Ofsted commence inspections of supported accommodation providers

This follows the introduction of the Supported Accommodation (England) Regulations 2023 (SAE Regulations), which largely came into force on 28 April 2023. Looked after children and care leavers are often some of the most vulnerable young people in society, yet the provision of supported accommodation for them has previously been unregulated. Guidance on the SAE Regulations issued by the Department for Education states: "It is imperative that all supported accommodation settings are safe places where children are protected from harm and where their individual needs are met".

The SAE Regulations set out minimum standards with which supported accommodation providers must comply and against which they will be inspected. Inspections are taking place under the Social Care Common Inspection Framework. It is the 'registered provider', being the 'organisation, partnership or individual' registered under Part 2 of the Care Standards Act 2000, who ultimately has responsibility for complying with the SAE Regulations. The SAE Regulations contain four 'quality standards':

• The leadership and management standard, which requires the registered person to create and lead a culture in relation to the supported accommodation that puts children first and prioritises their wellbeing and development. This includes requirements to ensure that the accommodation is sufficiently staffed and that safer recruitment practices are in place.
• The protection standard, which requires the registered person to ensure that children are protected from harm, are enabled to keep themselves safe and have their individual needs met.
• The accommodation standard, which requires that that children are provided with a comfortable and secure living environment.
• The support standard, which requires that children receive individual and tailored support that meets their needs.

Contact between staff working in supported accommodation and vulnerable children is a clear risk area. A set of prescriptive requirements around the recruitment, management and supervision of staff have therefore been introduced by the SAE Regulations. These include a requirement on providers to carry out a range of background checks on staff, agency staff and volunteers before they can start work. This includes an enhanced Disclosure and Barring Service check, with Childrens' or Adults' Barred List information, where relevant to the person. The purpose of the checks is to require providers to obtain sufficient background information about a person in order to make informed decisions about whether they are suitable to work with children. Similar standards were introduced in the education sector in 2003 and have been developed ever since.  

The SAE Regulations state that 'staff' includes those who are employed (including under a contract for services) or who are allowed to work as a volunteer 'by the undertaking for the purposes of the provision of supported accommodation'. Who this catches will vary between providers and may be influenced by the nature of the work undertaken and, in the case of an organisation, its structure and who has been registered under Part 2 of the Care Standards Act 2000. Accordingly, providers will need to give careful thought to which staff are caught by these requirements.

Some providers may already be equipped to comply with the staffing requirements. However, this will be the first time that recruitment processes are subject to inspection. We also know from our experience in the education sector that it can be difficult for employers to understand what the minimum requirements are and how to meet them. Providers should therefore review their current recruitment and staffing arrangements to establish whether they are currently meeting, or will be able to meet, the minimum standards contained in the SAE Regulations, and should seek advice at an early stage if needed. Whilst this may be an unwelcome burden for some providers it must be balanced against the overriding need to safeguard and promote the welfare of the children and young people for whom this valuable service is provided. 

For more information please contact Richard Hewitt in our Employment team 0117 314 5320, or complete the form below.