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A legal bid to stop the use of pepper spray on children detained in young offender institutions (YOIs) has been unsuccessful after the High Court ruled on Monday that the policy allowing its use was lawful.
The Howard League for Penal Reform had challenged the Labour government’s decision to permit the use of Pava spray—a synthetic pepper spray—in three English prisons that hold boys as young as 15. The charity argued that the government failed to properly assess the risks, including potential physical and psychological harm, the likelihood of disproportionate use against disabled children and those from black and minority ethnic backgrounds, and the possibility that its use could escalate overall levels of violence.
However, Mr Justice Calver rejected the challenge, stating that the then justice secretary, Shabana Mahmood, had taken steps to ensure the spray would only be used as a measure of last resort.
In his judgment, the judge said Mahmood had been closely involved in shaping the policy and had insisted on strict safeguards, continuous oversight and real-time monitoring. He noted that the expectation was for Pava to be used extremely rarely, and only in situations involving an immediate risk of life-altering or fatal violence.
Mahmood approved the rollout of Pava across YOIs in England and Wales in April, following increasing pressure from the Prison Officers’ Association (POA), which had called for greater protection for staff amid rising levels of violence.
The decision drew criticism from several organisations, including the Youth Justice Board, the children’s commissioner for England, Independent Monitoring Boards and the British Association of Social Workers. HM Inspectorate of Prisons also expressed serious concerns about the policy.
Pava spray, formally known as pelargonic acid vanillylamide, is deployed from a handheld canister and causes intense eye pain and temporary blindness lasting around 40 minutes, along with a burning sensation on the skin.
The spray was first introduced in adult men’s prisons in England and Wales in 2018. Since then, there have been repeated allegations that it has been used disproportionately against disabled prisoners and those from ethnic minority backgrounds.
A government report evaluating the use of force, published in April, found significant racial disparities. Based on official figures up to March 2023, black prisoners were almost twice as likely as white prisoners to be subjected to Pava spray or baton use. The data showed that 409 out of every 1,000 black inmates experienced force, compared with 208.6 per 1,000 white inmates.
Figures also showed a sharp rise in violence within youth detention facilities. In the year to March 2025, YOIs recorded an average of 35.8 serious assaults per 100 children and young people, representing a 58% increase compared with the previous year.
Andrea Coomber, chief executive of the Howard League, said the organisation was deeply disappointed by the court’s decision. She said many individuals and groups opposing the policy would share that frustration, although she welcomed the introduction of additional safeguards, including the decision not to issue Pava to all officers working in prisons holding children.
Coomber added that the charity still had serious doubts about whether any safeguards could prevent harm, given the long-standing damage caused by other pain-inducing control techniques used on children in custody.
Mark Fairhurst, national chair of the POA, welcomed the ruling, saying staff needed protection when dealing with extremely violent offenders. He criticised those opposing the policy, arguing they did not understand the daily dangers faced by prison officers and stating that age should not be used to excuse violent behaviour, which he said carried a serious risk of life-changing injuries.
