The Children (Equal Protection from Assault) (Scotland) Act 2019 came into force more than two months ago now – on November 7, 2020.

The new law, which is commonly referred to as “the smacking ban”, means that all forms of physical punishment of children, including smacking and slapping, are now against the law in Scotland.

Prior to the new legislation coming into effect in November, parents and carers could use physical force to discipline their children if their actions were considered “reasonable chastisement” or “justifiable assault”.

Even so, the answer to the question of what was considered to be “reasonable” was not always clear cut, and each case would be decided on its own particular facts.

A smack on a child’s bottom might generally have been regarded as “reasonable chastisement”, depending on the circumstances, whereas actions such as striking a child with an object, shaking a child, or hitting a child’s head, was unlikely to ever be regarded as reasonable or justifiable.

The new Act removes the defences of reasonable chastisement and justifiable assault to a charge of assault on a child under Scots law. Accordingly, now, if you smack your child in any way, you could be charged with assault.

The implications for family life in Scotland are obvious, and could result in the intervention of the state – not only bringing a parent into the realm of the criminal justice system, and the spectre of conviction in the criminal courts, but also raising child protection concerns where previously that would not have been the case.

Many parents have always regarded the physical chastisement of children as unacceptable. But as far as others are concerned, this manner of discipline mirrors their own upbringing, and was considered the norm.

Parents should now be in no doubt, however, that a major legal and cultural shift has taken place, consigning these attitudes and behaviours firmly to the past.

Now, even a light smack could result in a parent facing a criminal conviction, and/or the involvement of child protection professionals.

There are many, and varied, resources available to parents in terms of guidance around parenting, the setting of boundaries, and non-physical discipline of children.

If you are a parent, and you feel that you are struggling to adjust to the new regime, you may be well-advised to seek out such support.