Physical Punishment in the home

Following the Office of Law Reform consultation exercise on physical punishment, it was agreed that a provision corresponding to section 58 of the Children Act 2004 (this provision applies in England and Wales) would be introduced in Northern Ireland and that work on positive parenting would be taken forward.

Accordingly, Article 2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 provides for the restriction of the defence of reasonable chastisement to the summary charge of common assault.  This means the defence can no longer be raised on serious charges, such as wounding, grievous bodily harm, assault occasioning actual bodily harm and cruelty to a child.  The defence will also be precluded on a civil claim for damages where the harm caused amounted to actual bodily harm.

The Order was made at Westminster on 19th July 2006 and came into effect on 20th September 2006.

An inter-disciplinary group, which consists of representatives from across Government and the voluntary/community sector, has been established to progress the work on alternative forms of discipline and positive parenting.

From 11 Sep 2001 to  the 31 Jan 2002, the Office of Law Reform carried out an extensive public consultation exercise.  A summary version of the consultation paper

"Physical Punishment in the Home - Thinking About the Issues, Looking at the Evidence"

, together with an

"Analysis of Responses"

 can be viewed above.

If you have any difficulties accessing the pdf documents please contact us.