UK judge: 'cultural context' to physical punishment of children

A UK high court judge has said that allowances should be made for some immigrants who hit their children.

Mrs Justice Pauffley said that "within many communities newly arrived in Britain", children were "slapped and hit" for misbehaviour in a way that "at first excites the interest of child protection professionals".

However, she said that proper allowance had to be made for "what is, almost certainly a different cultural context".

She made the comments in a case involving an Indian father trying to regain access to his seven-year-old son after he was arrested for allegedly beating his wife.

The court heard the boy, who cannot be named for legal reasons, told police that he was hit on the back and leg with a "long belt".

The father denied using a belt to strike the child but admitted he would deliver a "slap or a tap" to "keep him disciplined".

Pauffley, sitting in the Family Division of the High Court in London, concluded that the man had attacked his wife in a "horribly aggressive and violent assault".

However, she said that his treatment of his son did not amount to physical abuse under British law.

"I do not believe there was punitively harsh treatment of [the boy] of the kind that would merit the term physical abuse," she told the court. She added that a different cultural context should be taken into consideration.

"In this instance ... (the boy) did not appear to have suffered more than sadness and transient pain from what was done to him."

The father launched court proceedings in October 2014 to win access to his son, which he lost after being arrested for allegedly assaulting his wife. He was released on bail and told to stay away from both his child and wife.

Pauffley gave no detail about the progress of any police investigation.

In the UK it is lawful for a parent to smack their child if it amounts to "reasonable punishment".

Punishment usually considered "unreasonable" includes using an object such as a belt or stick, or if the blows are strong enough to leave a mark.

Initial reactions on Twitter have been largely critical of the ruling. Some said that the judge's remarks were "discriminatory".