Section one Context PAVA Following a six-month pilot in 2017–18, a £2 million national rollout of PAVA spray to all prison officers in the closed adult male estate in England and Wales went ahead in 2019–20. PAVA is an incapacitant spray similar to pepper spray. Civil society organisations were concerned about the lack of public debate and consultation on this development, and had concerns around the disproportionate impact on black and minority ethnic people and those with disabilities in particular.54 In August 2019, the EHRC funded a disabled prisoner’s application for judicial review of the decision to make PAVA spray available to prison officers in the adult male prison estate. The EHRC stated that the MoJ had not adequately considered the potential impact on people who have mental health conditions or learning disabilities and was concerned that the pilot scheme exposed significant risks of unlawful use of the spray. Following the launch of the legal action, the MoJ carried out a more detailed equality impact assessment on the pilot which showed disproportionate use of force against younger people, black people and Muslim people. The MoJ subsequently made changes to the way it intends to roll out the spray, including strengthened safeguards and more robust training and guidance. In light of these commitments, the claimant in this case discontinued legal action.55 54 55 56 Reviews on women prisoners in England and Wales The Female Offender Strategy for England and Wales was published in 2018 and its progress was reported to Parliament in June 2019. A key part of the strategy was the government’s commitment to developing a ‘residential women’s centre’ pilot in at least five sites across England and Wales, which it said offered a robust alternative to short custodial sentences. The MoJ has since concluded the first phase of consultation with local voluntary and statutory agencies, partners and providers to inform the scoping of the project. It also invested £5 million in community services for women in 2018–19 and 2019–20 and made a commitment to develop and publish a ‘National Concordat on Female Offenders’ by autumn 2019 (though this is still awaited).56 A review by Lord Farmer of the importance of strengthening female offenders’ family and other relationships to prevent reoffending and reduce intergenerational crime was published in June 2019. The review examined practice in England and Wales and was a follow-up to a similar review of men’s prisons. It found family and other relationships are ‘utterly indispensable’ and that supporting women to build and maintain healthy relationships is key to rehabilitation and reducing intergenerational crime. Lord Farmer noted that the focus on adverse childhood experiences, which runs through social policy in Wales, Scotland and Northern Ireland, needs to be given more salience in England. The review called for action across government departments to prevent adverse childhood experiences and Prison Reform Trust, August 2019, Letter: Peter Dawson to Jo Farrar on PAVA, http://www.prisonreformtrust.org.uk/ Portals/0/Documents/PAVA/Correspondence/2019.08.05%20-%20PD%20to%20Jo%20Farrar%20-%20PAVA.pdf [accessed 10/11/2020] EHRC, August 2019, Ministry of Justice to give prisoners greater protection during rollout of PAVA spray, https://www. equalityhumanrights.com/en/our-work/news/ministry-justice-give-prisoners-greater-protection-during-rollout-pava-spray [accessed 24/08/2020] House of Commons Library, July 2019, Female Offender Strategy One Year On: Commons Debate Pack, https:// commonslibrary.parliament.uk/research-briefings/cdp-2019-0204/ [accessed 24/08/2020] 23