Ofsted and the Regulation of Supported Accommodation

Ofsted and the Regulation of Supported Accommodation

Ofsted and the Regulation of Supported Accommodation has been on the mind of providers in this sector for some time now. In 2020, a series of reforms to regulate the provision for children in care/care leavers were proposed by the Government to address concerns regarding quality and appropriateness of unregulated independent and semi-independent accommodation. Most responses were in favour of regulating the service through the introduction of national standards and mandatory registration with Ofsted, who would conduct regular inspections of services. Furthermore, the placement of under-16s within supported accommodation would be banned.

Investigations

In February 2021, the Government’s response was published. This set out that they
would:

• Ban the placement of under-16s in unregulated provision (effective September 2021).
• Consult on introducing national standards and Ofsted-led registration and inspection for providers of unregulated provision.
• Legislate to give Ofsted additional powers to act against illegal unregistered children’s homes.

In May 2021, a further Government consultation on introducing national standards
sought views on:

• The KPIs for determining whether a provider offers ‘care’ or ‘support’ to inform the development of guidance;
• How best to define this provision in future;
• What the best provision in this sector looks like;
• A proposed suite of standards (including their impact and associated costs); and
• How settings should be regulated by Ofsted.

A survey of local authorities was conducted in 2022 to further understand the size and nature of supported accommodation across the UK – results suggested around 1,100 providers, and as many as 7,000 children and care leavers aged 16 – 17 within the service.

The shocking statistic was the discovery that, in March 2022, the number of looked after children in semi-independent accommodation rose by more than a quarter in 2021-22. Over the same period, the number of children in unregulated placements increased by 23%. That number now equates to nearly 1 in 10 of looked after children.

Changes to the Provision as a Result of Ofsted and the Regulation of Supported Accommodation

Moving forward, the provision will now be called ‘Supported Accommodation for Young People’ to encompass all who use the service. Furthermore, the following will be implemented (subject to change):

• 4 new standards are to be introduced against which Ofsted will regulate this service:
• The leadership and management standard
• o The protection standard
• o The accommodation standard
• o The support standard
• Introduction of ‘the Guidance’: “a statement published pursuant to section 23 of the Care Standards Act 2000.” – this will consist of 8 principles for supported accommodation to underpin the regulations and the Guidance.
• New, mandatory requirements around management, administration (complaints/representation, record keeping, etc.), and service delivery.
• More in-depth mandatory policies, including:
• o Safeguarding
• o Missing Child
• o Behaviour Management
• o Restraints
• Notifying Ofsted of:
• o The death of a Young Person;
• o A safeguarding referral;
• o A serious incident;
• o The arrangement or ceasing of supported accommodation for a Young Person
• o Any committed offences by the registered provider;
• o Notice of absence for Registered Managers who will be away more than 28-days;
• o The appointment of liquidators; and,
• o The death of a registered person.

Who Will Be Required to Register?

Any organisation, partnership or person wanting to provide supported accommodation must register a supported accommodation undertaking with Ofsted. Any registered organisation, partnership or single individual undertaking supported living services will be the registered provider and will be responsible for (list non-exhaustive the financial requirements; the workforce plan; and the appointment of the registered service manager.

Any registered service managers will have to prove fitness to work by providing all
documents listed under the safer recruitment checks:

• Enhanced DBS
• 2x forms of identity
• Address
• Right-to-work in the UK
• Fitness to practise
• References (including two previous care employers)
• Training/qualifications/registrations (as relevant to the role).

The registered person must also provide proof of financial fitness to carry on
providing supported accommodation, including:

• Accountant certified annual accounts;
• Information on financing/financial resources of the settings and the registered provider;
• Lists of any associated companies (where the provider is part of a group); and,
• An insurance certificate.

Offences

The following offence provision sections will be extended from the Care Standards Act (2000) to supported accommodation undertakings:

• Section 11: Requirement to register – the offence is committed if any person who carries on or manages supported accommodation undertaking without being registered.
• Section 24. Failure to comply with conditions.
• Section 24A. Offences relating to suspension – the offence is committed if the person carrying on or managing the supported accommodation continues to operate while the registration is suspended.
• Section 26. False descriptions of establishments and agencies.
• Section 27. False statements in applications.

Inspections and Fees

• Proposed inspections at least every 3-years.
• Ofsted will charge registration, variation, and annual fees to carry out their regulatory work for supported accommodation providers. These will be charged at set rates (2023-24 will differ from 2024-25 to reflect the fact inspections will not take place until April 2024).
• No annual/Registered Service Manager fees in the first year – providers will be charged a single fee at the point of registration covering all these activities.
• Ofsted will charge higher provider registration fees for large providers operating 10+ settings compared to small providers operating fewer less than 10 settings.

What do Providers Need to do?

Providers will need to submit a complete application to Ofsted by 30 September 2023. Registration opens/ed in Spring 2023 and Ofsted will be able to provide more support to early registerers.

From October 2023, it will be an offence to carry on or manage supported accommodation without being registered.

Providers will also need to have read the Guidance, ensuring they adhere to the 4 standards and 8 principles outlined. This will most likely be referenced within tender questions – e.g., “how do you ensure the 4 standards of supported accommodation are met?”

Providers should investigate care/support management tools that will help with management of Young People’s support plans and monitoring/reporting. This will definitely come up in tendering questions, as Commissioners will want to know how you will meet the new reporting standards.

Directors/Registered Persons should be aware of the Care Standards Act 2000, as many new reforms stem from this legislation.

Financials need to be in order – ensure all accounts are correct and up to date as far as possible as they will be needed in tenders.

If you are not doing this already, ensure safer recruitment checks are in place, with your HR/administration team having completed safer recruitment training. We see a lot of tenders wanting to know that providers are recruiting safely, and it is now becoming mandatory.

To Note: The mixing of different age groups within supported accommodation will continue, but under clear guidelines within national standards that providers must consider the relevant age groups and matching issues of individuals to mitigate risks before a young person is admitted or placed in these settings. A mixed setting may be right for one young person but may present unnecessary risks for another. Local authorities and providers must make informed and sensible decisions on this.

Check out the Ofsted: Social Care blog HERE.

Are you a provider in the sector? See how we can assist you with tenders HERE.