new figures obtained via Freedom of Information Requests show the number of violent offences against a child (17 years old or younger) including instances of child abuse or neglect.
In Dorset, a total of 8,399 physical abuse crimes towards children were recorded by police since 2021.
An eye-watering 43% of physical abuse crimes towards a child were committed by the parent or guardian between 2021/22, according to Dorset Police.
The following year, figures climbed to a total of 2,999 violent offences towards children, with 1,083 being at the hands of the child’s parent or guardian.
Between 2023/24, there were a total of 2,538 child physical abuse crimes, 39% of which were committed by a guardian or parent.
Durham
Child Physical Abuse Durham
There has been a rise in child physical abuse committed by the parent or guardian of the child in Durham, with 24% of violent offences toward a child perpetrated by the Mother or Father.
An average of 7 child physical abuse crimes were recorded by Durham Constabulary every day in the last three years.
Of which, a total of 1,789 acts of violence towards a child (under 18) where at the hands of the parent.
The figures show instances including; assault with injury, assaults with intent to cause serious harm and assault without injury.
Across Durham, a total of 7,879 physical abuse crimes towards children were recorded by police since 2021.
Of the 2,448 physical abuse crimes towards children in Durham between 2021/22, around 22% were committed by the parent.
Figures climbed in the county the following year 2022/23, with a total of 2,747 physical abuse offences recorded towards a child. Of those, 609 were at the hands of the parent.
In 2023/24, 24% of child physical abuse crimes were revealed as being committed by the child’s parent, according to Durham Constabulary, although the number of overall offences decreased slightly totalling, 2,684.
However, these figures could actually be higher, as there were a total of 55 instances in the last three years where the relationship of the perpetrator to the child was recorded as familial but ‘unknown.’
Essex
Child Physical Abuse Essex
Around 4 children every day are physically abused by their parent or guardian in Essex.
A total of 29,497 instances of child physical abuse were recorded by Essex Police in the last three years.
Of these, 3,891 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
The figures show instances of violence against a child but cases where the offence was either stalking or harassment were not included.
Across Essex, a total of 29,497 physical abuse crimes towards children were recorded by police since 2021 – that’s an average of 27 every single day.
A total of 10,033 physical abuse crimes were committed towards children in Essex between 2021/22. Of those, 1,242 were perpetrated by the child’s parent or guardian according to police figures.
Figures climbed the following year, 2022/23, with a total of 10,531 physical abuse offences recorded towards a child. Of those, 1,469 were at the hands of the parent or guardian.
In 2023/24, Essex Police recorded a total of 8,933 such offences, 1,180 of which were logged as having the parent or guardian as the perpetrator of the violence towards a child.
Gwent
Child Physical Abuse Gwent
21% of child physical abuse crimes in South East Wales are committed by the parent or carer of the child.
A total of 8,717 instances of child physical abuse were recorded by Gwent Police in the last three years.
Of these, 1,850 instances of violence towards a child (under 18) were at the hands of the parent or carer.
The figures include offences of; assault occasioning actual bodily harm, common assault and battery and grievous bodily harm.
In South East Wales, a total of 8,717 physical abuse crimes towards children were recorded by Gwent police since 2021 – that’s an average of 8 every single day.
A total of 2,548 physical abuse crimes were committed towards children in South East Wales between 2021/22. Of those, 528 were perpetrated by the child’s parent or carer according to police figures.
Figures climbed the following year, 2022/23, with a total of 3,177 physical abuse offences recorded towards a child. Of those, 707 were at the hands of the parent or guardian.
In 2023/24, Gwent Police recorded a total of 2,992 such offences, 615 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.
Since 2021, there were also 257 instances of child physical abuse where the perpetrator was recorded as being a member of the child’s family.
Hull and East Yorkshire
Child Physical Abuse Humberside
25% of child physical abuse crimes in Hull and East Yorkshire are committed by the parent or carer of the child,.
A total of 730 instances of child physical abuse were recorded by Humberside Police in just 12 months.
Of these, 183 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
In Hull and East Yorkshire, the highest number of physical abuse crimes towards children were recorded in June 2022 and March 2023 – where 86 acts of violence towards children occurred in each month.
Kent
Child Physical Abuse Kent
A staggering 44% of child physical abuse crimes in Kent are committed by the parent or carer of the child.
A total of 10,591 instances of child physical abuse were recorded by Kent Police between 2021-2023.
Of these, 4,610 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
The figures include offences of; assault with injury and assault with intent to cause serious harm.
Across Kent, a total of 5,218 physical abuse crimes towards children were recorded by police between 2021/22. Of those, an eye-watering 2,198 were perpetrated by the child’s parent or guardian.
Between 2022/23, Kent Police recorded a further 5,373 instances of child physical abuse, of which a staggering 2,412 were at the hands of the parent or guardian of the child.
Lancashire
Child Physical Abuse Lancashire
21% of child physical abuse crimes in Lancashire are committed by the parent or guardian of the child.
A total of 12,458 instances of child physical abuse were recorded by Lancashire Police in the last three years.
Of these, 2,662 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
The figures include offences of; assault with injury and assault with intent to cause serious harm.
Across Lancashire a total of 12,458 physical abuse crimes towards children were recorded by police since 2021 – that’s an average of 11 every single day.
A total of 4,024 physical abuse crimes were committed towards children in Lancashire between 2021/22. Of those, 806 were perpetrated by the child’s parent or carer according to police figures.
Figures climbed the following year, 2022/23, with a total of 4,375 physical abuse offences recorded towards a child. Of those, 904 were at the hands of the parent or guardian.
In 2023/24, Lancashire Police recorded a total of 4,059 such offences, 952 of which were logged as having the parent or carer as the perpetrator of the violence towards a child – that’s 23%.
Leicestershire
Child Physical Abuse Leicestershire
Leicestershire Police record an average of 15 child physical abuse crimes every day across the county in the last three years.
There have been 1,540 instances where the parent or guardian has committed acts of physical violence towards a child since 2021.
The figures include offences of; violence with injury, violence without injury and homicide.
Across Leicestershire, a total of 16,007 physical abuse crimes towards children were recorded by police since 2021 – that’s an average of 15 every single day.
A total of 5,068 physical abuse crimes were committed towards children in Leicestershire between 2021/22. Of those 463 were perpetrated by the child’s parent or guardian according to police figures.
Figures climbed the following year with 5,763 physical abuse offences recorded towards a child. Of those, 548 were at the hands of the parent or guardian.
In 2023/24, Leicestershire Police recorded a total of 5,176 such offences, 529 of which were logged as having the parent or guardian as the suspect of the violence towards a child.
In the last three years, police have recorded 7 cases of homicide where the victim was a child. In one instance, the parent or guardian is recorded as the suspect.
Lincolnshire
Child Physical Abuse Lincolnshire
22% of child physical abuse crimes in Lincolnshire are committed by the parent or guardian of the child with figures rising year on year.
An average of 7 instances of child physical abuse have been recorded by Lincolnshire every day in the last three years.
Of these, 1,736 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
Across Lincolnshire, a total of 7,767 physical abuse crimes towards children were recorded by police since 2021.
A total of 2,284 physical abuse crimes were committed towards children in Lincolnshire between 2021/22. Of those, 475 were perpetrated by the child’s parent or carer according to police figures.
Figures skyrocketed by 21% the following year, 2022/23, with a total of 2,711 physical abuse offences recorded towards a child. Of those, 619 were at the hands of the parent or guardian.
In 2023/24, Lincolnshire Police recorded a total of 2,772 such offences, 642 of which were logged as having the parent or carer as the perpetrator of the violence towards a child – that’s 23%.
Merseysde
More than a fifth of child physical abuse crimes in Merseyside are committed by the parent or guardian of the child.
13,741 instances of child physical abuse were recorded by Merseyside Police in the last three years – that’s an average of 13 every single day.
Of those, 2,898 instances of violence towards a child – under 18 – were at the hands of the parent or guardian.
The figures include offences of; common assault and battery, assault occasioning actual bodily harm and wounding with intent to do grievous bodily harm.
A total of 4,113 physical abuse crimes were committed towards children in Merseyside between 2021/22. Of those 899 were perpetrated by the child’s parent (including step/adopted or foster) according to police.
Figures climbed the following year, 2022/23, with a total of 5,087 physical abuse offences recorded towards a child. Of those, 1,084 were at the hands of the parent or guardian.
In 2023/24, Merseyside Police recorded a total of 4,541 such offences, 915 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.
North Wales
Child Physical Abuse – North Wales
A staggering 35% of child physical abuse crimes in North Wales were committed by the parent or guardian of the child between 2023/24.
An average of 10 instances of child physical abuse have been recorded by North Wales every day in the last three years.
Of these, 3,592 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
The figures include offences of; assault with injury and assault with intent to cause serious harm.
Across North Wales a total of 10,777 physical abuse crimes towards children were recorded by police since 2021.
A total of 3,612 physical abuse crimes were committed towards children in North Wales between 2021/22. Of those, 1,149 were perpetrated by the child’s parent or carer according to police figures.
Figures climbed the following year, 2022/23, with a total of 3,886 physical abuse offences recorded towards a child. Of those, 1,298 were at the hands of the parent or guardian.
In 2023/24, North Wales Police recorded a total of 3,279 such offences, 1,145 of which were logged as having the parent or carer as the perpetrator of the violence towards a child – that’s an eye-watering 35%.
North Yorkshire
Child Physical Abuse – North Yorkshire
24% of child physical abuse crimes in North Yorkshire were committed by the parent or guardian of the child in 2023/24.
An average of 7 instances of child physical abuse have been recorded by North Yorkshire Police every day in the last three years.
Of these, 1,662 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
The figures include offences of; assault with injury and assault with intent to cause serious harm.
Across North Yorkshire a total of 7,646 physical abuse crimes towards children were recorded by police since 2021.
A total of 2,451 physical abuse crimes were committed towards children in North Yorkshire between 2021/22. Of those, 507 were perpetrated by the child’s parent or carer according to police figures.
Figures climbed the following year, 2022/23, with a total of 2,671 physical abuse offences recorded towards a child. Of those, 555 were at the hands of the parent or guardian.
In 2023/24, North Yorkshire Police recorded a total of 2,524 such offences, 600 of which were logged as having the parent or carer as the perpetrator of the violence towards a child – that’s 24%.
Northamptonshire
Child Physical Abuse – Northamptonshire
24% of child physical abuse crimes in Northamptonshire are committed by the parent or guardian of the child.
An average of 9 instances of child physical abuse have been recorded by Northamptonshire Police every day in the last three years.
Of these, 2,222 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
Across Northamptonshire, a total of 9,380 physical abuse crimes towards children were recorded by police since 2021.
A total of 3,224 physical abuse crimes were committed towards children in Northamptonshire between 2021/22. Of those, 842 were perpetrated by the child’s parent or carer according to police figures – that’s 26%.
The following year, 2022/23, a total of 3,151 physical abuse offences were recorded towards a child. Of those, 715 were at the hands of the parent or guardian.
In 2023/24, Northamptonshire Police recorded a total of 3,005 such offences, 665 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.
Nottinghamshire
Child Physical Abuse Nottinghamshire
An average of 19 child physical crimes are recorded by Nottinghamshire Police every day.
A staggering 21,255 child abuse crimes have been reported in Nottinghamshire in the last three years.
Of these, 2,538 instances of violence towards a child (under 18) were at the hands of the parent or guardian.
Across Nottinghamshire had some of the highest numbers of child physical abuse crimes in the UK between 2021-2024.
A total of 7,539 physical abuse crimes were committed towards children in Nottinghamshire between 2021/22. Of those, 949 were perpetrated by the child’s parent or carer according to police figures.
The following year, 2022/23, a total of 7,239 physical abuse offences were recorded towards a child. Of those, 801 were at the hands of the parent or guardian.
In 2023/24, Nottinghamshire Police recorded a total of 6,377 such offences, 788 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.
Surrey
Child Physical Abuse – Surrey
A staggering 39% of child physical abuse crimes in Surrey are at the hands of the parent or guardian of the child – the highest in UK.
A total of 4,486 child abuse crimes have been recorded by Surrey Police in the last three years.
Of those, 1,740 instances of violence towards a child (under 18) were committed by the parent or guardian – it is the highest percentage of parental perpetrators reported by any other UK police force.
Across Surrey, an average of four child physical abuse crimes have been recorded by police every day between 2021/2024 – with figures skyrocketing by 27% in the last three years.
A total of 1,395 physical abuse crimes were committed towards children in Surrey between 2021/22. Of those, 605 were perpetrated by the child’s parent or carer according to police figures.
The following year, 2022/23, a total of 1,317 physical abuse offences were recorded towards a child. Of those, 566 were at the hands of the parent or guardian.
In 2023/24, Surrey Police recorded a total of 1,774 such offences, 569 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.
West Mercia
Child Physical Abuse – West Mercia
25% of all child physical abuse crimes in West Merica are at the hands of the parents or guardian of the child.
An average of 11 child physical abuse crimes have been recorded by West Mercia Police everyday in the last three years.
Of these, 3,108 instances of violence towards a child (under 18) were committed by the parent or guardian.
Across West Mercia – which covers areas Hertfordshire, Worcestershire, Shropshire and Telford & Wrekin, recorded some of the highest child physical abuse crime figures in the UK since 2021.
A total of 4,291 physical abuse crimes were committed towards children in West Mercia between 2021/22. Of those, 1,079 were perpetrated by the child’s parent or carer according to police figures.
The following year, 2022/23, a total of 4,369 physical abuse offences were recorded towards a child. Of those, 1,106 were at the hands of the parent or guardian.
In 2023/24, West Mercia Police recorded a total of 3,797 such offences, 923 of which were logged as having the parent or carer as the perpetrator of the violence towards a child.