A legal challenge over the use of PAVA spray in youth prisons has failed, as a judge today handed down a ‘finely balanced’ decision allowing the use of the incapacitant spray in three jails.
Prison charity, The Howard League for Penal Reform, took the government to court through a judicial review over the decision to commence using PAVA spray at Feltham A, Werrington and Wetherby, where boys as young as 15 are held. Their legal challenge began in April 2025 when the policy was announced by then-justice secretary, Shabana Mahmood. Following a two-day hearing in December, 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’. However, the judgment stated that MoJ officials believed that it had the potential to prevent the infliction of immediate and serious harm or violence.
The legal case revealed that Mahmood made her decision to allow the use of PAVA spray 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.’
Andrea Coomber, Chief Executive of the Howard League, said this decision ‘is indicative of how toxic the prison system has become’. In a statement, she said: ‘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.’
While the judge said he is reassured by the government that PAVA spray will be used rarely and as a last resort, Coomber said the charity is already receiving calls from children who have been impacted by its use, saying it has become a ‘normalised response’ to violence in youth prisons.
She added: ‘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.’
