Jersey child smacking ban 'could have prevented abuse'

A lawyer representing people abused in Jersey's care system says a ban could have "changed attitudes" (stock pic)

Children may have been saved from physical abuse in Jersey's care system if the law was stricter on smacking, a lawyer has claimed.

A politician on the Channel Island has proposed a ban, saying it is "key" to stopping violence against minors.

Alan Collins, who represents people who were abused in Jersey's care system, said it could have "changed attitudes".

Children can be smacked by hand if a person has "parental responsibility" and if it is "reasonable".

Proposed changes put forward by Deputy Mary Le Hegarat could see Jersey join the 53 countries that have outlawed smacking, if politicians agree next month.

Lawyer Alan Collins said children's welfare "became a secondary issue" in Jersey's care system in the past

In her plans, she referred to previous commitments by Jersey's States Assembly to reform laws around children, following the Independent Jersey Care Inquiry's final report.

More news from the Channel Islands

Mr Collins said a ban would come as "a great comfort" to survivors of the historic abuse, who came forward so the treatment would not continue.

He said the current "grey area" with regards to smacking children "means different things to different people" and making it unlawful would cause society to change attitudes around it.

"Lets say smacking had been outlawed 25 years ago, it's likely those children [who experienced abuse in Jersey's care system] would have been treated differently," Mr Collins added.

Parental judgement needed

The latest YouGov poll in 2017 found 59% of 4,283 surveyed adults "representative of the GB population" thought smacking children should not be banned, with 22% in favour.

Dr Ashley Frawley, senior lecturer in social policy at Swansea University, said smacking was "best left to parental judgement".

She said there was a "serious problem" in the UK with "over-intervention" into family life by the state.

A complete ban would make serious abuse and "normal forms of discipline" indistinguishable from one another to social workers, Dr Frawley said.

Politicians are due to debate the change on 15 January.

What is the law in Jersey?

As in the UK, smacking a child is not permitted in Jersey unless it is considered "reasonable".

By law only certain people can claim this defence:

• A person with "parental responsibility"

• A relative

• Someone who has "care of the child"

• Someone who has the consent of a person with parental responsibility

Punishing a child with anything but "the use of a hand" is not considered reasonable.