When the chairman of the Youth Justice Board for England and Wales reveals that the number of youngsters being sent to court each year has risen by up to 40,000 over the past decade, two conclusions must be drawn. First, the chronic overcrowding in young offender institutions, announced by the YJB last week, should have been foreseen long ago. Secondly, the system designed to identify “at risk” teenagers and keep them out of trouble is not working.

The problem is partly procedural. The official response to most youthful antisocial (but not criminal) behaviour used to be a police caution, with no limit to the number of cautions an individual could amass. That patently inadequate system has been replaced with a highly prescriptive one. Young repeat offenders, however trivial their offences, receive an official reprimand, then a final warning, then a summons to a magistrate’s court.

It is no surprise that magistrates are swamped with cases that they do not believe merit their attention. But how to handle them if not via the courts is a question with, literally, life and death implications. It emerged yesterday that Danny Preddie, who was convicted this month of the manslaughter in 2000 of Damilola Taylor, was routinely able to flout curfew orders at his care home in South London because he, and the other teenagers living there, knew staff were banned from using force to stop them leaving.

This does not constitute an argument for a general return to the lash. Rather, as Professor Rod Morgan, chairman of the YJB, tells The Times today, staff in schools and care homes need far greater latitude to sanction their charges as they see fit. Police and the courts should be a last resort.

Freedom from box-ticking will help teachers and carers only if they know what to do with it, however. Professor Morgan is also, rightly, concerned that many who confront violent and disruptive youngsters on a daily basis have lost the confidence to insist on decent behaviour for its own sake. When instilling basic discipline does not come naturally, specialist training has been shown to help. This is true not only in care homes, but also in the most important, most neglected institution in the youth justice debate – the family. Even though parenting is a less instinctive skill than many would-be parents think, the unwritten taboo on “teaching” parenting is only now being broken. When help is offered, however, especially to young, single parents of children at risk of sliding into truancy and crime, it is often gratefully received.

In schools, as in single-parent families, a shortage of suitable male role models may be fuelling delinquency. Professor Morgan calls this issue “tricky”. For him, it may be. But policymakers must grapple with it. Vital lessons in acceptable behaviour are being missed by children who then graduate to “criminality”. This is a failure of parenting and education, but also of an inflexible youth justice system. The Government’s role should not be to micromanage the adults involved, but to empower them to be adults.