Youth Justice Board For England Wales
I am pleased to have been invited today to share reflections on where we are as a youth justice system and where we, at the YJB, hope to see future progress.
Many of you listening will know a lot about the YJB. It was established in 1998 under the Crime and Disorder Act.
At the YJB we have a statutory responsibility to maintain oversight of the whole system, from first arrest to adulthood or discharge, identifying and sharing effective practice, publishing relevant information and offering independent expert advice to ministers- in the Ministry of Justice in the first instance- and other policy and decision-makers.
The Board itself is made up of a Board of experts in their fields from education to youth work to academia to policing which is supported by an executive totalling about 100 staff.
Before I turn to the next steps for youth justice in England and Wales Id just like to offer a quick view of the current landscape: both in terms of the most recent data and what we know is the most effective approach.
Latest statistics
The latest statistics show: a continued positive trend of fewer children entering the youth justice system and an all-time low in the number of children in secure care or custody. Much of this very welcome reduction is due to the excellent work the 154 local authority youth justice teams, whose expert practitioners are tireless in ensuring that childhood mistakes dont metastasise into entrenched, full-blown offending. But some of it is due to delays in policing and courts by which children who commit offences are adults by the time their cases are dealt with.
And, especially post-COVID, those children who remain in the system face more acute multiple, complex challenges and need more support to remove barriers and create opportunities for them, in order to move forward with their lives.
Racial disparity, whilst reducing slightly in a number of areas, is still unacceptably present. Incidentally, theres a debate within the YJB about whether terms like disparity and disproportionality are too euphemistic, and whether we should be braver and attribute the disproportionality in justice outcomes to a widespread malaise in society that tends to see children from a Black or ethnic minority background as less vulnerable than they are.
Child First
The evidence consistently tells us that using Child First as a guiding principle is effective in addressing the offending behaviour of the small number of children within the youth justice system today, and in preventing offending by those children who are more likely to enter the system.
Child First is not simply a mantra or an ideology it is an approach based on evidence of what works.
So, what does the evidence tell us?
Underpinning everything is the imperative to understand and treat children as children - prioritising the best interests of children and recognising their particular needs, capacities, rights and potential. In a Child First system, all work is child-focused, developmentally informed, acknowledges structural barriers and meets responsibilities towards children.
Its vital to promote childrens individual strengths and capacities to build their pro-social identity for sustainable desistance, leading to safer communities and fewer victims. In a Child First system, all work is constructive and future-focused, built on supportive relationships that empower children to fulfil their potential and make positive contributions to society.
Children respond well to collaboration that encourages their active participation, engagement and wider social inclusion. In a Child First system, all work is a meaningful collaboration with children and their carers.
Immersion in the justice system creates criminogenic stigma, which undermines positive efforts. A Child First system prevents stigma by diverting children wherever possible from the justice web.
I should acknowledge that the YJB werent the authors or first adopters of this approach, we have learnt and continue to learn from others, many of whom have been trailblazers in the adoption of Child First principles.
And I would also like to address two major considerations for youth justice, that are sometimes suggested as being at odds with a Child First approach, namely, risk and victims.
Victims and risk compatibility with Child First
It is sometimes suggested that a Child First approach does not take into account the needs of victims or address public protection. I dont accept that; recognising that through vulnerability and immaturity a child may present a risk of harm to others is a vital step to understanding and meeting their needs.
Children change as they mature and its essential we view risk factors as dynamic, and allow them to reduce as circumstances change. Because adopting Child First principles is effective in preventing offending, doing so is very much in the interests of potential victims and the broader public.
I do understand that victims of crime may need to know that the perpetrator is taking responsibility for their actions and perhaps receiving punishment, but if our goal is to prevent future offending, we must follow the evidence addressing underlying causes of offending behaviour and diverting from stigma wherever possible. We cannot turn the clock back, but we can take steps to reduce the likelihood of future harms and future victims.
Im sure Professor Steve Case will be talking about emerging evidence around this later.
So what have we been doing to bring our Child First principle to effect change in policy and practice? I believe that over the last few years the YJB, supported by numerous partners, has achieved a lot.
Child First in practice
Since 2018 Child First has been the guiding principle of the YJB.
In 2019 we updated the standards for children in the youth justice system and last year released the first part of revised case management guidance, with Child First evidence at the centre of every element, and practical suggestions for professionals working in youth justice services, including police, courts and those from the secure estate on how to support children and their families-and deliver against the published standards.
Case management guidance includes specific issues such as:
- managing sexual, violent or terror offences
- working with multi-agency public protection arrangements (MAPPA)
- Criminal Behaviour Orders and other civil orders
- appropriate adults
- transitions and transfers
- working with denial
- victims
- working with parents and carers
Whilst this is case management guidance rather than rules, our recently issued terms and conditions for the youth justice grant which come into force on 1 April 2023 mandates its use to ensure standards are met and performance is satisfactory.
The format of case management guidance has been altered to become a manual, which means that practitioners will more easily be able to navigate and search the documents both as points of reference and in real time.
Since the first update weve seen great engagement with the guidance so thank you to those who have given up their time as part of the working group, reviewers and those working to embed the guidance across other government departments and organisations.
The remaining sections of guidance: links to the Child Gravity Matrix, guidance on out-of-court disposals, prevention and diversion, and on custody and resettlement will be published later this year following consultation and agreement with key relevant stakeholders.
Importantly, for youth justice services, this includes working with HM Inspectorate for Probation to ensure the alignment of messaging and a clear and consistent view of what good looks like in relation to out-of-court disposals, which can be reflected in the guidance.
Child First in practice pathfinders
As well as updating guidance we continue to support pathfinders which explore Child First evidence and principles. These pathfinders are wholly or partly funded by the YJB under rigorous grant agreements and exist to solve intractable issues or further the sectors knowledge of what works in youth justice. We cant undertake to fund this work in perpetuity, but we can sometimes help develop and bear the cost of piloting a new approach, and so de-risk it for local authorities and others who want to innovate. Ill provide some examples which are live or near conclusion right now:
In Southwark the youth justice service is working with award winning charity Youth Ink which places lived experience of the criminal justice system at the heart of its service delivery model. We hope to share more with you on this project following its evaluation via a webinar in June so please keep an eye on the YJBulletin for tickets.
Medway youth justice service is developing a new app as part of their work to embed a child first approach to assessment and relationships with children. The app will act as one of the tools to aid communication with practitioners and also to help children explore their futures who they are, who they want to be and how to maximise the develop