A couple have been prevented from fostering children after insisting on the right to smack their own daughter “as a last resort”.

David and Heather Bowen told an adoption panel that they would never smack a foster child but might physically chastise their own daughter “once or twice a year”.

Despite initially being recommended as good candidates by social workers, the couple were turned down for fostering after refusing to reconsider their position.

The couple, from Taunton, Somerset, were told by the panel that they would not be allowed to take in children because of their approach to “behaviour management”.

Mr and Mrs Bowen, who are both volunteers at their church and local schools, are appealing against the decision by Somerset county council.

Mr Bowen, 42, said: “Based on the evidence presented to the council, we cannot understand why we are unsuitable and it seems that we have been excluded on the basis that we physically chastise our birth child, in accordance with our beliefs and UK law.

“I’m sure other parents would have just lied.”

He added: “Our birth daughter is only chastised physically as a last resort amongst a whole range of other forms of behaviour management strategies which include rewards and sanctions. The council has made us feel we are bad parents and yet we do nothing that hundreds of thousands across the UK do as loving and responsible mothers and fathers.”

Parents are legally allowed to smack their children if it is considered a “reasonable chastisement” and provided they leave no more than a “transitory” mark.

The Government ruled out a total ban after reviewing the law in 2000. Mr and Mrs Bowen fear that the ruling against them will mean thousands of children will be denied access to good foster care because potential foster parents smack their own children.

The Bowens have a nine- year-old daughter, Emma, and felt they were good candidates for fostering after failing to conceive following the death of their second child, Jonathan, from a rare illness.

They were turned down last month following a 14-month approval process. Mrs Bowen, 47, said: “We felt we had room to give more love to other children. As the outcome sank in we began to grieve again, feeling a tremendous sense of loss that we would not be allowed to complete our family and provide a loving home to a child in need.”

The British Association for Adoption and Fostering said it believed smacking was generally inappropriate, particularly for vulnerable children who may have been abused in the past.

John Simmonds, its director of policy, research and development, said: “The expectation is that you treat foster children as one of your own. You can’t set one standard for your own children and another for the foster child.”

Linda Barnett, the head of children’s services at Somerset county council, said: “In common with most other local authorities, Somerset has a Foster Carer’s Agreement which describes our belief about parenting. Where carers have a very strong personal belief that differs from the Foster Carer Agreement, it is potentially unfair to expect them to operate to a set of guidelines which conflicts with this.”

Rights and wrongs of smacking

Smacking remains legal but the law on it was toughened up in 2004 in response to pressure from children’s campaigners.

The Children Act removed the defence of “reasonable chastisement” from parents who left more than a “transitory mark” on their child.

Causing a bruise, reddened skin or psychological injuries can result in an assault charge and five years’ jail.

However, earlier this year the Sentencing Guidelines Council, which sets down rules for magistrates and judges, appeared to signal a change of opinion.

It called for leniency, recommending light sentences for parents who are prosecuted for smacking but did not intend to hurt their child.

Campaign groups such as the NSPCC and the National Children’s Bureau continue to press for tougher laws, however.

The Children Are Unbeatable! alliance wants an outright ban.

Source: Telegraph.co.uk, United Kingdom
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2008/04/09/nfoster109.xml