Is it legal to slap a child in the face?

As a parent, you don't have the legal right to smack your child unless it is 'reasonable punishment' - find out more from Child Law Advice. If the violence you use is severe enough to leave a mark, for example a scratch or a bruise, you can be prosecuted for assault or the child can be taken into local authority care.

citizensadvice.org.uk - Young people's rights - Citizens Advice

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Children and young people have legal rights.

Proof of age

There are many schemes that provide cards to help prove your age. Many local authorities and local colleges run card schemes. The national Proof of Age Standards Scheme (PASS) does not issue cards itself but sets standards and approves other schemes. If a card has the PASS hologram it means that the card issuer has met strict standards set by PASS and that the card can be relied on. Make sure that any proof of age card you get shows the PASS hologram. For more information and for details of approved schemes, go to the PASS website at: www.pass-scheme.org.uk.

Discrimination

It's against the law to discriminate against anyone, including a child or young person, because of:

age

race, colour, nationality, ethnic or national origins

sex

disability

sexual orientation

religion or belief

gender reassignment

marriage or civil partnership

pregnancy or maternity leave

Some of the places where you are protected from discrimination include:

schools and colleges

work - check if your problem at work is discrimination

shops

clubs and pubs

hospitals and clinics

council services

You are protected against discrimination whether you are buying something or getting it for free. In certain circumstances, there are exceptions to these rules which mean that discrimination is allowed. If you have experienced discrimination, you may be able to take action against the organisation or person responsible.

For more information about discrimination, see our discrimination pages.

Nationality and immigration

The law on nationality and immigration is complicated, and you should seek the help of an experienced adviser, for example, at Citizens Advice. Search for your nearest Citizens Advice.

Personal records

At any age, you have the right to see information kept about you, unless the person looking after the information considers you incapable of understanding the nature of the request you are making. If you are refused access to your records you can complain to the Information Commissioner. As a parent you do not usually have the right to see information about your child kept on a computer record. This will only be allowed if: the person looking after the information knows that the child has authorised the request or the request is being made on behalf of a child or young person who is considered incapable of understanding the nature of the request For more information on access to personal records, look at the Information Commissioner's Office website.

Smacking and other corporal punishment

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Parents

If the violence you use is severe enough to leave a mark, for example a scratch or a bruise, you can be prosecuted for assault or the child can be taken into local authority care.

School

No teacher in a school is allowed to inflict corporal punishment on a pupil of any age. The head teacher and teachers can use reasonable non-physical means to punish a pupil for unacceptable conduct or behaviour. Any punishment must be fair, reasonable and within the school’s policy. Examples of reasonable punishment are extra work during school hours or being told off. A member of staff can use reasonable physical force to break up a fight between pupils or to stop pupils endangering themselves, other pupils or school property or to prevent a pupil from committing a criminal offence.

In care and other institutions

Corporal punishment must not be inflicted on any child or young person living in a children’s home, secure unit, foster home provided by the local authority or voluntary organisation, residential care home or young offender institution. If a child or young person lives in a private foster home, nursing or mental nursing home, or youth treatment centre, mild smacking is allowed as long as it does not leave a mark. If you are concerned about the use of punishment, you should consult an experienced adviser, for example, at Citizens Advice. Search for your nearest Citizens Advice.

Registered childminders

Registered childminders are not allowed to smack a child in their care.

If you are concerned about the use of punishment, you should seek the help of an experienced adviser, for example, Citizens Advice. Search for your nearest Citizens Advice.

Religion

Parents have the right to choose whether their child follows a religion at home and school, and, if so, which one. However, a child or young person may choose their own religion if they have sufficient understanding. If a parent considers the child's chosen religion to be harmful, a court can be asked to intervene. There is a general requirement on schools to provide religious education but it is possible for an individual child to be withdrawn from religious education.

Further help

Childline

England

Childline

Helpline: 0800 1111 (24 hour free advice line)

Website: www.childline.org.uk

Children and young people can ring or write, in confidence, if they need advice or are in trouble or danger. Childline can offer both support and practical help.

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Childline Cymru/Wales

9th Floor

Alexandra House

Alexandra Road

Swansea

SA1 5ED

Tel:

Helpline: 0800 1111 (24 hour free advice line)

Fax:

Website: www.childline.org.uk/CymruWales.asp

Coram Children's Legal Centre (England only)

Email: [email protected] www.childrenslegalcentre.com Wellington House

4th Floor,

90-92 Butt Road

Colchester

Essex

CO3 3DA

Coram Children's Legal Centre provides free legal advice and sometimes representation to children and parents on family, child and education law. The centre has lots of useful fact sheets on its website. The centre also has a specialist helpline for migrant children, their families and advisers.

The Office of the Children's Commissioner for England

33 Greycoat Street

London

SW1P 2QF

Tel: 020 7783 8330

Fax: 020 7931 7544

Email: [email protected]

Website: www.childrenscommissioner.gov.uk

The Office of the Children's Commissioner for England looks after the interests and acts as the independent voice of children and young people.

Children's Commissioner for Wales

Children's freephone

Tel: (Mon-Fri 9.00am -5.00pm)

E-mail: [email protected]

South Wales office

Oystermouth House

Phoenix Way

Llansamlet

Swansea SA7 9FS

Tel:

Fax:01792 765601

E-mail: [email protected]

Website: www.childcom.org.uk

North Wales Office

Penrhos Manor

Oak Drive

Colwyn Bay

Conwy LL29 7YW

Tel:

Fax:

The Children's Commissioner for Wales can give children and young people living in Wales advice about their rights and welfare. The Commissioner can also help you make a complaint about your treatment if you are using the usual complaints procedure of an institution such as a school, care home or social services department. If your complaint is unsuccessful, the Commissioner may be able to carry out a separate investigation. The Children's Commissioner also has powers to take action over 'whistleblowing'. 'Whistleblowing', in this case, is where an employee of an organisation for children and young people raises concerns that the organisation is acting against the interests of children in its care. Children can use the special freephone and freetext numbers to contact the Commissioner, which won't show up on any phone bill. There's also a special email address for children to use. The service is bilingual and if you want to talk to someone in a language other than English or Welsh, they will try to make this possible.

The National Society for the Prevention of Cruelty to Children (NSPCC)

42 Curtain Road

London

EC2A 3NH

Tel: 020 7825 2500

Helpline: (24 hour free advice line)

E-mail: [email protected]

Website: www.nspcc.org.uk

NSPCC offers advice, information and support.

citizensadvice.org.uk - Young people's rights - Citizens Advice

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