Part-time school smacking loophole to be explored

Sir Roger Singleton wants to look at the position of other carers too

The government's chief adviser on children's safety says a loophole in the law on smacking needs looking at.

Sir Roger Singleton said it raised complex and sensitive issues and further controls would need careful consideration.

The government has asked him to do this and to report back by the end of March.

Smacking is banned in England's schools but some part-time settings such as Sunday schools and madrassas can say they give "reasonable punishment".

This involves their using the same defence to a charge of common assault that is open to parents.

Staff are not covered by the general ban on smacking in schools if lessons are taught for fewer than 12.5 hours per week for children under 12 and 15 hours for children over 12, for at least 28 weeks a year.

In a letter to England's Children's Secretary, Ed Balls, Sir Roger said this might extend even to youth workers, music teachers and home tutors.

"There is another group - those carers without parental responsibility to whom parents may entrust their children, such as step-parents and grandparents, or even friends and babysitters - who may also, depending on the circumstances, be acting in loco parentis," he said.

"This group, or a section of it, might be said to be more closely connected to the position of parents, and as part of any exercise it would be important to consider the implications for this group bearing in mind the range of relationships and circumstances it might cover."

He added: "The core question, therefore, is whether or not further limitations should be imposed on the defence of reasonable punishment in relation to the circumstances where parents hand over the care of their children to an organisation such as a Saturday or Sunday school, madrassa, club or group or to a private tutor, or to any other trusted person."

He said any regulation should be proportionate and involve the minimum possible interference in family life.

"Most parents do not believe that they should be banned from doing so by law and you do not want to criminalise those who administer a mild smack."

Some MPs have tried to get the law tightened during Parliamentary debate on the latest education bill.

Sir Roger said he would consult parents, children, lobby groups and representatives of the organisations running part-time schools.