PAVA spray judicial review: judgment handed down

The Howard League for Penal Reform today (Monday 19 January) promised to monitor closely the use of PAVA spray against children in prison after the High Court ruled that the government’s decision to authorise the weapon’s rollout was lawful.

The charity went to court to challenge a decision announced by the former Secretary of State for Justice, Shabana Mahmood, to authorise the use of PAVA spray in three prisons in England, holding boys as young as 15 – Feltham A, Werrington and Wetherby – for a 12-month period. The claim has been dismissed.

In a judgment handed down in the High Court today (Monday 19 January), Mr Justice Calver said: “It is plain that the Secretary of State was closely involved in the formation of the PAVA policy and was insistent upon thorough safeguards being introduced concerning its use, as well as constant ‘live’ monitoring and oversight of the limited use of PAVA which she expected to be extremely rare in view of the limitations upon its use: viz, as a last resort, and only where there is an immediate threat of life-changing or life-ending violence.”

At a two-day hearing in December 2025, the judge was told that the decision had been “finely balanced”, due to the risk and controversial nature of the use of PAVA with children. The judge acknowledged that the Ministry of Justice did not expect the introduction of PAVA spray to reduce overall levels of violence and harm in prisons holding children, and that it may in fact cause a “long-term escalation and rising tenor of violent behaviour”, but officials believed that it had the potential to prevent the infliction of immediate and serious harm/violence.

It emerged in court that the then Secretary of State made her decision in a meeting with the Youth Custody Service in October 2024. She had been provided with an Equality Impact Assessment and a Child Rights Impact Assessment that showed that Black children, Muslim children and children with disabilities were likely to be particularly adversely affected by the decision. She was recorded as saying that she had concerns about disproportionate use of PAVA spray (on Black children in particular), stating that “this is her red line and she would not defend disproportionality in use”.

The Howard League was not alone in opposing the government’s decision when it was announced in April 2025. The Youth Justice Board, the Children’s Commissioner for England, the Independent Monitoring Boards and the British Association of Social Workers all issued critical statements in response. HM Inspectorate of Prisons had “serious concerns” about the move. The Howard League added its name to a joint statement signed by 37 other organisations and individuals working in children’s rights and youth justice, which called the decision “an abject failure in safeguarding those children held in custody”.

The judge found that there had been extensive engagement between the Secretary of State, the Youth Custody Service and stakeholders over a period of years. He said: “Their genuine concerns were taken seriously by the Secretary of State and indeed had a significant influence on the formulation of her decision. In particular they played a part in convincing her that PAVA should only be authorised for use by a small number of highly trained personnel as a last resort when necessary, proportionate and appropriate, and in formulating the very important safeguards to the use of PAVA.”

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “PAVA is a chemical irritant spray that can cause severe pain, and it is classified as a prohibited weapon under the Firearms Act 1968. Its authorisation for use against children is indicative of how toxic the prison system has become.

“Clearly, today’s decision in court is not the outcome we hoped for, and our disappointment will be shared by the many individuals and organisations who have stood alongside us in opposing this policy.

“We are glad that this opposition has forced the government to implement additional safeguards, including preventing a ‘full rollout’ to all officers in prisons holding children (as was originally proposed). However, we continue to have serious reservations as to how effective any safeguards or purported mitigations can ever be, knowing as we do the enduring harm already caused by the use of other pain-inducing techniques against children in prison. In particular, safeguards such as local and national operational reviews, child protection referrals and scrutiny by the Independent Restraint Review Panel have not prevented widespread misuse and persistent disproportionality to date.

“The judge seems to have taken comfort from the reassurance offered by the government that PAVA spray will be used extremely rarely and as a last resort. Unfortunately, we are already receiving calls from children who have been impacted by the use of PAVA spray. A strong theme is that, far from being a last resort, PAVA spray has already become a normalised response to incidents of violence.

“We will continue to support children and young people who are affected by this policy. We will be monitoring its use and governance closely, including at the 12-month review stage, and we will not hesitate to take further action if necessary.”

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. The judgment can be found here and here.
3. A summary of the two-day hearing, which includes links to key documents, can be found here.
4. The Howard League was 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. In April 2025, the Howard League shared figures, obtained through FOI requests and parliamentary questions, which showed that children were typically being kept in their cells for about 20 hours a day and receiving less than 15 hours of education per week.
6. In October 2024, HM Inspectorate of Prisons found that there had been a decade of declining quality of education in young offender institutions.
7. The Howard League is represented by Adam Straw KC, Shu Shin Luh and Shanthi Sivakumaran of Doughty Street Chambers, instructed by Michael Oswald and Catriona McGregor of Bhatt Murphy Solicitors.

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Rob Preece
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