Howard League seeks judicial review of decision to authorise use of PAVA spray in prisons holding children

The Howard League for Penal Reform has begun legal proceedings in the High Court to challenge the government’s decision to authorise the use of PAVA spray in prisons holding children.

Lawyers acting for the charity have invited the court to grant permission for a judicial review to consider the lawfulness of the Secretary of State for Justice’s decision to introduce PAVA spray in three young offender institutions in England.

PAVA is a chemical irritant spray that can cause severe pain. It is classified as a prohibited weapon under the Firearms Act 1968.

The decision, announced in April, to authorise its use in Feltham A, Werrington and Wetherby prisons for a 12-month period represents a serious escalation in the use of force that is permitted against children.

The Howard League submits that the decision was unlawful because the Secretary of State for Justice failed to understand and investigate:

• the physical and psychological damage that PAVA spray will cause to children in custody;
• the likely disproportionate use of PAVA spray against Black and minority ethnic children, Muslim children and children with disabilities; and
• whether introducing PAVA spray would increase violence and cause more harm overall.

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “PAVA spray is dangerous. It has been deployed inappropriately in prisons holding adults and, at the Howard League, we will do all we can to stop its use on children.

“Far from keeping children and staff safe, using PAVA spray will normalise violence and undermine trust between staff and the boys in their care. This decision risks making conditions even worse for those living and working in prisons.

“Instead of arming staff, the way to improve safety is to close failing young offender institutions and ensure that children are accommodated in more appropriate settings – such as secure children’s homes – where they can be given the care and support they need. Prison is no place for a child.”

When PAVA spray was piloted in prisons holding adults in 2018, the evaluation findings indicated that it did nothing to reduce violence and in fact had a detrimental effect on relationships between staff and the people living there. This would be particularly damaging in prisons holding children, where positive relationships are essential to ensure that children are safeguarded and supported.

The Howard League is concerned by the lack of research into PAVA spray’s use in custody – and against children, whether in the community or in custody. What little research exists in relation to adults shows myriad potential physiological health impacts, including on the respiratory tract, eyes, skin and cardiovascular system.

Using PAVA spray on children in prison, who are more likely to have experienced trauma than other children, can be expected to cause severe psychological harm.

The Howard League has asked two clinical psychologists with considerable experience of working with children in the youth justice system to summarise the available evidence on using PAVA spray on children in prison.

They have explained that there is no research into the health implications of using PAVA spray on children in secure settings, but that there are a number of reasons why it is likely to have “an array of negative psychological and physical health consequences”.

They specify further research that could be done to understand this adverse impact, as well as the impact on levels of violence as a result of introducing PAVA spray into children’s prisons, before deciding to use PAVA spray on vulnerable children.

Prior to the government’s decision, there were already widespread concerns about the use of existing pain-inducing techniques on children in prison and calls for a prohibition on their use. Data obtained by the Howard League through a Freedom of Information Act request found that 65% of incidents of force involving pain-inducing techniques referred to the Independent Restraint Review Panel between April 2023 and March 2024 were deemed ‘outside of policy’.

Unlike other techniques that intentionally inflict pain, PAVA spray cannot be calibrated to inflict the minimum level of pain, or disapplied once risk is negated. Others in the vicinity, such as other children or staff, can be inadvertently affected by it.

The number of Black children and minority ethnic children in prison is disproportionately high, and there are already concerns about high levels of force used against them by staff. Official statistics for the deployment of PAVA spray in adult prisons indicate that a Black person is significantly more likely to be sprayed than a White person.

Data obtained by the Howard League through a Freedom of Information Act request shows that PAVA is also used disproportionately against Muslim prisoners.

The Howard League is concerned that the use of PAVA spray is likely to disproportionately affect children with mental and/or physical health concerns, speech, language and communication needs, learning difficulties and/or disabilities, and neurodivergence. There is significant overrepresentation of children presenting with these disabilities in custody.

Notes to editors

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison.
2. More information about PAVA spray and its use against children can be found on the Howard League website here and here.
3. The Howard League has launched a campaign on CrowdJustice to challenge the government’s decision and protect children from harm. Find it here.
4. The Howard League is among dozens of signatories to a statement published by the Alliance for Youth Justice (AYJ), opposing the government’s decision and setting out the significant risks this measure poses to children’s safety and wellbeing.
5. The Howard League submitted a Freedom of Information Act request to the Ministry of Justice, asking for the total number of people who have been affected by PAVA spray being drawn and used against them since the rollout of PAVA spray in prisons. The charity asked for the figures to be broken down by age and disaggregated further by ethnicity. The response can be found here.
6. The Howard League submitted a Freedom of Information Act request to the Ministry of Justice, asking for the number of people in prison, broken down by age and religion, who have been affected by PAVA spray being drawn and used against them. The response can be found here.
7. The Faculty of Forensic & Legal Medicine (FFLM) has prepared medico-legal guidelines, which summarise the current understanding of the medical implications of irritant sprays such as PAVA spray.
8. The Howard League is represented by Adam Straw KC, Shu Shin Luh and Daniella Waddoup of Doughty Street Chambers, instructed by Michael Oswald and Catriona McGregor of Bhatt Murphy Solicitors.

Contact

Rob Preece
Communications Manager
Tel: +44 (0)7714 604955
Email: [email protected]