§ Baroness Davidasked Her Majesty's Government:
Further to the Written Answer by the Baroness Jay of Paddington on 25 June (WA 44), whether they intend to protect all children "living away from home" from corporal punishment, as recommended in Sir William Utting's Report People Like Us. [HL2643]
51WA
§ The Minister of State, Department of Health (Baroness Jay of Paddington)Corporal punishment is not permitted by law, with the exception that a parent or someone actingin loco parentis is entitled to administer corporal punishment which is reasonable in all the circumstances. Legislation prohibits corporal punishment in children's homes, foster care and registered care homes. The Government would not expect any public sector employee to use corporal punishment.
Current legislation does not specifically prevent the use of corporal punishment by private foster carers. Children Act guidance on assessing the suitability of private foster carers states that social workers should explore the (private) foster carers' views on discipline, including their preparedness to accept that corporal punishment is inappropriate for children who are privately fostered. The department is currently reviewing the safeguards around private foster care in the light of recommendations in the report People Like Us.