'Anti-smacking' law: know your rights

BY JOHN HARTEVELT

Parents being investigated for smacking their children were today encouraged by Prime Minister John Key to ring a new help line so they know their rights.

The helpline is one of four recommendations Key said the Government had accepted and would implement following a review of the so-called "anti-smacking law".

Guidelines for social workers on how to deal with child abuse reports involving smacking would also be published immediately.

The new parent support helpline within Child Youth and Family (CYF) would be for parents with questions or concerns about how they were being dealt with in relation to the law.

The review group was set up in September to check on how police and CYF were implementing the law change. It included Ministry of Social Development chief executive Peter Hughes, Commissioner of Police Howard Broad and celebrity psychologist Nigel Latta.

Key said the review had found police and CYF had effective guidelines to make sure good parents were treated "as parliament intended" under the law.

"However, more can be done to reassure parents they will not be criminalised or unduly investigated for a light smack," the review found.

The group recommended the new guidelines for social workers and the telephone helpline. It had also suggested police and social workers be required to give families specific information on what to expect, what their rights were and what they could do to question what was happening when they had to deal with police or CYFs over the law.

A final recommendation was to collect more specific information on the application of the law so a clearer picture was available on how it was working.

"The Government does not want to see good parents criminalised for a light smack," Key said.

Latta was a controversial selection on the review panel, because he openly voted against the so-called "anti-smacking law" in a referendum on the matter earlier this year.

He was personally asked by Prime Minister John Key to take part in the review.

"I do not believe that a parent smacking their child, in the 'common sense' understanding of what that means, should be subject to criminal prosecution or investigation," Latta said when it was announced he would take part in the review.

Latta's prime time television programme "The Politically Incorrect Parenting Show" was a ratings success.

Key today said Latta spoke to staff working on the frontline for the police and CYF and was given full access to files for the review.

"Mr Latta has found that the police and CYF responded appropriately and proportionately to the child safety concerns that were raised," Key said.

CASE STUDIES

As part of the review clinical psychologist Nigel Latta looked at 12 cases out of a number of complaints from Family First New Zealand that parents had been inappropriately investigated or prosecuted.

Here are some of those cases:

* Father charged for shoulder shake of defiant daughter refusing to get out of bed.

What was reported by Family First: Father had been having problems with 15-year-old girl stealing money, sneaking out and coming home late. One morning after coming home at 4am shouting match took place when father tried to wake her up at 6am. Father shook her, she alleged father punched her at least three times. No medical treatment was needed, but father was taken away in handcuffs and eventually convicted and discharged on condition of counselling.

Agency information: Police called by daughter who accused father of punching her. Police attended and took father to station. CYF investigation identified breakdown in relationships within the family and the daughter was seriously challenging her parents.

Parents did not want support and said they would handle the situation by laying down clear boundaries. CYF took no further action, but advised daughter on what action to take if there was another incident.

Father was dealt with by the courts.

* Step-father charged for smacks

What was reported by Family First: A mother and step-father were having problems with 14-year-old and secretive behaviour with boyfriend. When the step-father tried to confiscate ring, she started to scratch and he had to physically restrain her and gave her three smacks on the bottom. Daughter complained to teacher she had been put in a headlock, tied to a post with a dog lead and hit with an electric fence pole. Step-father was advised to plead guilty to smacks and other charges were dropped.

Agency information: Police received complaint that 14-year-old had been beaten up by step-father, put in a strangle hold and tied up with a dog lead. Step-father admitted attempting to tie girl up and hitting her on the bottom. Step-father charged with assault and discharged without conviction.

CYF investigation identified significant concerns about the safety of the girl and she was removed from her mother's and step-father's care.

* Grandfather charged and convicted for tipping child out of a chair to get a "move on".

What was reported by Family First: A grandfather was convicted of assault after tipping his grandson out of a bean bag after the 11-year-old refused to turn the TV down. The boy called 111 and despite protestations from the grandson and grandmother the grandfather was arrested and held in cells for two nights. The man was advised to plead guilty to avoid cost and hassle by lawyer.

Agency information: Police called over alleged assault by grandfather after he acted aggressively and tipped boy off chair causing him to heavily strike his head on a metal pole.

It was also alleged that the grandparents argued and he hit her with a pair of trousers. The grandmother feared for her safety and that of her grandchild.

The grandfather was removed from house and charged with assault and convicted.

CYF said there had been previous involvement with the family, but there were no ongoing concerns for the boy's safety.

- with NZPA

- © Fairfax NZ News