Children's Protection Act And Situation

[timothy22000]

If a children in the UK makes racist statement or throws object towards me in such a way that would harm my well being, what are the consequences if I smack or hit the children due to his bad behaviour as an international worker/student.

I would also kindly appreciate it if you could explain to me the Children's Act 2004(UK) and any law that may be applicable to this case such as Discrimination Law in relation to this question and in general because I'm keen to understand the effects of different law on the situation.

I am interested to know about this as I have had a discussion with a close friend of mine regarding this issue and will be thankful if any of the lawyers here could shed some light.

[Kathyan]

I am not a lawyer but common sense tells me that if you were to hit the child you would probably be arrested for assault on a minor.

[ummmm]

You 'would' be arrested for assault.

You also risk the wrath of the childs parents...

[pixie373]

The consequences will depend if you're reported and charged with assault. It would obviously be a foolish idea to hit the child. If anything, you're only confirming any prejudices they have. You don't give the age of the children, but it doesn't sound as though it could be self-defence. Has this actually happened?

[waterlocke22]

If someone's been racist towards you whether they are 10 years old or a 100 that is against the law! So is smacking a child! So i'd suggest you do the proper thing as an adult yourself and make a complaint to the police. The fact that you are an international student doesn't give you the right to smack a kid and if you did then good luck fighting your racism allegation now!

[Peter Pedant]

oops this sounds as tho this is a defence question
that is the kid has already been smacke/hit/beaten

see:
http://en.wikipedia.org/wiki/Children_Act_2004

which consolidates the Children Act 1989 and wiki says 'is rarely used' - the 1989 act usually is

There is no general right to hit someone if they make a racist statement and throw someone at you. The student's employer / supervisor will have a policy on beating / corporal punishment and basically the current view is that we dont hit or beat children at present in England.

[tonywiltshire]

You would be very unwise to strike anyone as you may then be guilty of a criminal act under English/Welsh law. Up to age 10 a child will enjoy immunity from criminal prosecution; this is not the case under Civil law as you can sue a child of any age though you will need a next or litigation friend as section 21 of the Civil procedure rules 1998. You can though report the action of the child to the parents.