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1 Except in all schools, centres providing grant funded pre-school education, children’s homes and foster care (other than private fostering). Physical punishment is not permitted under the law in any of these settings. The Standards in Scotland’s Schools etc. Bill proposes the abolition of physical punishment in independent schools and all publicly funded pre-school centres (and see para 3.19).
2 Protecting Children, Supporting Parents: A Consultation Document on the Physical Punishment of Children. This is available from Joan Wild, Department of Health, Room 122, Wellington House, 133-155 Waterloo Road, London SE1 8UG. It is also available on the Internet at www.doh.gov.uk/scg/pcspcon.htm
3 Scottish Law Commission Report on Family Law (Scot Law Com No 135, May 1992) in paragraphs 2.67 to 2.105. Parts II to VI of the Report formed the basis of the Children (Scotland) Act 1995. The remaining parts are available on the Scottish Executive website
4 Scottish Law Commission Discussion Paper No 88 Parental Responsibilities and Rights, Guardianship and the administration of Children’s Property (October 1990).
5 Report on Family Law, Paragraph 2.95
6 Report on Family Law, Paragraphs 2.100 to 2.102
7 See para 3.2
8 See para 3.5 This would be a consequence of limiting the defence to only to those with parental responsibilities and rights.
9 Hansard, House of Commons, 1 May 1995, cols 49-75.
10 Sweden, Finland, Denmark, Norway, Austria, Cyprus, Croatia, Latvia
11 The case of Gray -v- Hawthorn 1964 J.C.69 sets out the criteria for evil intent as whether what happened was reasonable exercise of discipline, or exceed what could be regarded as reasonable chastisement.
12 They are explained informally in our booklet "Your Children Matter". Copies are available from the Scottish Executive Justice Department, (0131 244 3581). It is also available on the Scottish Executive website at: http://www.scotland.gov.uk/library/documents-w1/ycm-00.htm
13 Consultation on possible changes to this provision was undertaken in the paper Improving Scottish Family Law, published by The Scottish Office in March 1999. In January 2000, the Deputy First Minister announced that a White Paper would be published in May, to be followed by a further period of consultation.
14 Regulation 8 and paragraph 6 of Schedule 2 of the Fostering of Children (Scotland) Regulations 1996, (SI 1996/3263)
15 Regulation 10(2) of The Residential Establishments - Child Care (Scotland) Regulations 1996 (SI 1996/3256)
16 Inserted by section 48 of the Education (No 2) Act 1986
17 See paras 2.8- 2.12
18 A v the United Kingdom [1998] E.H.R.L.R. 82. The judgment
is available on the internet at
http://www.dhcour.coe.fr/Hudoc1doc2/HEJUD/199904/a.%20v%20uk%20batj.doc
19 A v the UK, at para 22.
20 And see para 2.12.
21 A parent may be defined as a person who has parental responsibilities and rights under the Children (Scotland) Act 1995 (see para 3.11). It should be noted that an unmarried father does not automatically have parental responsibilities and rights.
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