Guidance

Child Rights Impact Assessment Summary: Partial Deployment of PAVA in Public Sector YOIs

Updated 13 August 2025

Applies to England and Wales

1. Introduction

The Youth Custody Service (YCS) has conducted a Child Rights Impact Assessment (CRIA) to evaluate the implications of introducing Pelargonic Acid Vanillyamide (PAVA) spray in three public sector Young Offender Institutions (YOIs): HMYOI Feltham A, HMYOI Werrington, and HMYOI Wetherby. This policy responds to increasing levels of serious violence in these settings and aims to protect both children and staff from harm.

2. Rationale for Deployment

Over the past decade, the number of children in custody has declined significantly. However, the remaining cohort is more complex, with a high proportion of older teenage boys detained for serious and often violent offences. Incidents involving multiple assailants and weapons have become more frequent, posing a real and immediate risk to life and wellbeing.

To address this, the YCS proposes a partial deployment of PAVA, a chemical irritant already used in the adult male prison estate. The aim is to enable trained selected staff to intervene swiftly in emergencies, preventing serious harm during violent incidents.

Key points:

• PAVA will be deployed only in exceptional circumstances
• A limited number of trained staff will carry it
• Use will be governed by existing legal and policy frameworks on use of force and pain-inducing techniques
• The policy is designed to protect children from serious harm, not to replace broader behaviour management strategies

3. Governance and Oversight

The use of PAVA will be subject to strict governance and scrutiny at multiple levels:

• Local oversight by Governors, safeguarding leads, health professionals
• Local Authority – all incidents of PAVA being or drawn or used reported to Director of Children’s Services in the home and host local authority
• National oversight by senior operational leaders and safeguarding teams
• Independent scrutiny by the Independent Restraint Review Panel
• Ministerial reporting through weekly incident summaries and monthly detailed reports
• Live evaluation to monitor impact and outcomes

4. Impact on Children’s Rights

The CRIA assesses the policy against the UN Convention on the Rights of the Child (UNCRC). While the use of PAVA may negatively affect individual children subjected to it, the policy is designed to protect other children from greater harm.

4.1 Positive impacts:

• Article 6 Right to life: PAVA may prevent life-threatening injuries during violent incidents
• Article 19 Protection from violence: Enables safe intervention to stop assaults and protect children

4.2 Negative impacts:

• Article 3 Best interests of the child: Use of force may not align with best interests of the individual child
• Article 37 Protection from inhumane treatment: PAVA is a pain-inducing technique and may cause distress
• Article 2 Non-discrimination: Risk of disproportionate impact on children with protected characteristics

4.3 Neutral impacts:

• Article 12 Respect for the views of the child; Children’s views were gathered post-consultation
• Article 28 Right to education: Improved safety may support better access to education
• Article 39 Recovery from trauma: Support frameworks are in place to aid recovery after incidents

5. Children’s Views

Initially, children were not consulted due to the sensitive nature of the policy. However, Barnardo’s, the independent advocacy service, later conducted consultation with children in the affected YOIs. Their feedback revealed mixed responses:

• Concerns about misuse and emotional distress
• Understanding of the rationale and need for protection
• Lack of trust in staff intentions and fear of escalation
• Worries about long-term physical effects and emotional trauma

6. Equality and Disproportionality

The assessment identified potential disproportionate impacts on certain groups:

• Black boys may be disproportionately affected
• Neurodiverse children may experience prolonged effects
• Children of Islamic faith are disproportionately restrained

Mitigation measures include:

• Enhanced training for staff
• Monitoring and analysis of data
• Advocacy services and discrimination reporting mechanisms

7. Long-Term Strategy and Alternatives

While PAVA is being introduced as an immediate response to serious violence, the YCS remains committed to long-term reform. Plans are underway to transition to smaller, trauma-informed units with higher staff-to-child ratios.

Key initiatives include:

• Investment in secure schools and non-YOI accommodation
• Development of conflict resolution and behaviour management frameworks
• Continued implementation of SECURE STAIRS and Managing and Minimising Physical Restraint syllabus (MMPR)

8. Stakeholder Engagement

The policy has been discussed with a range of stakeholders, including advocacy organisations, inspectors, and professional associations. Most expressed concern about the use of pain-inducing techniques on children, citing human rights and ethical considerations.

Stakeholder responses:

• Opposition from child rights organisations
• Support from operational staff and the Prison Officers’ Association
• Feedback informed the limited scope and governance model

9. Monitoring and Evaluation

Every incident involving PAVA will be:

• Reviewed by establishment leaders and safeguarding teams
• Reported to the Local Authority and National Leaders
• Debrief with both staff and children involved
• Evaluated for physical and mental health impacts
• Scrutinised for disproportionate outcomes and shared with external researchers

10. Conclusion

The partial deployment of PAVA in public sector YOIs is a targeted and carefully governed measure aimed at addressing a pressing safety concern. It is not a substitute for broader behaviour management strategies but a last-resort intervention to prevent serious harm. The YCS will continue to monitor its impact, engage with stakeholders, and prioritise the rights and wellbeing of children in custody.