THE High Court dismissed a legal challenge against the use of pepper spray at young offender institutions in England and Wales today.

Home Secretary Shabana Mahmood authorised the use of Pava spray against children above the age of 15 in April last year when she was justice secretary.

Dismissing the Howard League for Penal Reform’s legal challenge following a two-hearing last month, Mr Justice Calver said: “It is plain that the Secretary of State was closely involved in the formation of the Pava policy and was insistent upon thorough safeguards being introduced concerning its use.”

The judge was also satisfied that its use would be constantly monitored and “extremely rare,” only as a last resort and where there is an immediate threat of life-changing or life-ending violence.

Howard League’s chief executive Andrea Coomber KC said: “Clearly, today’s decision in court is not the outcome we hoped for, and our disappointment will be shared by the many individuals and organisations who have stood alongside us in opposing this policy.  

“The judge seems to have taken comfort from the reassurance offered by the government that Pava spray will be used extremely rarely and as a last resort. 

“Unfortunately, we are already receiving calls from children who have been impacted by the use of Pava spray. A strong theme is that, far from being a last resort, Pava spray has already become a normalised response to incidents of violence. 

“We will continue to support children and young people who are affected by this policy. We will be monitoring its use and governance closely, including at the 12-month review stage, and we will not hesitate to take further action if necessary.” 

POA national chairman Mark Fairhurst said: “This judgment is a victory for staff, for prisoner safety and for common sense. Age is no excuse for violent behaviour.

“The nature of this violence presents a high risk of life-changing injury and trauma for staff and the young people in custody experiencing this violence.

“The POA commends the judiciary for this ruling.”