What Ofsted restriction notices mean for children’s homes

Ofsted has the authority to prevent children’s residential homes from admitting new children or young people by issuing a Restriction of Accommodation Notice (“Notice”).

This action is taken when Ofsted believes that further admissions could pose a risk of harm to a child, young person or adult.

How restriction notices affect children’s residential homes

The Notice takes effect immediately upon being served and prevents a children’s home from accepting any new placements, while allowing existing children and young people to remain at the home.

These Notices are issued under section 22B of the Care Standards Act 2000 (“Act”) and are typically for time-limited periods, often 12 weeks, but can be subject to extensions by Ofsted.   After the initial period, Ofsted can decide to take steps to cancel a provider’s registration, rather than restrict accommodation for a further period. It will also consider whether a registration ought to be cancelled during the restriction period if something causes concern – perhaps a new issue comes to light.

Ofsted notifies every local authority in England and Wales when a Notice is placed on a provider’s registration, which can cause reputational issues not only for the home concerned, but also for the provider’s wider portfolio.

Although existing children and young people can remain in the home, a Notice often prompts local authorities to reassess existing placements and sometimes remove children, creating financial strain for the home. It’s important for providers to manage relationships with commissioners carefully during this time.

It is an offence to breach a Restriction of Accommodation Notice. Providers must not accept new placements while the Notice is in effect.

Responding quickly and effectively

Notices are usually put in place to allow time for concerns to be addressed, so providers should take immediate steps to understand and resolve the concerns raised.

If a provider disagrees with the Notice, they can appeal to the First-Tier (Care Standards) Tribunal. Providers have 28 days from the date the Notice is served (which can be quite technical under the Act) to submit an appeal.

Due to the nature of the enforcement action, appeals are subject to an expedited process and the matter will usually be heard within a matter of weeks, rather than the usual months that can occur with other types of enforcement action. Once an appeal is submitted, court proceedings are initiated and parties will have to provide witness statements and evidence, so it’s important that providers are well prepared.

With such an appeal, the Tribunal must consider the current position of the home and the facts at the date it makes its decision.

It’s also important to note that Ofsted must keep Notices under review so, if circumstances change within the period of restriction, it can “lift” the Notice. A dual approach of demonstrating improvements to Ofsted while preparing an appeal is often effective.

Notices can create reputational, financial and commercial challenges for providers. If served a Notice, providers should carefully review it, assess Ofsted’s concerns and decide whether an appeal is the right course of action.

Legal advice can help clarify the case and identify what evidence might be needed to challenge a Notice. Providers should act promptly to determine what action they should take and what the wider implications might be for the home moving forward.

Ofsted will always refer to past enforcement action should it decide to take further action later down the line, so it’s important for providers to formally dispute any action they don’t agree with.

HCR Law is well placed to assist providers facing Restriction of Accommodation Notices in children’s residential homes.