Staff in Young Offender Institutions to be armed with pepper spray

Selected staff in Young Offender Institutions (YOIs) will be equipped with the synthetic pepper spray PAVA, the Government announced today.

Pelargonic acid vanillylamide (known as PAVA) is a synthetic pepper spray – or chemical irritant spray. The spray currently is classified as a prohibited weapon under the Firearms Act, 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 Ministry of Justice (MoJ) says the spray would be used to temporarily incapacitate young people in custody, but critics say that the decision represents a serious escalation in the use of force that is permitted against children.

Minister for Youth Justice Sir Nic Dakin said PAVA spray will be a “vital tool” to prevent serious violence, as new figures show the rate of assaults in public youth offender institutions is around 14 times higher than in adult prisons.

“This government inherited a criminal justice system in crisis. The unacceptable levels of violence faced by our brave frontline officers in young offender institutions is yet another symptom of that,” Mr Dakin said.

“This is not a decision we have made lightly, but our overarching duty is to keep staff and young people in custody safe.”

The MoJ says use of the spray in the youth estate will have strict controls, with each use of PAVA being reviewed by an independent panel and reported to ministers for further scrutiny. Ministers will also review its operation and impact after 12 months including to address any disproportionate use.

Shabana Mahmood MP, Lord Chancellor and Secretary of State for Justice, said the rollout of the spray is “crucial to preventing serious harm and tackling unacceptable violence against frontline officers.”

The announcement has received immediate backlash from a number of organisations and charities representing the interests of children and those in the justice system.

The Children’s Commissioner for England, Rachel De Souza, said she was “deeply disappointed” by the move.

“As Children’s Commissioner, my top priority is for all children to be safe, happy and cared for. That just must include children in prison,” she said.

“I visit children in YOIs regularly and understand the challenges that they face. I am deeply sympathetic to the need to ensure the safety of the many dedicated professionals who work in these settings – however, more pain inducing restraint is not the answer.

“We must not lose sight of the fact that these are children, who need care and protection as well as rehabilitation.”

Ms De Souza, who has previously called for the closure of all Young Offender Institutions across England, saying they are not suitable for children and ‘not fit for purpose’, said she will continue to use her powers to monitor the situation regularly including speaking to the children affected.

The Howard League said in a statement that the use of the weapon would actually make conditions worse for staff working in prisons.

“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 penal reform charity said in a statement.

“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.”

The Association of Directors of Children’s Services (ADCS) similarly criticised the announcement, questioning the effectiveness of the spray and its ability to de-escalate violence in YOIs.

“Children in youth custody belong to some of the most disadvantaged and vulnerable groups in our society. Many have experienced significant trauma and abuse in their short lives,” President Rachel Wardell wrote in a statement.

“While we understand the need to protect the safety and welfare of staff, neither ADCS members, nor the available evidence, support the reactive use of PAVA in these settings. It risks creating fear and distrust and increasing tensions. Its use in adult prisons has not resulted in decreased violence and moreover, the use of violence to deal with violence could disproportionally impact marginalised children.”

ADCS added that the checks and controls put in place by the Government to ensure the spray’s use would be “unlikely to mitigate the risks” and called for a review of the weapon’s use.

“A review after 12 months is essential and MoJ research will also be helpful in developing a clear evidence base. However, ADCS members continue to advocate for a trauma informed, relationship-based approach that aligns itself more closely with practice in wider children’s services, plus a stronger focus on staff training and skills to work with and support children.”