Is it legal to pinch a child if they misbehave? UK law explained after Gemma Atkinson controversy

It is an offence for an adult to undertake any form of physical punishment that leaves a mark on a child  (PA Media)
It is an offence for an adult to undertake any form of physical punishment that leaves a mark on a child (PA Media)

Gemma Atkinson has caused a stir online this week after seeming to admit that she had pinched her young son as a punishment.

The former Emmerdale and Hollyoaks actress posted on Instagram Stories about how she dealt with a scenario after son Thiago, one, pinched Mia, four.

“Really noticing the differences in how Mia was to Thiago. It's fun to watch,” she said.

“Toys are just banged or slid across the floor and the tantrums are new as Mia didn't have them. He pretend cries and throws himself on the floor.

“I stand and watch until he realises it's getting him nowhere and they are slowly getting shorter. He pinches when he gets frustrated. I did it back to him on Wednesday as he did it hard to Mia. He's not done it since.”

Gemma Atkinson (with her fiance Gorka Marquez) appeared to admit and then deny pinching her child (PA Archive)
Gemma Atkinson (with her fiance Gorka Marquez) appeared to admit and then deny pinching her child (PA Archive)

The 39-year-old, who shares both children with her fiance and former Strictly Come Dancing partner Gorka Márquez, has faced criticism for how she handled the situation.

“There is no excuse for hurting a child, no matter how famous and mouthy you are,” one person replied to the Standard’s reporting of the story.

Atkinson later denied she had pinched her son and said she had mimicked the action while she was telling him off for hurting his sister. “As if I would,” she said.

Instagram Stories posts are deleted after 24 hours.

Making light of the furore, Atkinson added: “I better go get Thiago out of the car, he’s been in there for about three hours. Window’s down though, so he’ll be alright won’t he? He’s fine on the drive, I’m sure… good night.”

The heat around Atkinson has now died down but what does the law state about pinching a child?

Is it legal to pinch a child in the UK?

While Atkinson says she was joking, recorded cases of adults neglecting, mistreating or assaulting children have doubled in five years, according to police data.

As for the law, it has been illegal to inflict “any form of physical punishment that leaves a mark on a child or young person,” for the past 20 years.

This is under Section 58 of the Children Act 2004.

The same law states that it is “unlawful for a parent or carer to smack their child, except where this amounts to ‘reasonable punishment’”.

Doctors have called for outright bans on smacking in the UK. In April, the then children’s minister Laura Trott said it was “up to parents” to discipline children.

She said: “It is very clear that any abuse of children is completely unacceptable.

“We have been working very hard to make sure all the agencies involved with children are really cracking down on abuse, that there are clear guidelines involved.”