Ministers Face Legal Action Over Pepper Spray Decision in Youth Offender Institutions

Strategic Insights -

The UK Government's decision to allow pepper spray to be used against children as young as 15 in youth offenders' institutions has been met with strong resistance from the Howard League for Penal Reform. The leading prisons charity has launched legal action challenging the announcement, warning that the use of PAVA spray on children would be catastrophic. The charity's chief executive, Andrea Coomber KC, has expressed concerns that the decision will disproportionately affect children with mental and physical health concerns, learning difficulties, and disabilities. The use of pepper spray is currently limited to adult male prisons and police use, and the Howard League argues that its introduction in youth institutions will only exacerbate the growing violence problem.

Key Takeaways:

  • The Howard League for Penal Reform has launched legal action against the UK Government's decision to allow pepper spray to be used against children in youth offenders' institutions.
  • Rates of violence in the youth estate are around 14 times higher than in adult jails, with 534 assault incidents reported in the last three months of 2024, including 42 serious incidents.
  • The Howard League argues that PAVA spray pilots in adult prisons indicated that it did nothing to reduce violence and had a detrimental effect on relationships between staff and the people living there.
  • The charity is concerned that the use of PAVA spray will 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.
  • The Howard League's chief executive, Andrea Coomber KC, believes that the use of PAVA spray will "normalise" the use of violence against kids and argues that the way to reduce violence is to close failing young offender institutions and provide more appropriate care and support.
  • Justice Secretary Shabana Mahmood has announced that peper spray will be introduced in three YOIs, citing the urgency to prioritize safety and prevent serious harm to young people and staff.

Statistics:

  • 14 times higher: Rates of violence in the youth estate compared to adult jails.
  • 534 assault incidents: Reported in the last three months of 2024 in the youth estate.
  • 42 serious incidents: Recorded in the last three months of 2024 in the youth estate.
  • 34%: Percentage of children in custody with neurodisabilities (Source: 2021 ISP data).
  • 25%: Percentage of children in custody with learning disabilities (Source: 2021 ISP data).
  • 18%: Percentage of children in custody with physical or sensory disabilities (Source: 2021 ISP data).

Sources:

  • The Howard League for Penal Reform
  • PA Media
  • Getty Images
  • UK Government written ministerial statement (2024)