Critics of today’s decision by Justice Secretary Shabana Mahmood, including The Alliance for Youth Justice, the Association of Directors of Children’s Services (ADCS) and The Children’s Commissioner for England, argue that PAVAs use will further aggravate tensions in settings, harm children and is at odds with the ‘Child First’ approach.
The Howard League for Penal Reform also pledged to take legal action over the decision.
-
Analysis: Expansion of PAVA ignites debate on youth custody force and restraint
-
Analysis: Ban on YOIs for girls must spark wider system reform, say experts
Concerns have also been raised over the disproportionate impact on young people with disabilities or those from ethnic minority backgrounds.
Lord Chancellor Mahmood cited the need to protect staff from record levels of serious violence, with HM Inspectorate of Prisons in 2024 describing HMP & YOI Feltham A as the “most violent prison in the country”.
“After considering the evidence carefully and listening closely to a range of views, I have decided to authorise the issuing of PAVA (a synthetic pepper spray) to a specially trained and selected group of staff in the three public sector YOIs (Feltham A, Werrington and Wetherby) for a 12-month period,” said Mahmood, adding: “This is a specific authorisation for use in youth settings and different from how this tactic is deployed in the adult estate where all officers carry it as part of their personal protective equipment.”
Andrea Coomber KC, chief executive of the Howard League, said: “There is too much violence in prisons holding children, but this is a direct consequence of a failing system that keeps boys as young as 15 locked in their cells for up to 23 hours a day without meaningful access to education or social interaction.
“It reflects a profound failure on the part of those responsible for children in custody that they would consider introducing weapons in the name of safety. The Howard League will take whatever steps necessary, including legal action, to challenge this decision.
“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 joint statement supported by 37 organisations and individuals working to represent the views of, or deliver services to children, The Alliance for Youth Justice said the move “represents a significant escalation in the use of force that is permitted against children”.
The statement adds: “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.
“It 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.”
Children’s Commissioner Dame Rachel de Souza reiterated her calls for the closure of all of England’s YOIs as “not fit for purpose” and called for the government to reconsider its decision.
“I am deeply disappointed to see today’s plans to introduce the use of chemical irritant sprays such as pelargonic acid vanillylamide (known as PAVA) on children in Young Offender Institutions (YOIs), said de Souza, adding: “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.”
She continued: “Introducing further measures of force, such as PAVA, risks normalising violence within these institutions.
“I urge the government to reconsider its plans to deploy PAVA in youth settings and instead work to reform the secure estate for children and ensure that YOIs are places of safety, dignity and hope – not fear.”
ADCS President Rachael Wardell described children in youth custody as being among the “most disadvantaged and vulnerable” in society, highlighting the “significant trauma and abuse” many have already suffered.
Wardell added: “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.
“The safeguarding and oversight measures put in place, such as ministers being notified of each use, and a clear requirement to refer to the local authority designated officer, is unlikely to mitigate the risks.
“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.”
