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Pepper spray use in youth prisons irresponsible amid racial disparities, watchdog warns
The rollout of synthetic pepper spray for use to incapacitate jailed children is 'wholly irresponsible' while black and minority prisoners are more likely to be subjected to force than white inmates, a watchdog has said.
Elisabeth Davies, the national chair of the Independent Monitoring Boards, whose members operate in every prison in England and Wales, said the justice secretary, Shabana Mahmood, should pause the use of Pava spray in youth offending institutions (YOIs) until ministers had addressed the disproportionate use of force on minority prisoners.
'There is clear racial disproportionality when it comes to the use of force,' she told the Guardian. 'It is therefore, I think, wholly irresponsible to expand use-of-force measures before disproportionality issues are addressed.'
Mahmood authorised the rollout of Pava across YOIs in England and Wales in April amid growing demands from the Prison Officers' Association (POA) to protect staff from attacks.
The government's 'use of force' evaluation report, published in April, found black prisoners were nearly twice as likely as white prisoners to experience Pava and baton use. Using official data to March 2023, the report found that 409 of every 1,000 black inmates were subjected to use of force, compared with 208.6 per 1,000 white prisoners.
Davies urged ministers to hold back on rolling out Pava spray in the youth system until the racial disparities were properly addressed.
'We've got evidence that the growing reliance on visible weapons – such as the rollout of Pava spray in the male youth state and the trial of Tasers in the adult male prison state – is deeply concerning for people with lived experience,' she said. 'Our board members have been told that the visible presence patterns make [prisoners] feel constantly afraid, and that's increasing tension rather than easing it.'
According to the IMB's national annual report, released on Wednesday, black prisoners at HMP Elmley on the Isle of Sheppey in Kent were significantly more likely to have force applied to them than white prisoners.
At HMP Birmingham, the category B jail once known as Winson Green, there was evidence of 'clear racial disparities in the use of force', despite the diversity of prison staff and the introduction of cultural awareness training.
Amid a deepening overcrowding crisis, some prison officers will be trialled with stun guns this summer, while the Conservatives have said some should be given access to live ammunition.
It follows an attack on three officers at HMP Frankland by Hashem Abedi, a terrorist involved in the Manchester Arena bombing.
Davies said prison officers showed 'remarkable bravery' in challenging conditions but the majority of assaults were actually between inmates.
'We're seeing violence driven by overcrowding, by mental health crisis and rapid drug use,' she said. 'One of the most effective ways to reduce violence is through strong and respectable relationships between staff and prisoners.'
Squirted from a canister, Pava spray, or pelargonic acid vanillylamide, causes searing pain and discomfort in the eyes for about 40 minutes and a burning sensation to skin. It was rolled out in men's prisons in England and Wales in 2018.
There are three publicly run YOIs and one that is privately run, holding young offenders up to the age of 21. According to government statistics covering 2022, most children in prison were from ethnic minorities.
Data obtained in April by the Howard League through freedom of information requests showed that black men were almost three times more likely to be sprayed with Pava than white men in prison, and young black men under the age of 25 were five times more likely to be sprayed than their white counterparts.
Responding to Davies, Mark Fairhurst, the national chair of the POA, said IMB members were 'not the ones on the receiving end of life-changing injuries' from violent youths.
'It would be wholly irresponsible of the government not to give my brave colleagues the protections they need when dealing with violence,' he said. 'Using the ethnicity or age of offenders to excuse their violent behaviour is shameful … Nobody should ever enter their workplace and be expected to become a victim.'
A Youth Custody Service spokesperson said: 'Pava will only be used as a last resort to protect staff and young people from serious harm, such as violent incidents involving weapons. Staff will receive specialist training, and every use will be closely scrutinised with strict controls in place.'
