What the outcome was of the consultation last year on the physical punishment of children in Scotland.

We published our consultation paper in February 2000 and received 220 responses. Many incorporated the views of numbers of parents and children. We are grateful for all the careful thought and analysis that went into the responses. I have placed a full analysis in the Scottish Parliament's Reference Centre and on the Scottish Executive website.In our paper we did not propose a complete ban on physical punishment of children. We intend to retain the right of parents to reasonably chastise their children. But we propose a clearer definition of what is "reasonable" and further express restrictions on what is allowed. The responses we have received generally support this approach.Of the responses43% supported our proposals in general
34% called for a complete ban on physical punishment
17% did not support any change in the law, and argued for the right of parents to discipline their children as they see fit
6% did not state clear views.
Taking the responses as a whole, 77% of those who replied clearly supported further legal restrictions.A clear signal must be sent to parents and other adults caring for children that physical punishment must be kept within strict limits and only used as a last resort.Based on the views of those who commented, we will set out in statute the factors the courts must take into account when determining whether punishment was "reasonable". They will include:the nature, context of the punishment;
its duration and frequency;
its physical and mental effects, and
the sex, age and state of health of the child.
This will be a non-exhaustive list so that other factors could be taken into account depending on the circumstances of the case.We propose to prohibit absolutely blows to the head, shaking, and the use of implements. We also propose to ban physical punishment of children up to and including a certain age, and we propose this be the age of two. Up to this age, it is very doubtful that a child would understand why he or she was being punished, and if the child was in any imminent danger it should be possible for an adult to restrain or remove the child physically from the danger rather than punish him or her.Finally, in accordance with the overwhelming response by those involved in these services, we will prohibit corporal punishment in childcare centres, by childminders and in non-publicly funded pre-school centres. This is consistent with existing policy for schools and publicly funded pre-school centres and will provide welcome clarity for employees in these settings. The change in the law will not cover baby-sitters or nannies in the home. We believe that parents should have the right to set the ground rules for discipline in the home and that these should be observed consistently by all those who care for children in their own home.We will seek an early opportunity for legislation.The primary consideration in decisions about children is the welfare of the child, and we recognise the fundamental role of parents in this. We hope that our proposals will protect children and encourage all parents to reflect carefully on their right to administer punishment to their children.Physical violence is the antithesis of the behaviour we want to promote in children. If we want children to behave well, we should set them a good example. A child should have explanations, a clear disciplinary framework and sanctions other than physical punishment wherever possible. Our proposed changes should discourage casual or excessive use of physical punishment or its use for inappropriate purposes. If children receive a good example from thoughtful parents, this should help lessen levels of violence in society at large.