Judicial review sought over use of PAVA spray in prisons holding children

A charity has launched legal proceedings in the High Court to challenge the use of PAVA spray in the children’s secure estate.

Lawyers acting for the Howard League for Penal Reform 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.

They say 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 damage it will cause to children, and the likely disproportionate use of PAVA spray against Black and minority ethnic children.

They also say introducing PAVA spray could increase violence and cause more harm overall.

“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,” Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said.

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. The charity says its use would be particularly damaging in prisons holding children, where positive relationships are essential to ensure that children are safeguarded and supported.

“Far from keeping children and staff safe, using PAVA spray will normalise violence and undermine trust between staff and the boys in their care,” Ms Coomber added. “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.”

There are also concerns that 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.

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.