Registering a residential children’s home with Ofsted

If you want to run a children’s home in England, you must be registered with Ofsted. Operating without registration is a criminal offence, so it’s essential to apply and be accepted before you begin.

There are many steps, processes and documents a proposed provider must complete to show Ofsted they are fit to run a children’s home and can meet, and continue to meet, the relevant regulations.

At present, there’s typically a long wait between applying and being granted registration. While Ofsted will prioritise applications where there’s an urgent need – for example, an emergency placement for a named child or provision required to meet an identified urgent local sufficiency need – Ofsted notes that, due to an exceptionally high volume of new applications, it’s likely to take a minimum of six to 18 months to reach a decision.

Therefore, it’s important to get your application right the first time. Ofsted can reject an application, or send it back a stage, if it doesn’t contain the right information. So, what’s the process for applying to become registered with Ofsted?

What is a children’s home?

The first question is whether a provider will be running a children’s home in the first place.

The definition of a children’s home is set out in the Care Standards Act 2000 as an establishment that “provides care and accommodation wholly or mainly for children.” Children are defined as those under the age of 18.

While an establishment can care for people over the age of 18, they can’t be in the majority. If they are, the home stops being a children’s home and should instead be registered as a care home with the CQC.

This is something providers should be mindful of post-registration, particularly when considering the number of children and young people in a home and when residents approach their 18th birthday. Providers may find they are carrying on regulated activities illegally and could face prosecution from the CQC.

Types of providers

A registered provider can take many forms. It can be an organisation, a traditional partnership (LLPs fall under the organisation category) or individuals can be registered.

For the purposes of this article, we focus on the journey of an organisation – in particular, a company.

Who does Ofsted want to know about?

Ofsted requires information about:

• The organisation: the provider and the entity legally accountable for ensuring the home meets the required standards
• The registered manager: the person who manages the home day to day and is also legally accountable for ensuring the home meets the required standards
• The responsible individual: where the provider is an organisation, this person oversees the management of the home, acts as a go-between for the home and the board and is the designated contact point with Ofsted.

Registration stages

Stage one: application

An SC1 form must be completed, providing information about the provider and the proposed service.

The proposed registered manager and responsible individual must complete an SC2 form. Any director of the provider – including those who perform the functions of, or similar to, a director, regardless of job title – who is involved in managing or carrying on the home must also complete an SC2 form. Ofsted guidance notes that being ‘involved’ in a home includes finance and HR directors.

The registered manager and responsible individual must demonstrate that they are fit to undertake their roles and have the necessary skills. While Ofsted doesn’t register the responsible individual, they will usually interview them as part of the registration application. After registration, providers are required to notify Ofsted of any change.

A number of documents must be supplied with the application, both for the provider and for individuals. This is an extensive list and includes substantive policies, so careful thought should be given to their content before submitting them to Ofsted.

Stage two: information gathering

Once Ofsted has accepted the application, it will carry out certain checks. This includes contacting the local authority’s children’s services department to identify any information that might affect a person’s suitability to provide care and have regular contact with children.

Ofsted will also make reference requests and request health checks, where required.

Stage three: determining suitability

Ofsted will carry out a registration visit and interview key individuals. This will include the manager and the responsible individual and may include directors of the organisation.

Following this, Ofsted will issue either a notice of decision granting registration or a notice of proposal to refuse registration, or to propose conditions of registration. These will be issued to both the provider and the manager.

If Ofsted proposes to refuse a registration, this can have serious consequences for those involved. In an organisational application, if the manager is refused registration, they will be disqualified from fostering a child privately. This in turn disqualifies them from running or managing a children’s home, having a financial interest in one or working at a children’s home without Ofsted’s written consent.

Ofsted guidance notes that, where it refuses an application from an organisation, the directors will not be disqualified. This differs from the position where Ofsted subsequently cancels a children’s home registration. However, while this guidance is helpful, the wording of the legislation on disqualification is, in our view, not entirely clear, and this position may be open to challenge.

Even where directors aren’t disqualified following a refusal to register an organisation, the refusal will be disclosable in any future application to Ofsted or another regulator, such as the CQC, and could have a negative impact. Legal advice should be sought if a notice of proposal to refuse is issued, so tailored advice can be given.

Conclusion

As noted at the outset, registration can involve a long wait and delays may be extended further if an application is incorrect or doesn’t contain the right paperwork.

To put their best foot forward, providers should ensure they have the resources to prepare a comprehensive application and to keep the proposed provision inspection ready. This process can be all-consuming, so providers should also consider how they will keep key staff, such as managers, engaged and upskilled while applications are pending, to avoid further delays caused by staff turnover.