Closing the gaps to protect society’s most vulnerable– are you affected by proposed changes to regulation of Children’s Homes?

England and Wales

The regulation of children's homes in the UK has undergone significant scrutiny and changes in recent years. In our previous articles, “Closing the gaps to protect society’s most vulnerable– are you affected by proposed changes to regulation of Children’s Homes?” (view here, here and here), which are a series of updates starting from July 2020, we discussed the government's efforts to tighten regulations and enhance the quality of care and accommodation provided to vulnerable children. These articles detailed the forthcoming introduction of new quality standards and the requirement for providers of accommodation for 16 and 17 year olds to register with Ofsted, aiming to ensure that all children's services meet the necessary standards to safeguard and support the children in their care.

It has been  over two years since our first article on the situation, and recent reported findings of an investigation undertaken by The Observer reveal that hundreds of vulnerable children continue to be placed in illegal and unregulated care homes across England[1]. This alarming situation highlights ongoing challenges in the regulatory system intended to protect children.  The investigation conducted by The Observer concluded that Councils placed 706 children, the majority of them under the age of 16, in homes not registered with Ofsted in 2022-23. Most of the providers operating these unregulated homes are private companies, which are reported to have received nearly £105 million from English councils last year, equating to almost £150,000 per child. Despite the legal mandate, no prosecutions were made by Ofsted against providers of unregistered homes in 2022-23, even though Ofsted launched 845 investigations into suspected illegal children's homes.

Similar reports continue to emerge from various sources.  Another example is a recent BBC News article regarding Ofsted considering a "full criminal investigation" after Bristol City Council admitted to illegally placing eight children in unregistered homes due to a shortage of suitable care placements. Having been informed by the Council of the situation, Ofsted’s instructions were that the Council must either properly register the homes or relocate the children, highlighting ongoing legal and safety risks amidst increasing demand for care services​.[2]

Since our last report, several key developments have occurred:

  • In April 2023, the government introduced the anticipated new quality standards that providers of supported accommodation were required to meet by October 2023. The standards encompass leadership, management, protection, accommodation, and support, aiming to ensure comprehensive care and safety for children.[3] 
     
  • Providers of supported accommodation were required to submit applications to register with Ofsted by 28 October 2023 to continue operating legally. Operating without registration became an offence under section 11 of the Care Standards Act 2000 with breaches attracting the potential for prosecution.
     
  • Ofsted announced in February 2024 that inspections of supported accommodation providers would commence in September 2024, allowing additional time for providers to adhere to new guidance and for Ofsted to address an application backlog, which included many applications from providers that were already accommodating children and care leavers.[4]
     
  • In April 2024, Ofsted revised the Social Care Common Inspection Framework. The updates emphasise that inspectors must adhere to Ofsted’s duties under the Equality Act when applying the framework. The revisions also clarify opportunities for providers to discuss or submit information regarding potential equality obligations, including reasonable adjustments for individuals. Additionally, the updates outline Ofsted’s new procedures for report publication, quality assurance, and handling concerns and complaints, including references to Ofsted’s pausing process and new complaints timeframe.[5]
     
  • In July 2024, Ofsted updated its guidance to prioritise registration applications for urgent placements, such as children placed in emergencies, those subject to Deprivation of

Liberty orders, and unaccompanied asylum-seeking children. This expedited process seeks to ensure that urgent needs are met promptly while maintaining compliance with regulatory standards. [6]

While significant strides have been made to enhance the regulatory landscape of children's homes in the UK, challenges remain in fully realising these protections.  Despite the regulatory enhancements, there is clear evidence that large numbers of children continue to be placed in unregistered settings and no prosecutions have yet been brought by Ofsted against providers for operating unregistered children's homes.  The ongoing illegal placement of children underscores the need for continued vigilance and enforcement.  It is yet to be seen whether Ofsted will step up and effectively utilise its authority to bring about meaningful change.

We will continue to monitor the situation and provide updates on any further developments. Our team is dedicated to assisting clients in navigating these regulatory changes and ensuring compliance with the new standards.

For more information and support, please do not hesitate to contact us. We are here to help you ensure that your operations meet the highest standards of care and compliance.

Co-authored by Leia Hayes, Solicitor Apprentice at CMS
 

[1] Revealed: hundreds of vulnerable children sent to illegal and unregulated care homes in England | Children | The Guardian

[2] Bristol City Council faces probe into illegal placements of children in care - BBC News

[3] Guide to the supported accommodation regulations including quality standards (publishing.service.gov.uk)

[4] Ofsted confirms plans for inspecting supported accommodation - GOV.UK (www.gov.uk)

[5] Social care common inspection framework (SCCIF): supported accommodation - GOV.UK (www.gov.uk)

[6] Guidance: Registering children’s homes in an emergency: priority applications