Youth Justice Board faces uncertain future

The Youth Justice Board (YJB) has reached a major crossroads in its 11-year history.

Brought in by Tony Blair's Lab-our government through the Crime and Disorder Act 1998, the board's raison d'etre is to monitor youth justice services. It works to prevent offending and reoffending by children under the age of 18, and aims to ensure custody is safe and secure.

Over the past decade, its budget has ballooned to close to £500m and it employs more than 200 staff.

However, as those associated with the YJB prepare to travel to Southport for its annual convention on 11 and 12 November, the scope and scale of the organisation is under scrutiny like never before.

The growing expectation that the Conservatives will gain power at the next general election has cast doubt over whether the organisation will survive a possible "bonfire of the quangos".

Indeed, it has been claimed that an ongoing review of the YJB's remit, ordered by the Ministry of Justice and due to report in February, could be part of a plan to scupper any possible tinkering with the agency after the election.

Predictions of the future are complicated yet further by a growing sense of momentum behind moves by current chair Frances Done to explore the possibility of devolving the cost of custody.

This flurry of activity and the prospect of political change pose a number of questions.

DO WE NEED THE YJB?

With the Conservatives' assertion that they will review all quangos, the YJB's very existence could be under threat. Moreover, both Labour and the Tories support exploring the idea of devolving custody budgets to "incentivise" local authorities to reduce custody levels. These factors make some sort of change within the YJB inevitable.

But if there is a general desire to reduce its functions, is it needed at all? Andrew Neilson, assistant director at the Howard League for Penal Reform, argues it is. He maintains there needs to be a body at the centre of youth justice guiding policy and setting standards. "If there was no YJB it would be problematic, particularly if we had a localised system," he says. "Localism and devolution is not going to work unless there's that guidance from the middle."

Tim Bateman, senior policy development manager at crime reduction charity Nacro, also fears a localised approach could lead to problems: "There would be a risk of significantly increased inconsistency from area to area - a postcode lottery."

WHAT COULD THE YJB LOOK LIKE IN THE FUTURE?

The most probable future for the YJB consists of a slimmed-down version, most likely as a result of devolution of custodial budgets. However, the extent to which decision-making is devolved will influence its future scope and power.

Bateman believes the agency's most fundamental functions will be commissioning custodial places and collecting independent data on off-ending and children in the secure estate. "A centralised monitoring function is quite important," he says.

Another possible scenario would see decisions on youth justice priorities being devolved to a local level but governed by a central framework, dictated by the YJB.

Rob Allen, director at the International Centre for Prison Studies and former board member of the YJB, says it should be stripped of responsibility for prevention. "The YJB should concentrate on children already in the youth justice system, not early intervention schemes," he says. "The whole prevention agenda needs to move to local authorities."

WHAT COULD THE SECURE ESTATE LOOK LIKE?

The YJB currently commissions places for 16 young offender institutions (YOIs), four secure training centres (STCs) and 10 secure children's homes (SCHs).

Earlier this year, the YJB ann-ounced the closure of four SCHs. Meanwhile, an internal review of accommodation is under way.

There could be further changes if the Tories come to power. Nacro's Tim Bateman suggests that this would make it more likely that new forms of custody, such as a proposed young offenders academy, will come to fruition. The academy, mooted by the Foyer Federation and being considered by ministers, would deliver community sentences, contain a custodial facility and offer training and employment opportunities.

"The Tories believe in the broadest range of choice the market can bear," he says. "You could have people setting up educational establishments that are secure."

However, Neilson believes the secure estate will stay focused on YOIs - the cheapest form of custody.

WHAT IMPACT COULD CHANGES HAVE ON CUSTODY LEVELS?

Custody levels are at their lowest for several years, with around 2,600 under-18s in youth prisons.

The central argument behind devolving the cost of custody is that it will "incentivise" local authorities to spend more money keeping children out of custody.

Neilson believes custody numbers could continue to fall if devolution takes place. But he also warns that they could rise if a high-profile case sees youth crime climb up the news agenda once again. He adds that levels will be affected by how much cash the YJB allocates to youth offending teams for diversionary activities.

Allen says the prospect of devolution could provide an impetus to create better local services to lower custody levels. "If local authorities are given more responsibility there is a real opportunity to create much more joined-up services," he says.

But Tory crime policy throws a potential spanner in the works. The party has so far given out mixed messages on the relative weight given to enforcement and prevention.

KEY DATES EVENTS SHAPING THE FUTURE OF THE YOUTH JUSTICE BOARD

February 2009: Frances Done reveals to CYP Now that she is keen to explore the possibility of devolving the cost of custody to local authorities

September 2009: Government announces review of YJB governance and supporting arrangements, chaired jointly by Done and Dame Sue Street

February 2010: Review due to report its findings. It will also assess how major projects are managed and how custody places are commissioned

3 June 2010: Final date by which the next general election must take place

6 May 2010: Expected date for next general election