Howard League responds to use of PAVA against children in prison   

The Howard League for Penal Reform has responded to condemn the government’s decision to introduce PAVA spray for use against children in prison, announced today (Thursday 24 April).

PAVA is a chemical irritant spray that can cause severe pain. It is classified as a prohibited weapon under the Firearms Act 1968, but staff have been given power to use it in prisons holding men. Today, ministers have announced that the incapacitant spray will be rolled out to prisons holding children. 

The government’s decision represents a serious escalation in the use of force that is permitted against children. Far from keeping children and staff safe, normalising the use of violence in this way risks making conditions even worse for those living and working in prison. The move is also inconsistent with the government’s ‘Child First’ approach, which commits to seeing children as children first and foremost, and to prioritising their best interests.  

When PAVA spray was first piloted in adult male prisons, evaluation of the project found that it did not reduce violence overall, and it was recognised – by staff as well as people living in prison – that the spray’s introduction had undermined relationships. 

The use of PAVA spray would likely be especially harmful in prisons holding children, where positive relationships are essential to ensure that children are safeguarded and supported. Charities working in youth justice have raised concerns about the inappropriate and disproportionate use of force against children in custody, and there are fears that PAVA spray will exacerbate the unequal treatment already experienced by those from racially minoritised backgrounds and with disabilities. 

Data obtained by the Howard League through Freedom of Information Act requests show that, in adult male prisons, Black men are significantly more likely to be sprayed with PAVA than White men. Black men are almost three times more likely to be sprayed with PAVA than White men, with young Black men under the age of 25 five times more likely to be sprayed with PAVA than their White counterparts. 

Our lawyers are engaged in legal correspondence to address this disproportionality in three specific prisons, Brinsford, Isis and Feltham B, which together account for more than a third of all PAVA use in adult prisons. In particular, we are concerned that this disproportionate use against young Black men will be mirrored in children’s prisons.  

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “There is too much violence in prisons holding children, but this is a direct consequence of a failing system that keeps boys as young as 15 locked in their cells for up to 23 hours a day without meaningful access to education or social interaction. 

“It reflects a profound failure on the part of those responsible for children in custody that they would consider introducing weapons in the name of safety. The Howard League will take whatever steps necessary, including legal action, to challenge this decision.  

“Instead of arming staff, the way to reduce violence 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.” 

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 and its use in against children can be found on the Howard League website at: https://howardleague.org/pava-spray-q-a/
3. The Howard League has signed a statement published by the Alliance for Youth Justice (AYJ), and supported by many other organisations working to represent the views of, or deliver services to, children. The statement sets out the significant risks this measure poses to children’s safety and wellbeing: https://www.ayj.org.uk/news-content/pava-joint-statement
4. The Ministry of Justice provided the following table showing PAVA incident reports between April 2019 and December 2024, disaggregated by age and ethnicity:
   

   Age/Ethnic Group	Drawn and used	Drawn not used
   18-20
   Asian	100	21
   Black	614	129
   Mixed	165	34
   Other	28	14
   Unknown	~	0
   White	279	85
   21-24
   Asian	61	15
   Black	420	128
   Mixed	116	51
   Other	24	13
   Unknown	~	~
   White	234	115
   25+
   Asian	68	29
   Black	272	170
   Mixed	77	69
   Other	18	19
   Unknown	~	~
   White	663	530

   ~indicates ‘five or fewer’

   A comparison of the rates of PAVA use (drawn and used and drawn and not used) with the available population data for each of the age groups shows that Black prisoners of all ages have PAVA drawn and used, and drawn and not used, against them with disproportionate frequency. 

 Our analysis of the data also shows that white prisoners of all ages have PAVA drawn and used/drawn and not used against them with disproportionate infrequency.  

Contact

Noor Khan
Press and Public Affairs Officer
Tel: +44 (0)20 7241 7873
Email: [email protected]