Scottish School Board Association

SSBA

SSBA Debate on Criminal Justice (Scotland) Bill

3rd May, 2002

PRESS RELEASE

Scottish School Board Association condemns assaults on children of any age and not just under 3 as proposed by the Scottish Parliament.

In a response to the Scottish Parliament that followed its own consultation exercise with staff, pupils and parents in 300 schools across Scotland, the Scottish School Board Association believes that blows to children’s heads, shaking of children and hitting children with an implement should be made illegal for children of any age, not just for children under the age of 3 as proposed by the Scottish Parliament.

SSBA further considers that "excessive smacking" should continue to be dealt with through the common law and is appreciative of the Scottish Parliament’s recognition of this option under present laws.

SSBA wrote to 300 schools picked at random covering all 32 authorities. Responses were received from 528 members of staff, 555 parents and 510 students in either P7 or S2 making a total of 1,593 responses. We wrote –

"Background –

A Common Law Act protects children under 16 years of age from excessive physical punishment by anyone, including parents. Physical punishment has been illegal in schools for many years. The Scottish Executive is planning to bring in legislation which will give a clearer definition of what physical punishment is allowed. If what was done was to a child who had not attained the age of three years; or included or consisted of the following:

  1. a blow to the head;
  2. shaking; or
  3. the use of an implement,

the court would be required to determine if what was done was a justifiable assault.

Should these interpretations be reserved for children under the age of three or should they be extended to cover all children under the age of 16 years?"

Our responses are as follows:

 

Responses:

STAFF – 528 RETURNS

No Question Under the age of 3 Children of any age
    YES NO YES NO
1. Should the Government make it illegal to administer a blow to the head of a child - 244 5 503 10
2. Should the Government make it illegal for parents to shake a child - 280 11 399 41
3. Should the Government make it illegal for parents to use an implement against a child - 242 7 472 19

 

PUPILS – 555 RETURNS

No Question Under the age of 3 Children of any age
    YES NO YES NO
1. Should the Government make it illegal to administer a blow to the head of a child - 241 13 489 31
2. Should the Government make it illegal for parents to shake a child - 280 12 361 53
3. Should the Government make it illegal for parents to use an implement against a child - 219 15 219 23

PARENTS – 510 RETURNS

No Question Under the age of 3 Children of any age
    YES NO YES NO
1. Should the Government make it illegal to administer a blow to the head of a child - 238 13 476 16
2. Should the Government make it illegal for parents to shake a child - 265 22 392 56
3. Should the Government make it illegal for parents to use an implement against a child - 223 17 464 26

CUMULATIVE – 1,593 responses from 153 schools

No Question Under the age of 3 Children of any age
    YES NO YES NO
1. Should the Government make it illegal to administer a blow to the head of a child - 723 31 1,468 57
2. Should the Government make it illegal for parents to shake a child - 825 45 1,152 150
3. Should the Government make it illegal for parents to use an implement against a child - 684 39 1,155 68

 

We issued 5 questionnaires to staff, pupils and parents. To date 153 schools have responded and 1,593 questionnaires have been returned.

In the response to the Scottish Parliament SSBA stated:

  1. There is no significant difference in the returns from the three categories. It would appear that there is a large measure of agreement among the staff, the parents and the pupils of the 153 sample schools.
  2. There is a large majority in all three categories (staff, parents and pupils) against making any distinction between pupils under three and pupils beyond that age.
  3. The SSBA thinks that these outcomes are entirely predictable and would be borne out by a much larger sample. Hitting a child on the head is a dangerous procedure that would not be undertaken by any responsible parent. Recent court cases have shown that shaking a child can have fatal results. Even where there is no fatality, irreversible damage to the brain and the central nervous system could occur. Using an implement to inflict blows on any part of a child’s body is also unacceptable in present day society, though it may have been common in the past. Depending on the implement used, serious or permanent injury could occur.
  4. Introduction of legislation against use of any of the three types of punishment for children of any age would be a useful extension to and confirmation of the common law.
  5. SSBA considers that "excessive smacking" should continue to be dealt with through the common law and is appreciative of the Scottish Executive’s recognition of this option under present laws.

Ann Hill, Chief Executive of the Association, said that an overwhelming majority of the respondents, in all three categories (staff, parents and pupils), were opposed to assaults on children and did not support any distinction being made between children under and over the age of three.

"The findings show that what might be called a commonsense approach to this question commands overwhelming support" said Mrs Hill. "Few people, in the 21st century, can defend hitting children on the head, shaking them or beating them with an implement. All of these actions can result in serious physical damage to the child and this is not justified by any misbehaviour. Excessive physical punishment, including excessive smacking, can already be dealt with under common law".

Responses to Issues