Smacking children should be banned throughout the UK as current laws are “unjust and dangerously vague” – making it harder to identify when youngsters are being abused, children’s doctors have said.
In a report, the Royal College of Paediatrics and Child Health (RCPCH) is urging ministers in England and Northern Ireland to follow the lead of Wales, where lawmakers banned any type of corporal punishment including smacking, hitting, slapping and shaking in March 2022.
A similar ban has been in place in Scotland since November 2020.
Professor Andrew Rowland, a consultant paediatrician and RCPCH officer for child protection, said: “The laws around physical punishment as they stand are unjust and dangerously vague.
“They create a grey area in which some forms of physical punishment may be lawful, and some are not.”
He said he was “regularly faced with situations where it is alleged that physical punishment has been used against a child” but that the “vague nature of the laws make it extremely challenging” to talk to families about what the rules are and therefore more difficult to talk about the best interests of their children.
“This lack of legislative clarity can even add an extra layer of complexity when trying to identify cases of child abuse,” he said.
Prof Rowland said society’s views on punishment had changed over time, with a majority of adults agreeing that physical punishment of children was unacceptable.
He added “there must be no grey areas when it comes to safeguarding children” and changing the laws in England and Northern Ireland “will give us absolute clarity”.
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Bess Herbert, advocacy specialist at international campaigning organisation End Corporal Punishment, said: “I hope that England and Northern Ireland will soon join the ever-growing number of countries that have taken this fundamental step in protecting children, upholding their rights, and supporting healthy and positive child raising.”
The NSPCC’s Joanna Barrett said children in England and Northern Ireland “continue to be exposed to a legal loophole that can undermine their basic right to protection under the guise of ‘reasonable chastisement'”.
But Simon Calvert, from the Be Reasonable Campaign, claimed calls for a law change “are motivated by ideology, not by clinical evidence” and elected representatives must reject them.
“The current law strongly prohibits all violence against children, while protecting parents from prosecution for innocent and harmless parenting decisions,” he said.
A spokesperson for the Northern Ireland department of health said changing the law will require the agreement of the Northern Ireland Executive.
“The Department of Health continues to play an important role in supporting parents and carers of children and young people and in particular to promote positive parenting behaviours,” they added.
A department for education spokesperson said: “Any form of violence towards a child is completely unacceptable and we have clear laws in place to prevent it. It is the responsibility of the parent to discipline their children, appropriately and within the boundaries of the law.
“We are supporting teachers, social workers and all safeguarding professionals to spot the signs of abuse or neglect more quickly, and our statutory framework for safeguarding children in England makes clear what organisations should do to keep children safe.”
A 15-year-old boy who was operated on twice by a now unlicensed Great Ormond Street surgeon is living with “continuous” pain.
Finias Sandu has been told by an independent review the procedures he underwent on both his legs were “unacceptable” and “inappropriate” for his age.
The teenager from Essex was born with a condition that causes curved bones in his legs.
Aged seven, a reconstructive procedure was carried out on Finias’s left leg, lengthening the limb by 3.5cm.
A few years later, the same operation was carried out on his right leg which involved wearing an invasive and heavy metal frame for months.
He has now been told by independent experts these procedures should not have taken place and concerns have been raised over a lack of imaging being taken prior to the operations.
Image: Yaser Jabbar rescinded his UK medical licence last year. Pic: LinkedIn
His doctor at London’s prestigious Great Ormond Street Hospital was former consultant orthopaedic surgeon Yaser Jabbar. Sky News has spoken to others he treated.
Mr Jabbar also did not arrange for updated scans or for relevant X-rays to be conducted ahead of the procedures.
The surgeries have been found to have caused Finias “harm” and left him in constant pain.
“The pain is there every day, every day I’m continuously in pain,” he told Sky News.
“It’s not something really sharp, although it does get to a certain point where it hurts quite a lot, but it’s always there. It just doesn’t leave, it’s a companion to me, just always there.”
Mr Jabbar rescinded his UK medical licence in January last year after working at Great Ormond Street between 2017 and 2022.
The care of his 700-plus patients is being assessed, with some facing corrective surgery, among them Finias.
“Trusting somebody is hard to do, knowing what they have done to me physically and emotionally, you know, it’s just too much to comprehend for me,” he said.
“It wasn’t something just physically, like my leg pain and everything else. It was emotionally, because I put my trust in that specific doctor. My parents and I don’t really understand the more scientific terms, we just went by what he said.”
Doctors refused to treat Finias because of his surgeries
Finias and his family relocated to their native Romania soon after the reconstructive frame was removed from his right leg in the summer of 2021.
The pain worsened and they sought advice from doctors in Romania, who refused to treat Finias because of the impact of his surgeries.
Dozens of families seeking legal claims
His mother Cornelia Sandu is “furious” and feels her trust in the hospital has been shattered. They are now among dozens of families seeking legal claims.
Cyrus Plaza from Hudgell Solicitors is representing the family. He said: “In cases where it has been identified that harm was caused, we want to see Great Ormond Street Hospital agreeing to pay interim payments of compensation for the children, so that if they need therapy or treatment now, they can access it.”
Finias is accessing therapy and mental health support as he prepares for corrective surgery later in the year.
A spokesperson for Great Ormond Street Hospital told Sky News: “We are deeply sorry to Finias and his family, and all the patients and families who have been impacted.
“We want every patient and family who comes to our hospital to feel safe and cared for. We will always discuss concerns families may have and, where they submit claims, we will work to ensure the legal process can be resolved as quickly as possible.”
Image: Finias with his mother and sister
Service not ‘safe for patients’
Sky News has attempted to contact Mr Jabbar.
An external review into the wider orthopaedic department at the hospital began in September 2022.
It was commissioned after the Royal College of Surgeons warned the hospital’s lower limb reconstruction service was not “safe for patients or adequate to meet demand”.
The investigation is expected to be completed by the end of the year.
Sir Keir Starmer has said closer ties with the EU will be good for the UK’s jobs, bills and borders ahead of a summit where he could announce a deal with the bloc.
The government is set to host EU leaders in London on Monday as part of its efforts to “reset” relations post-Brexit.
A deal granting the UK access to a major EU defence fund could be on the table, according to reports – but disagreements over a youth mobility scheme and fishing rights could prove to be a stumbling block.
The prime minister has appeared to signal a youth mobility deal could be possible, telling The Times that while freedom of movement is a “red line”, youth mobility does not come under this.
His comment comes after Kaja Kallas, the EU’s high representative for foreign affairs, said on Friday work on a defence deal was progressing but “we’re not there yet”.
Sir Keir met European Commission president Ursula von der Leyen later that day while at a summit in Albania.
Image: Ursula von der Leyen and Sir Keir had a brief meeting earlier this week. Pic: PA
Sir Keir said: “First India, then the United States – in the last two weeks alone that’s jobs saved, faster growth and wages rising.
“More money in the pockets of British working people, achieved through striking deals not striking poses.
“Tomorrow, we take another step forward, with yet more benefits for the United Kingdom as the result of a strengthened partnership with the European Union.”
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Conservative leader Kemi Badenoch has said she is “worried” about what the PM might have negotiated.
Ms Badenoch – who has promised to rip up the deal with the EU if it breaches her red lines on Brexit – said: “Labour should have used this review of our EU trade deal to secure new wins for Britain, such as an EU-wide agreement on Brits using e-gates on the continent.
“Instead, it sounds like we’re giving away our fishing quotas, becoming a rule-taker from Brussels once again and getting free movement by the back door. This isn’t a reset, it’s a surrender.”
Roman Lavrynovych appeared at Westminster Magistrates’ Court on Friday and was remanded in custody.
Officers from the Metropolitan Police’s Counter Terrorism Command led the investigation because of the connections to the prime minister.
Emergency services were called to a fire in the early hours of Monday at a house in Kentish Town, north London, where Sir Keir lived with his family before the election.