High Court Upholds Use of Pepper Spray in Young Offender Institutions

The High Court of England has upheld the legality of using Pava, a synthetic form of pepper spray, in young offender institutions (YOIs) following a challenge by the Howard League for Penal Reform. The ruling, delivered by Mr. Justice Calver, confirmed that the then Justice Secretary, Shabana Mahmood, had implemented the policy with necessary safeguards, allowing its use only as a “last resort” in situations involving immediate threats of life-changing or life-ending violence. The decision comes amid increasing concerns regarding the potential physical and psychological harm to children, particularly those from disabled and minority ethnic backgrounds.

The Guardian

The authorization for Pava's use in YOIs was granted in April 2025, driven by demands from the Prison Officers’ Association (POA) for enhanced protection against assaults on staff. The rollout follows a previous implementation of Pava in men’s prisons in England and Wales in 2018, where reports indicated disproportionate use against black and minority ethnic prisoners. A government evaluation report revealed that black inmates were nearly twice as likely to experience the use of force, including Pava, compared to their white counterparts.

The Guardian

Data indicates a concerning trend in YOIs, with serious assault rates rising significantly. In the year leading up to March 2025, the average rate of serious assaults was recorded at 35.8 incidents per 100 children, marking a 58% increase from the previous year's rate of 22.6. This escalation in violence has been a pivotal factor in the government's decision to authorize the use of Pava.

The Guardian

Andrea Coomber, chief executive of the Howard League, expressed disappointment with the court's ruling, emphasizing the ongoing risks associated with the use of pepper spray on children. She noted, “We continue to have serious reservations as to how effective any safeguards or purported mitigations can ever be.” Conversely, Mark Fairhurst, national chair of the POA, supported the ruling, stating that removing protective measures for staff would be irresponsible given the violent nature of the population they manage.

The Guardian

The decision has faced significant backlash from various organizations, including the Youth Justice Board and the children’s commissioner for England, which have raised concerns about the implications of using such forceful measures on vulnerable populations. HM Inspectorate of Prisons also voiced serious concerns regarding the policy, highlighting the potential for increased violence and harm.

The Guardian

• “The people who wish to remove any form of protection from staff who deal with the most violent cohort of convicts that are incarcerated should hang their heads in shame.” — Mark Fairhurst, National Chair, Prison Officers’ Association

The Guardian

As the implementation of Pava continues under scrutiny, further evaluations and discussions regarding the safety and efficacy of its use in YOIs are anticipated. The ongoing opposition from various advocacy groups may prompt additional legislative or policy reviews in the future.

The Guardian