Response by the Welsh Assembly Government to the Report of the Communities & Culture Committee: Youth Justice – The Experience of Welsh Children In The Secure Estate
Recommendation 1. We recommend that the Welsh Government should consider seeking to have devolved responsibility for the juvenile secure estate, and that the Welsh Government considers the evidence presented in this report as part of its review of whether the responsibility for youth justice system should be devolved to the Welsh Ministers.Page 37
Response: Accept in Principle
The “One Wales” document indicated that the Assembly Government would consider the evidence for the devolution of the criminal justice system and the Minister for Health and Social Services (who then held the youth justice portfolio) announced in July 2009, that Professor Rod Morgan had agreed to prepare a report on the risks and benefits of devolving youth justice to Wales. This report is currently being considered by Welsh Assembly Government Ministers and until this is completed it is not possible to confirm whether the Welsh Assembly Government will seek to have devolved responsibility for the youth justice system.
Financial Implications
Prior to a Cabinet decision on this matter, there are no financial implications in relation to the proposed devolution of youth justice to Wales. Any such decision would of course take full account of the costs and potential costs involved.
Recommendation 2. We recommend that the Welsh Government should consider where further improvements can be rendered to support agencies in identifying young people at risk of offending in the future, in line with the preventative agenda.........Page 40
Response: Accept in Principle
This recommendation will be taken forward through existing mechanisms and programmes in 2010-11.
The Assembly Government and the Youth Justice Board (YJB) have endorsed and funded youth inclusion support panels and youth inclusion programmes throughout Wales. These targeted prevention programmes are based upon robust multi agency identification of children and young people most at risk of offending. They have contributed to a significant reduction in the numbers entering the youth justice system. Existing mechanisms within the YJB and the Assembly Government’s monitoring of the Safer Communities Fund result in regular consideration of ways in which improved identification mechanisms within these programmes can be supported.
Under the All Wales Youth Offending Strategy Delivery Plan and the Prevention Sub-Committee of the Youth Justice Committee for Wales we are:
working with local areas to better understand the existing cohort of children and young people entering the youth justice system for the first time which will lead to recommendations to local agencies in their identification of those most at risk of offending;
supporting a range of initiatives to allow the Police to work more closely with youth offending teams to ensure that restorative justice can be used as an alternative to charging for less serious offenders and enable information to be shared with agencies that can reduce the likelihood of children and young people entering the formal youth justice system; and
ensuring that the design and implementation of Integrated Family Support Teams takes full account of the interface with the youth justice system and the opportunities to contribute to the early identification of those at risk of offending will be explored.
Financial Implications
Assembly Government work under the Al Wales Youth Offending Strategy Delivery Plan is funded within existing baselines in 2010-11. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
Recommendation 3. We recommend that the Welsh Government look at ways of challenging media representations and public perceptions of children and young people so that they provide an environment where there is a ’positive focus on achievement overall and what young people have to contribute.’...................Page 43
Response: Accept
The Assembly Government will continue to challenge negative perceptions of children and young people by supporting the YJB in Wales in a project to encourage local agencies to challenge popular perceptions of children and young people who offend and publicise:
The excellent work in Wales to prevent children and young people from offending and ensure they have a flying start in life;
existing work to successfully reintegrate children and young people who have offended back into society with improved prospects for the future and reduced potential for reoffending;
work with victims to ensure justice is seen to be done and reparation made;
the skill and commitment of the workforce and volunteers in Wales who strive to ensure young people are able to make their best contribution to society; and
These measures are being carried out under the All Wales Youth Offending Strategy Delivery Plan.
Financial Implications
Costs will be met from existing budgets within the YJB. Assembly Government support to the YJB will be provided through existing arrangements for the All Wales Youth Offending Strategy Delivery Plan and the Custody and Resettlement Sub-Committee of the Youth Justice Committee for Wales.
Recommendation 4. We recommend that the Welsh Government works with the Youth Justice Board, local authorities and Sentencers to review use of custody, to establish that custody is used only in appropriate circumstances in line with the UN Convention on the Rights of Child and the principles set out in the All Wales Youth Offending Strategy......................Page 46
Response: Accept
It should be noted that sentencing policy is not at present a devolved matter. The Assembly Government will however work with the Youth Justice Board, local authorities and sentencers to bring about changes in behaviour within existing sentencing policy.
The policy of both the UK and Assembly Government regarding the use of custody for young people is in accord with articles 37 and 40 of the United Nations Convention on the Rights of the Child. While sentencing remains at the discretion of the court, existing legislation and sentencing guidelines state that the threshold for a custodial sentence is met only where the court is satisfied that the offence or combination of offences are so serious that a community disposal could not be justified.
Over the last five years there has been a significant decrease in both the numbers and proportion of young people from Wales who have offended that are held in custody. We are aware, however, that more could be done in partnership between central government and local areas to ensure that the full range of alternatives to custody are understood, available and used by all courts across Wales. In order to address this concern we are taking the following steps under the All Wales Youth Offending Strategy Delivery Plan:
An in depth study of two areas in Wales with the highest custody rates in order to determine how practice could be improved and rates of custodial disposals decreased; and
supporting the piloting of Resettlement Support Panels in nine local authorities with the highest rates of custodial sentencing. These are multi-agency initiatives that provide enhanced support for those leaving custody in order to reduce the number of young people returned to the secure estate for breach of license conditions.
The learning from these activities will be used to further challenge and support local areas in their efforts to ensure that custody is used as an option of last resort for young people convicted of serious offences.
Financial Implications
The custody rate study is being funded from existing Welsh Assembly Government baselines in 2010-11. Resettlement Support Pilot Panels are funded by the YJB, with support from the Assembly Government through existing arrangements for the All Wales Youth Offending Strategy Delivery Plan and the Custody and Resettlement Sub-Committee of the Youth Justice Committee for Wales.
Recommendation 5. We recommend that The Welsh Government works with HM Court Service to ensure that no Welsh child or young person goes through the adult court, in line with UN Convention on the Rights of the Child, and that all Welsh children and young people are tried by youth magistrates who are highly trained to deal with young people..........................Page 47
Response: Accept in Principle
Sentencing and the operation of the criminal courts are reserved matters. Under current legislation serious cases must go to the Crown Court where sentencing powers are greater and as such, they cannot be tried by youth magistrates. In these cases, however, the court will make every effort to adapt procedures to ensure that the needs of the young defendant are properly addressed.
This recommendation will be considered by the Reducing Reoffending Sub-Committee of the Youth Justice Committee for Wales to determine what steps can be taken forward by Her Majesty’s Court Service (HMCS) and youth offending teams to ensure that, wherever possible, no child or young person goes though the adult court.
Financial Implications
The Assembly Government staff costs for this work are funded within existing baselines in 2010-11. Any changes to court practices with regard to the way youth cases are dealt with would be the funding responsibility of HMCS.
Recommendation 6.
We recommend that the Welsh Government, together with the Youth Justice Board, works with youth offending teams to improve young peoples compliance with the requirements of supervision for those on community sentences or release from custody, helping to reduce the number of children and young people from Wales in custody and ensuring that custody is reserved for the most serious offences.....................Page 49
Response: Accept
The Assembly Government will work with the YJB, to support youth offending teams in improving young people’s compliance.
YJB National Standards and Case Management Guidance provide youth offending teams with a clear framework within which to enable compliance. However, as recognised in the YJB’s Key Elements of Effective Practice:Engaging young people who offend, the successful completion of youth justice interventions also hinges upon meaningful participation by children and young people in the planning and delivery of interventions.
Work is underway with the YJB, the Children’s Commissioner for Wales and the Participation Consortium to embed the active participation of and consultation with children and young people who have offended as part of mainstream practice in youth offending teams. The benefit of improved participation work with those in the youth justice system is increased engagement in and ownership of interventions by the young people themselves. By improving engagement, youth justice practitioners and those they supervise can work together to improve compliance with community sentences; reduce the likelihood of reoffending and also the risk of a future custodial episode.
The Assembly Government will continue to support these measures through existing commitments under the All Wales Youth Offending Strategy Delivery Plan.
Financial Implications
Staff costs associated with this work will to be met by the YJB and the Assembly Government from existing baselines in 2010-11.
Recommendation 7. We recommend that the Welsh Government commissions a review into the availability and suitability of bail accommodation for children and young people in Wales, with the intention of reducing the number of juvenile offenders who are remanded to custody because of an absence of suitable accommodation..............Page 50
Response: Accept in Principle
The Assembly Government will commission a review into the availability and suitability of bail accommodation for children and young people in Wales. This is appropriate since bail accommodation is very often linked to the fostering of children and young people. This will be timed to correspond with and complement YJB work to map the provision of bail support packages throughout England and Wales to identify and promote emerging practice.
Financial Implications
The cost of the review will be met from within the Assembly Government’s existing baseline for 2010-11. Any cost implications arising from the review would need to be considered by the Welsh Assembly Government and the Youth Justice Board in the light of budgets available at the time.
Recommendation 8.
We recommend that the Welsh Government engages in dialogue with the Youth Justice Board towards enabling greater use of video conferencing facilities in court appearances. We anticipate this would reduce the need for children and young people to travel long distances to court, and with adult offenders.....Page 51
Response: Accept
The Assembly Government will work with the YJB and HMCS in considering the appropriate use of video conferencing facilities in court procedures.
The YJB has supported the use of video conferencing technology between youth offending teams and the secure estate. They have also explored the possibility of promoting its use between youth courts and secure establishments.
Financial Implications
Initial work to determine the possibilities for use of the technology would be met by existing running costs in 2010-11 by the YJB, the Assembly Government and HMCS. Implementation would be subject to the identification of additional funding by the YJB and/or HMCS.
Recommendation 9.
We recommend that the Welsh Government consider the potential implications of raising the criminal age of responsibility as part its review of the wider subject of devolving responsibility for youth justice to Welsh Ministers. We anticipate that this would take place before the Welsh Government entered into any discussions with the UK Government on this issue.......Page 52
Response: Reserved matter for the UK Government
This is a reserved matter for the UK Government. They have confirmed that they do not have any current plans to review the age of criminal responsibility.
The Welsh Assembly Government will consider this as part of the wider question of devolution.
Financial Implications
There are no financial implications in relation to this specific issue. There may be implications in the future depending on any decisions taken by the Welsh Assembly Government in relation to the possible devolution of youth justice. Any such decision would of course need to take full account of all cost implications.
Recommendation 10.
We recommend that the Welsh Government works with the Youth Justice Board and local authorities to develop further suitable and effective alternatives to custody for juvenile offenders, including a robust evaluation of such programmes..Page 57
Response: Accept in Principle
The Assembly Government recognises the important role that robust and effective alternatives to custody such as Intensive Supervision and Surveillance have to play in ensuring that the most suitable responses to offending behaviour by children and young people are available.
While the development of further sentencing measures are a reserved matter for UK Government, the Assembly Government will continue to work with and support the YJB in the successful implementation of the new sentencing framework under the Youth Rehabilitation Order and any future developments that offer ways of reducing the use of custody. This will be undertaken within the existing arrangements for the delivery of the All Wales Youth Offending Strategy and the provision of practice improvement support to youth offending teams in Wales.
Financial Implications
Support for youth offending teams is provided through Nacro Cymru under their existing funding contract with the Assembly Government. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
The costs of developing any further sentencing measures would need to be met by the UK Government. Enhancement to the support of community sentences through devolved services such as social care or education, would require the identification of funding from Assembly Government and local delivery partners.
Recommendation 11.
We recommend that the Welsh Government should work with the Youth Justice Board to ensure that children and young people are better able to maintain contact with their families and carers through better access to affordable phone lines whilst in custody............Page 65
Response: Accept in Principle
We will work with the YJB to ensure that children and young people in the secure estate are better able to maintain contact with families in order to examine how access to affordable phone lines may be enhanced. We will also work with the YJB to promote the use of video conferencing. In a recent initiative led by the YJB, a number of youth offending teams across England and Wales were helped to increase the use of video conferencing for professionals and the families of those held in the juvenile secure estate. We will support the implementation of recommendations arising from this work.
Financial Implications
Work with the YJB to examine this issue will be funded within existing baselines during 2010-11. Future submissions would be required for 2011-12 and beyond. Any new financial implications arising from this recommendation would need to be considered by the Youth Justice Board
Recommendation 12.
We recommend that the Welsh Government continues to engage with the UK Government, towards enabling the development of new secure estate placements in Wales, using the Hillside secure unit as a model, and including the development of provision in an appropriate location in North Wales.......Page 69
Response: Accept
The Assembly Government is maintaining an on-going dialogue with the Ministry of Justice and the YJB over the provision of additional secure children’s home placements in Wales, on the same basis as those at Hillside. The Assembly Government remain committed to working with the YJB to identify suitable sites in North Wales, and these will be considered in the light of the resources available and levels of demand.
Financial Implications
The Welsh Assembly Government would need to identify capital funding for the provision of additional juvenile secure places in North Wales and future submissions would be required. The Youth Justice Board would similarly need to consider the availability of revenue funding to support the extra places.
Recommendation 13.
We recommend that the Welsh Government works with the National Offender Management Service (NOMS) to review the suitability of Young Offender Institutions (YOIs) in Wales for holding Welsh juvenile offenders in line with the All Wales Youth Offending Strategy......................Page 71
Response: Accept in Principle
The YJB has responsibility for continuous review of the suitability of the juvenile secure estate through routine monitoring and engagement with providers through contracts and service level agreements. For those aged 18 and above NOMS performs these functions with regard to the suitability of secure accommodation. Her Majesty’s Inspectorate of Prisons carries out regular inspections of Young Offender Institutions.
In the light of these ongoing activities, the Assembly Government will continue to work with the YJB and the National Offender Management Service (NOMS) under the All Wales Youth Offending Strategy to promote the most effective regimes for young people in Young Offender Institutions in Wales.
Financial Implications
Costs will continue to be met by the YJB and NOMS.
Recommendation 14.
We recommend that the Welsh Government works with local authorities, local safeguarding children boards (LSCBs) and Integrated Family Support Teams (IFSTs) to deliver practical improvements in care planning and to improve multidisciplinary work in relation to juvenile offenders. There is a need for local safeguarding children boards, working with youth offending teams and secure estate providers, to have clear policies and procedures in place, in relation to the assessment and management of those young people who may be vulnerable in terms of self-harm, suicide or harm to others................Page 76
Response: Accept in Principle
The Assembly Government is currently working with the YJB to ensure that the development of Integrated Family Support Teams (IFST) takes full account of the interface with other services offered to children and young people; including youth offending teams. We are supporting four pioneer areas that will implement the new arrangements from late spring. The necessary links are being made to ensure there are clear referral pathways to IFST through the range of agencies that contribute to youth justice services, including youth offending teams, the police and children’s social services.
Guidance issued by the Assembly Government Safeguarding Children: Working Together Under the Children Act 2004
sets out clearly how partners through Local Safeguarding Children Boards should engage to safeguard children within their area. Youth Offending Teams are statutory partners on LSCBs.
The Assembly Government has established a Welsh Safeguarding Children Forum which will address issues of strategic leadership of safeguarding and the impact this has on child protection practice locally. The YJB has representation on the Forum and it will consider what additional guidance might be required to further strengthen safeguarding arrangements in Wales.
Financial Implications
Work with the YJB on IFST and safeguarding is funded for 2010-11 within existing Assembly Government baselines. Due to uncertainties over future budgets from 2011-12, future implementation may be affected by the levels of budgets agreed.
Recommendation 15.
We recommend that the Welsh Government takes action towards ensuring that Welsh juvenile offenders are not delayed in accessing treatment because of different NHS commissioning arrangements between England and Wales...Page 78
Response: Accept in Principle
As part of the Assembly Government’s ongoing work to develop Tier 4 Forensic Adolescent Consultation and Treatment Service in Wales we will consider the extent to which different arrangements for commissioning services in England and Wales delay access to mental health treatment.
As with mental health needs, with regard to physical health, young people held in the secure estate in England are entitled to equivalent provision and speed of access to services, regardless of where they are from. The UK Government’s Department of Health remains committed to working with the Welsh Assembly Government to help alleviate any delays.
Financial implications
This is funded within existing Assembly Government Department of Health and Social Services baselines for 2010-11. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
Recommendation 16.
We recommend that the Welsh Government make a public guarantee that tiers 2 and 3 of Child and Adolescent Mental Health Service (CAMHS) support will be made available to all children in the secure estate..................Page 82
Response: Accept in Principle
The Assembly Government believes that Tier 2 CAMHS should be available to all children and young people on the basis of their assessed need and irrespective of placement or legal status. We expect provider organisations to deliver services on that basis and are currently working to ensure this is occurring.
We are committed to developing Tier 3 Forensic Child and Adolescent Mental Health Services (CAMHS) across Wales by March 2011.
Financial implications
This is funded within existing Assembly Government Department of Health and Social Services baselines for 2010-11. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
Recommendation 17.
We recommend that the Welsh Government engage with local authorities towards enabling consistency over mental health psychiatric nurse support for Youth Offending Teams (YOTs). Consideration should also be given to ensuring that young people leaving the secure estate, who are not engaged with Youth Offending Teams, are able to access mental health support...Page 82
Response: Accept in Principle
The Assembly Government agrees with the recommendation that psychiatric nursing support should be made available to all Youth Offending Teams (YOTs). The establishment of the Mental Health Advisor posts as required by the NHS Wales Annual Operating Framework will strengthen the existing mental health worker input into the YOTs and to ensure that children and young people managed by the YOTs have access to mental health services according to their assessed need. Since the YOT inception there has been an expectation of a health professional within the YOT Team. We are requiring that there should be a psychiatric nurse in this role who will liaise and develop joint pathways of care with the local Tier 3 Forensic CAMH services currently being developed to ensure children in the Youth Offending teams receive appropriate care from Tier 2 and Tier 3 services.
The development of strong links between youth offending team psychiatric nurses and Mental Health Advisors as part of tier 1-4 services will make a significant contribution to improved planning for release from custody. We expect service providers to be fully involved in multi-agency planning and to ensure appropriate care is available to those who leave the secure estate.
Financial Implications
Work to develop CAMH services is funded for 2010-11 within existing Assembly Government Department of Health and Social Services baselines. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed. Funding for youth offending team mental health professionals is the responsibility of health boards.
Recommendation 18.
We recommend that the Welsh Government ensure that all Welsh children and young people in custody have the same access to education, training and employment as every other child or young person in Wales. In order to make this happen, the Welsh Government should issue strategic guidance to local authorities to ensure they do more to secure full-time education, training or employment for children and young people given custodial sentences......................Page 91
Response: Accept in Principle
The Assembly Government accepts that young people in custody should have the same rights to education, training and employment as all other children and young people in Wales.
Draft guidance is currently being prepared as part of the implementation of the Apprenticeships, Skills, Children and Learning Act 2009, which relates to the education and training of young people in custody within Wales. The main purpose of this is to move the learning of young people in custody into line with mainstream provision and framework in the community and more significantly under primary education legislation for the first time.
This guidance encompasses the Assembly Government’s commitment to young people which was first set out in Extending Entitlement: Supporting Young People 11-25 in Wales in 2000 and 2002.
Under the 2009 Act, education and training for those held within the juvenile secure estate in England will be provided by the local authorities where institutions are situated to ensure education authorities in England are aware of their responsibilities in relation to the delivery of a Welsh curriculum.
Financial Implications
The staff costs relating to the provision of guidance and continued work with the YJB to influence the provision of services to those in the English secure estate is currently funded within existing Assembly Government baselines. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
Recommendation 19.
We recommend that the Welsh Government ensure that all Welsh children and young people in custody have an equal entitlement to education, training and employment as those outside it, ensuring that the educational standard of all those entering custody is both assessed and addressed. In order to make this happen, the Welsh Government should work with relevant partners to ensure that every young person in custody has an individual learning plan in place and that this is regularly monitored as required by the All Wales Youth Offending Strategy (AWYOS)...............Page 93
Response: Accept in Principle
Where children and young people are held in custody in Wales, measures to implement the Apprenticeships, Skills, Children and Learning Act 2009 through guidance will give the Assembly Government powers to deal with activity to assess and address the educational standards of those entering custody. The use of individual learning plans will be addressed as part of this guidance.
For those held in English establishments we will continue to work with the YJB and the UK Government Department for Children Schools and Families on the implementation of the requirements of the Act in England. In doing so we will seek to ensure education authorities in England are aware of their responsibilities in relation to the delivery of a Welsh curriculum.
Financial Implications
The staff costs associated with implementing this can be met from existing Assembly Government baselines for 2010-11. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed.
Recommendation 20.
We recommend that the Welsh Government engages in dialogue with the Youth Justice Board, towards enabling a review of the provision and effectiveness of advocacy arrangements in the juvenile secure estate..................Page 96
Response: Accept
The commissioning of advocacy services in the secure estate is the responsibility of the YJB. In July 2008 the YJB recently entered into a new set of agreements with the providers of advocacy services. They have confirmed that they will continue to monitor, performance manage and encourage continuous improvement of these services.
Alongside this the Assembly Government has agreed with the YJB to enter into a dialogue to explore how advocacy services in the juvenile secure estate can both be improved and adapted to take account of the Model for Delivering Advocacy for Children and Young People that is soon to be implemented in Wales by the Assembly Government.
Financial Implications
Discussions with the YJB on these issues is funded within existing Assembly Government baselines in 2010-11. If, as a result of a dialogue with the YJB, a review is deemed necessary, costs would need to be met from Youth Justice Board budgets.
Recommendation 21.
We recommend that the Welsh Government enables pilot work to be done in Wales on the potential benefits of speech and language therapy for juvenile offenders: both in custody and on release........................Page 100
Response: Accept in Principle
The Assembly Government will work with the YJB, youth offending teams and speech and language therapists to support and enable pilot work to explore the potential benefits of speech and language therapy for children and young people who have offended. This will build upon work already underway as part of the delivery of the All Wales Youth Offending Strategy to improve participation practice within the youth justice system. This work has identified that communication difficulties present a significant barrier to young people’s participation and engagement in youth justice interventions.
We will work with youth offending services such as Wrexham that are leading the way in this area to develop and pilot ways in which this can be applied to those within the youth justice system, including those who enter the secure estate.
Financial Implications
The costs of the initial work to survey current practice is being met by the Assembly Government and the YJB from within existing baselines in 2010-11. Resources for a wider piloting and roll-out would need to be identified from Welsh Assembly Government and Youth Justice Board resources.
Recommendation 22.
We recommend the Welsh Government liaise with the Youth Justice Board to ensure that there is adequate training for all professionals and support staff working with children and young people in the secure estate, ensuring that services are child-focussed and tailored to individual needs...........Page 107
Response: Accept
The Assembly Government will liaise closely with the YJB to ensure that adequate training is provided. The YJB will shortly produce a document setting out the core competencies that staff working in the children and young people’s secure estate are expected to possess. The YJB will work with the Assembly Government to ensure that this document is appropriate for Wales. The document will set out the competencies that staff working in Hillside and Parc will need in order to work effectively with Welsh young people. The YJB will then work with providers to map their existing recruitment and training programmes against the core competencies to identify any gaps. Providers will then be required to develop action plans to address those gaps.
The YJB has piloted the delivery of enhanced training packages to staff working in Youth Offender Institutions and will share the findings with the Assembly Government when the evaluation is complete.
The YJB is also exploring the potential to utilise a web-based learning platform (the Youth Justice Interactive Learning Space) to provide training to staff working in the secure estate. The YJB will work with the Assembly Government to take this forward.
Financial Implications
The staff costs of liaison with the YJB are funded by the Assembly Government from within existing baselines in 2010-11. The costs of any changes to the training programmes provided by the YJB as a result of this liaison would be borne by the YJB.
Recommendation 23.
We recommend the Welsh Government continue to support the facilitation of sharing of good practice in the secure estate through an annual seminar hosted by Estyn....Page 107
Response: Accept in Principle
The Assembly Government will work with Estyn and the YJB to hold a seminar to disseminate good practice in the secure estate during 2010-11. If this is successful and participants are agreed that there is a continuing need for such an event we will consider the case for an annual seminar.
Financial Implications: None. The costs will be met from the Welsh Assembly Government’s Safer Communities Fund budget during 2010-11.
Recommendation 24.
We recommend the Welsh Government liaise with the Youth Justice Board to review the current system of targets, performance indicators and measures of reoffending to produce a robust dataset that is focused on successful outcomes. We feel this should include ’soft’ measures for this group to recognise distance travelled rather than just inputs (e.g. the number of hours of attended). We also recommend that the Welsh Government works with the Youth Justice Board to issue guidance to local authorities, secure estate providers and relevant partners to clarify what data they should be collecting and sharing in relation to juvenile offenders and to ensure this is being regularly updated and stored appropriately.................Page 110
Response: Reject
While the setting of performance indicators for youth justice services is a reserved matter, the Assembly Government and the YJB have recently undertaken an extensive joint review of the performance management framework for youth justice in Wales. This involved detailed examination of the data recorded by and collected from youth offending teams in Wales and involved wide consultation with the full range of stakeholders. The result has been the establishment of the Wales Youth Justice Indicator Set which underpins the revised delivery framework for the All Wales Youth Offending Strategy and forms part of the local government performance reporting requirements. This new framework has been in operation since April 2009 and is accompanied by a comprehensive set of guidance for youth offending teams and local authorities setting out data collection requirements.
During work to revise the framework the potential for reporting ‘soft outcomes’ by youth offending services was considered. At that time, based upon research and consultation responses, this proved to be impractical. The Assembly Government and the YJB, made a commitment to keep the framework under review in order to consider how it could be improved and amended in future. Since that time the Assembly Government has made significant progress in developing the ‘Demonstrating Success’ methodology for the assessment and recording of social and emotional skills. Progress will continue to be monitored by the Youth Justice Committee for Wales which includes a wide range of stakeholders.
The implementation of a new performance framework represents a significant burden on local youth justice services while they adjust to new counting and recording procedures. While the Assembly Government and the YJB are committed to the long term goal of integrating models such as Demonstrating Success into the performance framework for youth justice services we regard the present time, following a comprehensive review, to be too soon to further burden those delivering services with increased data collection responsibilities.
Financial Implications
None.
Recommendation 25.
We recommend that the Welsh Government engages in dialogue with the Youth Justice Board and UK Government towards having a link resettlement officer in England based institutions who should work with Welsh juvenile offenders during their sentence and to prepare for them for their release...Page 112
Response: Accept in Principle
The provision of support in custody is a reserved matter funded by the UK Government and commissioned by the YJB. The establishment of a link resettlement officer in English secure establishments would represent enhanced provision for children and young people from Wales and would require agreement from the YJB. The YJB has made it clear that such enhanced provision would incur additional costs that would not be met by UK Government.
The Assembly Government supports the principle of ensuring that Welsh children and young people in the English Secure Estate maintain strong links with their family and social, education and housing services. The issue of whether resettlement could be improved by providing a link worker will be discussed with the YJB together with what are the options for enhancing existing arrangements.
Financial Implications
The costs of discussions with the YJB are currently funded by the Assembly Government from within existing baselines. Due to uncertainties over future budgets from 2011-12 future implementation may be affected by the levels of budgets agreed. There would be financial implications in providing link workers. Accurate costs would need to be established and funding identified before this could be taken forward.
Recommendation 26.
We recommend that the Welsh Government, working with the Youth Justice board should issue guidance to local authorities, ensuring that Youth Offending Teams in every local authority in Wales are working together as effectively as possible to deliver an integrated service to young people when they are released from custody. We believe that Youth Offending Teams should report directly to the chief executive of an authority, who should be responsible for ensuring that the work of the youth justice services in their local authority is co-ordinated effectively in line with the All Wales Youth Offending Strategy...................Page 115
Response: Accept in Principle
Under existing legislation, it is the responsibility of the local authority chief executive to convene and maintain a youth offending team.
The Assembly Government has recently commenced work with the YJB to issue separate Welsh guidance for youth offending teams and their management boards which comprise local authorities, health boards, probation and police services. This will cover the full range of local youth justice functions and responsibilities, including those related to resettlement support following custody.
Through joint work on this guidance, the Assembly Government will continue its work with the UK Government on the implementation of clause 31 of the Children Schools and Families Bill which introduces new powers to direct youth offending teams or the local authority where there is a failing youth offending team. These powers will focus on the role of the chief executive and their responsibility to ensure that the youth offending team performs its functions to a satisfactory level.
Financial Implications
The cost of joint work with the YJB and UK Government on guidance to youth offending team management boards is being met from within existing Assembly Government baselines.
Recommendation 27.
We recommend that the Welsh Government issues statutory guidance to local authorities to enable housing to be a statutory partner on youth offending team management board.............................Page 118
Response: Accept in Principle
The Assembly Government supports the principle of local authority housing departments being represented on youth offending team management boards. The provision of suitable accommodation to young people at risk of receiving a custodial sentence is essential to ensuring that community sentences are used wherever possible. Similarly, those returning from secure settings will get greatest benefit from stable and, where appropriate, supported accommodation to help prevent reoffending and ensure that they are not returned to custody.
However, statutory guidance to give housing authorities a duty to sit on youth offending team management boards would need to be published by the UK Government under the Crime and Disorder Act (1998)
As part of our joint work with the UK Government to issue general guidance to youth offending teams and their management boards, we will explore how best to encourage local housing authorities to become more involved in the strategic leadership of youth offending teams.
Financial Implications
The staff costs of preparing general guidance will be met from existing Assembly Government baselines.
Recommendation 28.
We recommend that the Welsh Government, working with local authorities, employment organisations and third sector bodies, consider how employment opportunities for young people leaving custody can be increased...........Page 121
Response: Accept in Principle
As part of our delivery of the All Wales Youth Offending Strategy, the Assembly Government and the YJB are working with Careers Wales and youth offending teams to examine and improve the existing processes for providing training and employment for young people leaving custody.
We will extend this work to consider the role of local authorities, employment organisations and third sector bodies. We will also work with the Ministry of Justice to explore how work that they are undertaking to address this issue can best be pursued in Wales.
Financial Implications
The staff costs for the existing work under the All Wales Youth Offending Strategy Delivery Plan is funded within existing Assembly Government baselines in 2010-11. Due to uncertainties over future budgets from 2011-12 expansion of this work may be affected by the levels of budgets agreed.
Huw Lewis
Deputy Minister for Children
