THERE is “clear evidence” that using an incapacitating spray on children in custody will be disproportionately used on those from racial or religious minorities, the High Court heard today.

The Howard League for Penal Reform also said there is no evidence to suggest that using Pava spray, which is similar to pepper spray, on children will reduce levels of harm and violence in custody.

It is taking legal action against the Ministry of Justice (MoJ) over its decision in April to authorise the use of Pava spray at three young offender institutions (YOIs).

The government said earlier this year that the spray will be made available “in limited circumstances” to a select number of specially trained staff at YOI Werrington in Staffordshire, Wetherby in West Yorkshire and Feltham A, west London.

It came after figures released by the MoJ in April showed rates of assaults on staff in the estate were 14 times higher than at adult prisons.

Lawyers for the Howard League said there were “serious and unexplained flaws in the analysis” underpinning the decision, including that the MoJ failed to assess the “discriminatory impact” of how Pava spray will be used.

The MoJ is defending the claim, telling the court in London that the rollout will be “closely monitored and subject to live evaluation.”

In written submissions, Adam Straw KC, for the charity, said: “The key reason given by the defendant to justify the decision was that Pava would reduce violence and harm.

“But there was no evidence to support critical steps in the reasoning leading to that purported justification.”

Mr Straw also warned that Pava spray is “more likely to escalate situations” and said there was “clear evidence” that it would be “used disproportionately against racial or religious minority children in custody.”

This included evidence that suggested that the measure is used around eight times more on black adult prisoners than white adult prisoners.

Mr Straw claimed the department “failed to assess the extent of the discriminatory impact or how it might be eliminated.”

The Prison Officers’ Association (POA) has defended the use of Pava spray as “a non-lethal way to quell violence” in prisons, which helps to protect both staff and those in custody.

The hearing before Mr Justice Calver is due to conclude on Wednesday.