The supported accommodation sector comprises all providers accommodating a child or care leaver aged 16 or 17 within an accommodation setting or placement. Historically, the supported accommodation sector was unregulated, meaning providers were able to operate without the need to be registered with Ofsted. However, this changed from 28th October 2023, when it became compulsory for providers to register their supported accommodation services with Ofsted. Providers who failed to register with Ofsted by the 28th October 2023 or to have an application to register accepted by Ofsted as “complete” by that date, and who are still carrying out supported accommodation services, will be committing an offence.

 

Will my Supported Accommodation service be inspected?

Ofsted has confirmed that from September 2024, it expects to start carrying out regular graded inspections and monitoring visits of supported accommodation services.

Ofsted carried out a consultation which ran from July – September  2023 giving providers, children and care leavers an opportunity to share their views on proposals relating to inspection outcomes. A noteworthy outcome of this consultation was the 2-day notice period given for inspections. Ofsted has declared that it will not arrive on-site until 2 working days after announcing the inspection which will give supported accommodation providers some time to prepare for the on-site visit. This is a key difference with inspections of children’s homes, all of which are unannounced. It should be highlighted that the inspection will start at the point of announcement, which will involve gathering information off site. A detailed report about this consultation can be found here.

Unannounced monitoring visits may still be carried out by Ofsted if they have concerns about the safety and welfare of children in the supported accommodation setting.

Ofsted is stepping away from their four-point rating scale of Outstanding, Good, Requires Improvement and Inadequate and instead have decided that inspections of supported accommodation providers will lead to one of three outcomes:

  1. Consistently strong service delivery leads to typically positive experiences and progress for children. Where improvements are needed, leaders and managers take timely and effective action.
  2. Inconsistent quality of service delivery adversely affects some children’s experiences and this may limit their progress. Leaders and managers must make improvements.
  3. Serious or widespread weaknesses lead to significant concerns about the experiences and progress of children. Leaders and managers must take urgent action to address failings.

Ofsted has also confirmed the frequency of inspections for supported accommodation services. Services rated under Outcome 1 will be reinspected within approximately 3 years, those rated under Outcome 2 can expect to be reinspected within approximately 18 months and those rated under Outcome 3 which comprise the weakest providers can expect to see the inspectors returning within approximately 6 months.

 

Ofsted Enforcement Actions

Like all Ofsted registered provision, registered providers and managers of supported accommodation services will be subject to Ofsted’s enforcement actions set out in the Care Standards Act 2000 and associated regulations.

Ofsted’s powers of enforcement are wide ranging and can be taken against both registered providers and registered managers. Ofsted’s powers of enforcement include:

  • Making a recommendation or requirement
  • Varying or imposing conditions of registration
  • Suspending registration
  • Serving compliance notices
  • Restricting accommodation
  • Cancelling a registration

Ofsted can and often does impose more than one type of enforcement action at the same time. A common example occurs when Ofsted suspends a registration whilst simultaneously imposing conditions on a provider.

Some enforcement actions from Ofsted allow the service or registered manager to make written representations and appeals.  Where an enforcement action requires Ofsted to serve a Notice of Proposal (NOP), the registered provider  or registered manager may dispute this by making written representations within 28 days of service of the NOP (see section 18 of the Care Standards Act 2000) .

Appeals can be made to the First-tier Tribunal (Care Standards) by registered providers and registered managers where Ofsted has upheld a NOP and has issued a Notice of Decision (NOD). The registered provider or registered manager will have 28 days from the date the NOD was served to appeal.

Due to the strict time scales imposed within Ofsted notices, it is paramount for registered providers and registered managers to seek legal advice at their first opportunity should they receive a NOP/NOD. Lawyers can then carry out a legal and evidential review of the case and put in place an appropriate strategy and case plan.

 

How can we help?

Our Health and Social Care team, led by Neil Grant, can assist registered providers and registered managers faced with Ofsted enforcement action. If you require assistance, please contact us on 01483 451 900 or sols@gordonsols.co.uk to discuss with a member of our team.

 

About the Author

Grace

Grace Newlands

Trainee Solicitor