Recently we have had a number of supported accommodation providers that have required our services. Ofsted’s start to regulating these services has been challenging for all involved and it is apparent that there is a need for greater communication between commissioners, providers and Ofsted.

Navigating the Tribunal appeal process

At Gordons Partnership Solicitors, we were absolutely delighted for one of our clients who last week finally achieved registration after instructing us upon receiving a Notice of Decision to refuse their registration back in September 2024. We supported the client to navigate the Tribunal appeal process,  putting in a strong appeal. Ofsted decided not to contest the appeal and instead, the application was returned to the registration team who worked constructively with our client to ensure policies and procedures met their expectations.  Registration was then granted.

One of the key takeaways we found from this case was the difference of opinion between the commissioner and Ofsted as to the young people who would be suitable for supported accommodation.  A key concern is the vague definition of the difference between ‘care’ and ‘support’. Providers are often caught in the middle of these debates.

Providers – take note of the blogs issued by Ofsted

We would urge providers to take note of the blogs issued by Ofsted. Yvette Stanley’s blog dated 22 August 2024 seeks to make Ofsted’s expectations clear. It should be noted that this is found in a blog post, not explicitly within the regulations or guidance but it is indicative of the approach Ofsted are taking and will help inform providers. Whether supported accommodation is appropriate for an individual should be considered on a case by case basis. If Ofsted challenge the suitability of a placement, even though it is supported by a commissioner, , we can help providers to navigate a constructive way forwards with Ofsted. The earlier we get involved, the easier it is to assist.

Responding to a Notice of Proposal

For example, we assisted another service that was subject to a suspension of their supported accommodation service and a notice of proposal to cancel their registration.  They genuinely believed that supported accommodation was the right setting for the individuals they supported and were able to demonstrate good outcomes and contractual evidence to support the placements. We were delighted that the client was able to persuade Ofsted by taking an evidence based, methodical approach to lift the suspension swiftly upon review and to not contest the appeal of the cancellation decision to the Tribunal. We supported the client throughout the process, including at the verbal representations stage when responding to the Notice of Proposal to cancel their registration.

Both services are now trading successfully, having overcome the regulatory difficulties they were faced with.

Please do not hesitate to contact us at Gordons Partnership on 01483 451 900 if you think we might be able to assist you with any queries you might have.

 

About the Author

Lucy Bowker

Lucy Bowker

Associate

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Lucy is a regulatory lawyer acting for health and social care providers within the firm’s Health and Social Care Department. Clients include care homes for adults, domiciliary care agencies, children’s homes, nurseries, childminders, Pre-schools and independent hospitals.