R (Howard League) v Secretary of State for Justice
[2026] EWHC 74 (Admin)
19 Jan 2026
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The High Court has today handed down judgment dismissing a claim for judicial review in this challenge to the Secretary of State’s decision to authorise the use of pelargonic acid vanillylamide spray (“PAVA”) in three Young Offender Institutions in England for a 12-month period.
The decision permits the use of PAVA by specially trained members of staff in HMYOI Feltham A, HMYOI Werrington and HMYOI Wetherby as a measure of last resort, where strictly necessary to prevent an imminent risk of serious harm.
The Claimant challenged the decision on three grounds: (1) alleged breach of the public sector equality duty in s.149 of the Equality Act 2010; (2) alleged failure to comply with the Tameside duty to make reasonable inquiries; and (3) unreasonableness.
Mr Justice Calver dismissed all three grounds of challenge and found in favour of the Secretary of State.
A link to the judgment is available here.
Jason Pobjoy KC, Natasha Simonsen and Ava Mayer acted for the Secretary of State.
