There are nearly 7000 young people living in unregulated settings in the UK. For older looked-after children and care leavers, aged 16 and 17 years old, it is recognised that living in a setting where they have more independence, such as in supported accommodation, may be the best option. However, concerns have been raised that young people are not being provided high-quality accommodation and support, which is needed to develop their independence in preparation for adult life and leaving the care system.

Following the recent consultation on this area, from October 2023, all providers of accommodation for children in care, or care leavers up to the age of 18, will be regulated by Ofsted. Providers can start registering with Ofsted from April 2023 with mandatory registration beginning in October 2023.  

The Government’s consultation response (here) and the associated guidance (here) sets out key features of the incoming Ofsted regulatory regime. The new regime is centred around mandatory national standards (termed Quality Standards) which will be applied and enforced through a system of Ofsted-led registrations and inspections. The Quality Standards set out the standards that providers must meet for young people and are divided into four strands: the leadership and management standard, protection standard, accommodation standard, and support standard. The scheme also provides enforcement powers to Ofsted and creates offences, including the offence of failing to register with Ofsted.   

Further, providers will be required to complete a review of the support they are offering young people every six months. This must include the views and experiences of young people living in the accommodation. The reviews will be submitted to Ofsted, who will complete inspections at least every 3 years.

Ofsted will begin pilot inspections with specially trained staff later this year to develop their approach and guidance ahead of inspections beginning nationally from April 2024.

The new regime will be similar to that experienced by existing registered providers, such as organisations operating children’s homes and childminding services. In that respect, there will be risks attached where registered providers do not meet their legal and regulatory obligations.

The changes will affect many organisations which provide support to young people, including care and housing providers. Providers who offer supported accommodation to 16- and 17- year olds will need to carefully review the guidance to identify whether they fall within the scope of the new regulations. If so, they will need to make arrangements to register with Ofsted when applications open, ensure they are in a position to comply with the Quality Standards and prepare for the new inspection regime.

For more information and advice about the scope of the new regulations, please contact the Anthony Collins regulatory team.