LEGAL & FINANCE A Timely Reminder


Following the publication of Ofsted’s Annual Report, Kella Bowers, a Partner and Head of Social Care at Forbes Solicitors, looks at why now is the time for providers of young people’s supported accommodation to review their own policies and procedures.


REPORT FOLLOWS NEW REGULATIONS


The Annual Report of His Majesty’s Chief Inspector of Education,


Children’s Services and Skills 2022/23


was published on 23 November 2023, and seems even more pertinent this year for a larger number of children’s care providers. New regulations were introduced in April 2023 for providers of supported accommodation, with a 28 October deadline for any providers who accommodate children in care or care leavers aged 16 or 17, to register with Ofsted.


Inspections by Ofsted of the newly registered providers will begin in April 2024, and although criteria is to be announced, supported accommodation providers may want to draw on key points from the Annual Report and consider these alongside the new regulations. Taking this approach could be used to carry out self-inspections that prepare for future requirements made by Ofsted, while also better protecting the interests of providers.


EFFECTIVE LEADERSHIP AND STAFFING


Ofsted’s Report includes a section on regulated social care and notes that 3,120 full inspections of children’s homes were carried out in the past year, with 2,410 resulting in one or more requirements for improvements. The two most common reasons for requirements were leadership and management, and protection of children.


Leadership inadequacies were also highlighted during first full inspections of 410 children’s homes. 7% were judged inadequate, with key reasons for the ratings including failures by leadership to oversee and monitor homes to make sure that they are developing and delivering high-quality, safe care for children.


Themes of leadership and staffing inadequacies and requirements are occurring against a backdrop of workforce recruitment and retention challenges throughout the care sector. This is acknowledged earlier in the Annual Report, and it seems reasonable to expect that future Ofsted inspections will pay particular focus to human resources within newly registered providers of supported accommodation.


The importance of staffing, including the ‘fitness and employment of staff’ is specifically covered in the new regulations. Part of this involves staff training and qualifications, as well as planning staffing to meet the needs of young people, with flexibility to respond to unexpected events or opportunities.


Providers of supported accommodation may be best placed reviewing processes for planning staffing, with consideration


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given to any patterns in staff turnover and levels of care provision including any shortfalls, disruptions and placement breakdowns.


It could also be beneficial for self-inspections to look at leadership practices. A leadership and management standard is outlined in the new regulations and is prescriptive in terms of responsibilities. Given the leadership inadequacies and requirements noted in the Annual Report, senior personnel could plausibly come under increasing scrutiny during future inspections, especially in terms of decision making that affect a child’s arrangements, entitlements and safeguarding. Providers may need to ensure they have policies, processes and record keeping in place that support and evidence day-to- day undertakings.


“Leadership inadequacies


were highlighted during first full inspections of


410 children’s homes.” EFFECTIVE CHILD PROTECTION


The protection of children is a fundamental aspect of the new regulations, with key principles for supported accommodation emphasising the need for children to feel safe and secure where they live. Principles also require children to receive high-quality, tailored support that sustains their health and wellbeing, and to live in comfortable, well-maintained and stable accommodation.


Future Ofsted inspections could conceivably evaluate child protection in a broader context, which extends beyond physical living conditions. The new regulations are designed to help children transition to independent living and to empower them to influence this. Providers may need to show how children are being respected, heard and advocated for.


Understanding the regulatory reform for supported accommodation and embracing standards now, could better prepare providers for Ofsted inspections, enhance care standards and protect against possible claims for failures to act first in a child’s interests.


www.forbessolicitors.co.uk www.tomorrowscare.co.uk


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