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2. Confusion often arises when defining the differences between unregistered and unregulated
provisions. For those who are interested in becoming part of the care world, it is essential to
understand the terminology. With the correct knowledge and guidance, you may avoid breaking
the law and risking the safety of those you are responsible for.
The Differences
Unregulated provision is a legal alternative to full-time care, where the child (typically over the
age of 16) needs continued support as opposed to round-the-clock supervision. Ofsted doesn't
regulate this type of provision. This is an appealing choice for some if there have been previous
struggles with foster parents/children's homes and for some unaccompanied asylum-seeking
children. However, unregulated provision should be a stepping-stone to independence and only a
viable option if taken in the child's best interests.
3. The unregistered provision means providing accommodation for children that is not registered by
Ofsted. As soon as you (the provider) provide a care element and accommodations, it is a legal
requirement to register as a children's home. Failure to do this is considered an offense.
'Care' by Definition
To define care, you have to consider multiple factors such as the level of support needed, the
vulnerability of the child's state and the length in which one receives care. Also, their age
contributes to what can be considered 'care' as a service. Without a formal judicial definition in
writing, there are myths about what validates care in a legal context. For example, a common
falsehood is that registration is unnecessary if you provide care for only 28 days. In reality, it
doesn't matter how long accommodation is provided for. If you provided care and
accommodation, you must register with Ofsted.
4.
5. Supported Living
Supported living is accommodation where a child receives support through regular visits as they
move towards becoming fully independent. It's the most common unregulated provision not
regulated by Ofsted.
Responsibility is instead handed to local authorities as 'corporate parents' to ensure placements
are safe and suitable for the child receiving care. Though exceptions exist to the rule, concern is
rising over some supported living providers failing to provide a beneficial experience for children
under their supervision.
This concern has led to multiple requests for Ofsted to regulate supported living services.
Regulation could help local authorities ensure high-quality care and good decision-making, but
are there other safeguards we could utilise to achieve this? The first step needs to focus on these
authorities, providing a plan in place to adequately assess the safety and suitability of all
accommodations.
6. However, this change requires careful preparation and consideration of the potential impact.
Unintended consequences must be considered; without this crucial preparation, the choice of
accommodation and capacity may be temporarily reduced, and costs of services could increase
when budgets are already stretched.
Therefore, for this regulation change to occur and, more importantly, be effective, it must be
initiated by the government. If the government decides to regulate services after deliberating the
choices and consequences, how should this differ from children's homes regulation?
As stipulated, not all supported living providers provide poor service. There are multiple
exceptions. Many providers offer excellent support, equipping children under their care with the
daily guidance and support that makes a positive difference. With better regulation, supported
living services have the potential of being a perfect stepping-stone from care to independence;
this ideal can become reality.
7. Unregistered Provision
Though unregistered provision is an issue nationwide, it's more prominent in specific areas. A
reason for this could be the varying price of property across the country. Why are providers failing
to register? Is it financially beneficial for them to remain unregistered? Local authorities aren't
saving money. Cost isn't a factor in why providers fail to register.
It is common for supported living providers to unknowingly cross the line and provide care that
needs to be registered with Ofsted. This can happen in crisis responses, when a placement is
required quickly or temporarily, or when providers are unaware of the boundary lines when
extending services to meet demand.
Unintentionally or otherwise, not all providers are registering. This leaves the potential for some of
the most vulnerable children with complex needs to live in places unsuitable for their needs. Local
authorities need a better system to recognise unregistered providers so that the best decision
about where to place those who need care is always made.
8. Part of the issue is to do with capacity. The secure estate and specialist mental health services
need more provisions. In some areas, the insufficient quality provision means many children live
further away from home than necessary. It is having a significant impact on options for children
and the decisions made for them. The same issue is also apparent in supported living
accommodation.
Regulatory procedures in place currently reflect the market of previous decades. In a changing
market with more prominent providers, processes must adapt to the times to remain effective. An
organisation needs the resources to oversee the whole market, similar to how the Care Quality
Commission (CQC) operates in the adult care world. An example is CQC's specific role in ensuring
the larger providers are financially stable and fit for purpose.
9. Underlying Questions
Regulatory inspections of suspected unregistered providers are being carried out in all regions by
Ofsted. During these inspections, providers are questioned to assess whether the service needs to
apply or stop operations.
Ofsted also looks at how local authorities choose accommodation for children under their care
and how they base their decisions. Careful thought is going into how best to use regulatory
powers by Ofsted, including the ability to prosecute providers who persistently avoid registration.
The underlying question is, why do some people avoid registration? If you have the best
intentions for the child you care for, what is there to fear? To local authorities, every child you are
responsible for deserves the suitable conditions needed for their situation. How can you
guarantee that every child under your care receives the proper care? Until this is a certainty, the
question must remain.
10. Starting a supported living service is a great way to help people who need extra support with
their day-to-day lives. Supported living services can provide assistance with housekeeping,
cooking and laundry, shopping assistance, medication reminders, personal care assistance and
more. If you’re thinking of starting a supported living service or want to improve an existing one,
this guide will help you along the way. To know more about supported living business plan UK,
visit our website now.