Pepper spray use on kids sparks legal action after 'catastrophic' warning
The Government said it has no choice but to roll out PAVA, a synthetic pepper spray, into the youth offenders institutions amid spiralling levels of violence across the estate
Ministers are facing legal action over their decision to allow pepper spray to be used against children as young as 15 in youth offenders' institutions.
The Government last month said it has no choice but to roll out PAVA, a synthetic pepper spray, into the youth justice system amid fears a young person will soon lose their life to growing violence.
The Howard League for Penal Reform has launched legal action challenging the announcement. The leading prisons charity sent a letter to Justice Secretary Shabana Mahmood warning her to U-turn on the decision.
Andrea Coomber KC, the charity's chief executive, said: 'We know that PAVA spray has been used inappropriately in prisons holding adults; to use it on children would be catastrophic.'
PAVA, which temporarily incapacitates its victims, is currently for use in all adult male prisons and by the police.
Rates of violence in the youth estate are around 14 times higher than in adult jails. In the last three months of 2024, there were 534 assault incidents in the youth estate, of which 42 were serious.
The Howard League said PAVA spray pilots in adult prisons indicated that it did nothing to reduce violence and in fact had a detrimental effect on relationships between staff and the people living there.
It is also concerned that the use of PAVA spray is likely to disproportionately affect children with mental and/or physical health concerns, speech, language and communication needs, learning difficulties and/or disabilities, and neurodivergence. There is significant overrepresentation of children presenting with these disabilities in custody.
Ms Coomber said PAVA use in jails will 'normalise' the use of violence against kids. She added: '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.'
In a written ministerial statement announcing her decision on PAVA last month, Ms Mahmood said: 'This is not a decision I have taken lightly, but I am clear that this vital measure is needed to urgently prioritise safety in these three YOIs at this present time. I believe that failing to act will place young people in custody and staff at risk of serious harm."
She added: "The levels of violence across the Children and Young People's Secure Estate are unacceptable. On a weekly basis there are assaults involving young people in custody.
"Serious assaults can see these young people use homemade weapons, including stabbing implements, against each other and our staff. Today, levels of violence are higher than in the adult prison estate."
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