Recently, we have seen an influx of enquiries from Providers of children’s homes services who have received notices of proposal and/or notices of decision from Ofsted to refuse their applications for registration. In order to help avoid refusals of registration, Providers should ensure they are familiar with the registration process and relevant requirements at the earliest opportunity. This article explores the Ofsted registration process and notes some common areas which have led to registration refusals.

It is a criminal offence to carry on or manage a children’s home if you do not have an Ofsted registration and one is required (Section 11, Care Standards Act 2000 (“CSA 2000”)). Therefore it is important for Providers to ensure they are appropriately registered with Ofsted before providing regulated services.

Who needs to register with Ofsted?

An establishment is considered a children’s home under the CSA 2000 (and therefore must register with Ofsted) if it provides care and accommodation wholly or mainly for children (children being defined as people who are aged under 18). There are different types of children’s homes. Some examples of these are privately owned services, local authority operated children’s homes, secure children’s homes or schools and schools that accommodate children for over 295 days in a year.

How long does Ofsted registration take?

Once everything necessary for an application has been submitted, Ofsted’s aim is to make a decision within 47 days. Ofsted recommends that Providers allow at least 16 weeks from the start of the application before they intend to open.

What forms need to be completed?

In order to register with Ofsted the Provider must complete the SC1 application form within which they will need to provide evidence of financial viability, details about the service and how it will be run, and policy documents for the service. The SC2 form should also be completed by anyone involved in the service with a governance or management role (for example, the proposed Registered Manager, Responsible Individual, company director or partners in a partnership); this is a personal form which will contain details such as a DBS check, work history and professional references.

What are the requirements for Registered Managers and Responsible Individuals?

Importantly, before applying the Provider should have appointed a suitably qualified and experienced Registered Manager. If the Provider is an organisation, such as a company, it will also need to appoint a Responsible Individual whose role it is to represent the organisation to Ofsted. Sole traders and partnerships do not require a Responsible Individual.

Registered Manager Requirements

Regulation 28 of the Children’s Homes (England) Regulations 2015 states a person may only manage a children’s home if:

  • they are of integrity and good character;
  • they have the appropriate experience, qualification and skills to manage the home effectively and lead the care of children;
  • they are physically and mentally fit to manage the home; and
  • full and satisfactory information is available in relation to the person in respect of each of the matters set out in Schedule 2 of the regulations.

Regulation 28 further clarifies that in order to fulfil the requirement that the person must have the appropriate experience and qualifications they must have:

  • Within the last 5 years, worked for at least 2 years in a position relevant to the residential care of children;
  • Worked for at least one year in a role requiring the supervision and management of staff working in a care role; and
  • Attained the Level 5 Diploma in Leadership and Management for Residential Childcare (England) or a qualification which the Provider considers to be equivalent to the Level 5 Diploma by the relevant date (the relevant date is usually considered to be within 3 years of starting managing a home).

The above regulatory requirement is not explicitly stated in Ofsted’s guidance on the registration of children’s homes and we have seen examples of registration applications failing as a result of the proposed Registered Manager not having the necessary experience. In such cases, the proposed Provider is also criticised for not having an appropriate knowledge of the regulations.

The Ofsted guidance, ‘Introduction to children’s homes’, expands on Ofsted’s expectations for Registered Managers, stating a Registered Manager ‘must demonstrate that they have strong management skills and well-developed leadership skills and characteristics, for example:

  • A secure knowledge and understanding of any specialisms offered for children;
  • A proven commitment to an approach to providing care that meets children’s individual needs;
  • A history of strong management oversight of practice, including monitoring and reviewing performance, and leading activities to improve practice;
  • The ability to work flexibly, respond to unforeseen challenges and maintain resilience;
  • The ability to create strong and effective relationships with children and staff.’

Responsible Individual Requirements

Although a Responsible Individual is not registered by Ofsted they are still vetted by Ofsted during registration and must also ‘demonstrate a good knowledge and understanding of:

  • Law and practice relating to children looked after;
  • Safeguarding and child protection;
  • Law and guidance around the service that you will be responsible for, including applicable regulations; national minimum standards or quality standards for children’s homes; and statutory guidance.’

They are further expected to:

  • ‘have the skills, knowledge and ability to carry on the service in a way that results in good practice and continuous improvement;
  • Have the business and management skills to supervise the management of the service efficiently and effectively;
  • Shows that you, or another official within the organisation, have the necessary financial skills and expertise to make sure the service is run on a sound financial basis, including ensuring its long-term financial viability.’

The Children’s Homes (England) Regulations 2015, Regulation 26(5)(a)-(c) and Regulation 26(7) states that a Responsible Individual must be ‘of integrity and good character’, provide ‘full and satisfactory information’ about themselves, be ‘mentally and physically fit to carry on the home’ and ‘financially fit to carry on the home’. They must also ‘have the capacity, experience and skills to supervise the management of the home, or homes, in respect of which they are nominated’.

Regulation 2 additionally defines a Responsible Individual as an individual who is a director, manager, secretary or other officer of an organisation which is the registered provider. While in the past Ofsted has not raised specific concerns when Providers have appointed external individuals as the Responsible Individual, Ofsted has indicated its intention to be more prescriptive with the Regulation 2 requirement moving forwards. We have seen Ofsted already being more robust in relation to new applications for registration and note Ofsted’s intention to review appointed Responsible Individuals at existing Ofsted registered services in the future.

Inspection

Once the application forms have been received and processed by Ofsted, an inspection of the service will be arranged. This is an opportunity for the Provider to show their service to Ofsted and describe to Ofsted in person how it will be run. It is also Ofsted’s opportunity to see that your service is suitable in line with your statement of purpose and matches the service details you have provided in your application.

Fit/suitable person interview

At this time, the Registered Manager will also undergo a fit/suitable person interview. You should complete the relevant questionnaire before this interview as it will assist the inspector to determine the proposed Registered Manager’s fitness.

Registered persons, including the Registered Manager and Responsible Individual, must be able to demonstrate a good understanding of the relevant legal requirements including the following:

  • CSA 2000
  • The Children’s Homes (England) Regulations 2015
  • The Care Standards Act 2000 (Registration) (England) Regulations 2010

Registration or refusal

If the inspector is satisfied that the Provider and their Manager are ready to proceed, registration will be granted.

If the inspector is not satisfied then Ofsted will issue a Notice of Proposal detailing where the Provider and/or the Registered Manager have fallen short of the relevant requirements for registration. From the date of receipt of the Notice of Proposal, 28 days is given within which to provide written representations and evidence to Ofsted to show you are meeting the requirements or where you were not meeting the requirements, to show what you have done to ensure that you now meet them. There is additionally the option to request to present your written representations to Ofsted in person.

Where Ofsted decide your representations do not show enough improvement or it remains unsatisfied as to your ability to meet the requirements then a Notice of Decision will be issued to refuse the registration.

It should be noted that a refusal for registration by Ofsted can have serious consequences on Providers and Registered Managers.

Once a Notice of Decision is issued, you will have 28 days to submit an appeal to the Tribunal. If no appeal is made within this timeframe, the Notice of Decision will be adopted by Ofsted.

Disqualification

If a relevant individual has a previous disqualification they must contact Ofsted to apply for written consent before the Provider applies for registration. It is an offence to knowingly employ a disqualified person in a children’s home without Ofsted’s written consent and the Provider must ask for written consent to employ a disqualified person at a children’s home, including as a volunteer.

Where an application for registration made by an individual is refused by Ofsted, such as a manager,  partnership or an individual provider, those individuals will become disqualified by Ofsted. Once disqualified they cannot be involved in children’s homes, in any aspect including financially, without Ofsted approval. They are also unable to privately foster a child.

Conclusion

It is vital that you are fully prepared before submitting your application for registration to Ofsted. Once it begins, the process is relatively fast moving and there can be serious repercussions if you are not prepared and Ofsted refuses your application for registration. At Gordons Partnership we have the experience to assist you with all stages of the registration process whether it is making your application or advising on challenges to Notices of Proposal or Notices of Decision to refuse your registration.

If you would like to speak to our Health and Social Care Team, please contact us on 01483 451900.

If you would like to read further about Notices of Proposal, please click here.

 

About the Author

Poppy Jackson

 

Poppy Jackson

Assistant Solicitor