Page 10 - SEN114 September/October 2021

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Physical punishment of children to be made illegal in Wales
Following our news report about the BBC investigation into human rights abuses at a residential special school in Wales (Issue 113), we are pleased to be able to publish a piece by Philippa Cotterill, Head of Wales Office, Royal College of Speech and Language Therapists which describes how new legislation in Wales has the potential to end such issues.
‘Here in Wales we are entering a historic period which will see children’s rights further protected thanks to new Welsh Government legislation. The Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 will remove an archaic legal loophole by outlawing the physical punishment of children when it comes into force in Wales from 21 March 2022.
The Royal College of Speech and Language Therapists is committed to delivering the best possible outcomes for children and families regarding speech, language, communication and swallowing. This legislation will help our professionals in Wales in this endeavour, as it will enable us to be really clear with anyone caring for the child that physical punishment is not an option. Difficulties with speech, language and communication can be frustrating for the child and their parent, but we can provide support which reduces the frustration and can help to support the parent-child relationship.
It is important to be clear, this legislation does not create a new offence; it simply removes an outdated legal defence. The legislation resolves a grey area for those of us working with children, parents and carers, by making it crystal clear the physical punishment of children will be illegal in Wales.
I remember seeing a girl in a school, she was 10 years old. It was the end of the day and she disclosed to me her father had hit her. There wasn’t any question in my mind that it was something that needed to be reported, but this legislation simply clarifies there would no longer be a defence to such an assault. Knowledge about this new legislation is vital as well as understanding other areas of safeguarding children.
As a profession, we establish what affects a child’s ability to communicate. Difficulties may be developmental, physical or psychological in nature. These and other factors can all impact on children’s ability and confidence in communicating. The interaction between adults and children is a key aspect we look at if a child has communication difficulties. The nature of that relationship can be fundamental to working with the family to develop those skills.
Parents, carers and others close to children have a vital role in developing their communication skills and reducing the impact of speech, language and communication difficulties. The impact of such difficulties and associations with other risks is well evidenced. Sixty percent of youths in the justice system have speech and language needs as well as risks of
■ The common law defence of ‘reasonable punishment’ no longer exists in Wales.
poor literacy, mental health issues and poorer employment outcomes in adulthood.
If we have concerns about the safety of a child it is our responsibility as professionals to make sure we carry out our duty.
We are there as an advocate for the child too. We are there to support their development. Helping them with their communication means we have to have a trusting relationship between us. We might be the trusted adults they can understand and be understood by. We might be the only professionals for whom that is the case.
This new law will ensure children in Wales will have equal protection from assault as an adult. This clarity will simplify things for us as a profession and anything which removes ambiguity in the law is always welcome.’
News deadline for next issue: 12/10/2021. Email editor@senmagazine.co.uk
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