A LEGAL challenge to Justice Secretary Shabana Mahmood’s decision to allow children as young as 15 being incapacitated with pepper spray at three young offender institutions began at the High Court today.

The Howard League for Penal Reform applied for permission to take her decision to authorise the “serious escalation in the use of force” against children in April to a judicial review.

It argued that Ms Mahmood unlawfully failed to understand and investigate the physical and psychological damage that Pava spray will cause to children in custody; the likely disproportionate use of Pava spray against black and minority ethnic children, Muslim children and children with disabilities; and whether introducing Pava spray would increase violence and cause more harm overall.

Howard League chief Andrea Coomber KC  said: “Far from keeping children and staff safe, using Pava spray will normalise violence and undermine trust between staff and the boys in their care. This decision risks making conditions even worse for those living and working in prisons.” 

Prison Officers Association (POA) general secretary Steve Gillan told the Morning Star that the union “fully support the use of Pava in a controlled manner in the Youth Justice Estate” as it will “protect young people from damaging each other” and prevent harm to POA members.

He said: “Previously we have seen young prisoners been so severely beaten by vicious attacks from other young prisoners where there has nearly been loss of life.

“Had Pava been available then it could have stopped those violent attacks. 

“The second issue is they could prevent my members from severe injuries which some have seen assaults and severe assaults causing life-changing injuries to prison officers.”