Cindy Kiro: When discipline goes too far

Cindy Kiro

On June 15, the New Zealand Herald published an opinion piece by Garth George entitled "Mother tells of losing her son in Family Court farce". Mr George presented a Timaru woman's view of her actions regarding disciplining her son with a riding crop.

Mr George relates her side of the story and is critical of myself, MP Sue Bradford, Child Youth and Family (CYF) and the Family Court. Significant facts about the case are omitted.

As Children's Commissioner, I hold statutory agencies and individuals (professionals and parents or cwaregivers) to account for child abuse and neglect. Investigations are made into cases of child death or serious injury or other forms of abuse.

In respect of this case, I believe that the Police and CYF acted appropriately in their decision to prosecute, and to remove the child from the care of this woman. I also believe that the Special Education Service and the Family Court's responses were appropriate.

These cases are always difficult. Statutory intervention is the last bastion by the state where child abuse or neglect is present. It would be nice to think that parents or caregivers do not abuse or neglect their children. Unfortunately they do. We must continue to provide such a last resort to protect children.

This case is significant because this woman admitted using a 45cm riding crop against her son, who suffers from brittle bone disease. She used Section 59 of the Crimes Act (1961) as a legal defence and was found not guilty by the jury.

It is the use of such a defence that is being debated in public. Section 59 of the Crimes Act (1961) says that parents are justified in "using force by way of correction of a child if the force used is reasonable in the circumstance".

If this woman had taken a riding crop to another adult and had been charged in circumstances where the "reasonable force" provision was not available, it is likely the outcome of court proceedings would have been different.

Mr George appears to suggest that the reaction of the various agencies involved, Special Education, Child, Youth and Family, the Police and the Family Court - were wrong.

He does this without the full facts, and undermines the difficult judgments they make in dealing with such cases. This is an irresponsible act by a senior journalist, especially since it is done on the basis of such selective information.

Parents have the responsibility to discipline their children, but not abuse them.

Contrary to Mr George's comments, most New Zealanders I speak to do not believe that the use of implements such as a riding crop is reasonable discipline of a child. They are correct and he is not.

* Dr Cindy Kiro is the Children's Commissioner