Unregulated service vs Unregistered service.

We are regularly asked about Unregistered and Unregulated provisions and how they differ. Many people are not sure of the meaning and differences of the 2.

Unregulated provision is when children (usually over the age of 16) need support to live independently rather than needing full time care. This type of provision is allowed by law. Regulatory authority, Ofsted does not regulate this type of provision. Unregulated provisions are used as a stepping stone to independence. Such a provision is only used when it has been assessed to be in the child’s best interest. For example, some children might choose not to want to live with foster parents or stay in a residential children’s home. Unregulated provisions may also apply to some unaccompanied children seeking asylum. These provisions are not always suitable for every child’s situation. Each situation must be assessed on its own merit.

There are also a small number of settings used to accommodate children in care which are not required to be registered by Ofsted, where the accommodation is not fixed or is of a temporary nature and is for leisure, cultural or educational activities

Provision for children in care that is not required to register with Ofsted (unregulated provision) includes:

• Accommodation for children (usually over the age of 16) who need support to live independently rather than full-time care. This comprises:

o ‘Independent living’ (such as in a flat, lodgings, bedsit, bed and breakfast accommodation, or with friends) with or without formal support;

 o ‘Semi-independent living accommodation’ (such as hostels, foyers, YMCAs, lodgings, flats and bedsits) which is not subject to the children’s homes regulations but supervisory staff or advice workers are specifically employed and available to provide advice and support to the residents (although they do not have to live on the premises).

• Temporary care and accommodation for children in mobile settings or lettings arrangements e.g. boats, holiday cottages and static caravans. Ofsted report that this exemption is for leisure, cultural or educational activities and is about the purpose/intent of a placement.

Unregistered provision is where a child lives where there is some form of ‘care’ and that provision is not registered with Ofsted. This is illegal. Once a service provides a care element as well as accommodation, that service must register as a children’s home. Anyone operating such a provision without registering with Ofsted will be committing a crime and may be prosecuted.

If a provider meets the definition of care and accommodation in the Care Standards Act but does not register with Ofsted, then they are operating illegally and are open to prosecution (unregistered provision).

It is common for Ofsted to visit unregistered provision to ascertain that the providers do not inadvertently cross the line and end up providing a service that needs registration.  Ofsted often review the decisions made by Local Authorities regarding monitoring of unregistered provisions.  

What does ‘care’ mean?

There is no legal definition of ‘care’.  Care refers to a child’s vulnerability and the level of help that they need in order to have acceptable quality of life. So, any child who needs care and is in a provision, that provision should by law register with Ofsted. The level of supervision also determines the extend of care. If a child is under constant supervision in order to be safe and secure, that can be classified as a requirement that fall under care.

The length the child is being provided with care and accommodation does not matter. If a provision provides care and accommodation, it has to register with Ofsted. Use of mobile or non-static settings or short term settings still need to register with Ofsted.

Supported Living and regulation by Ofsted:

Supported living is the most common type of unregulated provision. This is where children are accommodated, then receive visits as part of their support to move towards independence.  Supported Living is not regulated by Ofsted. Supported Living of this nature is regulated by the Local Authorities.  Local Authorities act as “corporate parents”. Local Authority regulate Supported Living for children to make sure the provisions are safe, secure and suitable for children to live there. “Corporate parents” would be expected to make good decisions for the children just like any parent would do.   Supported Living provisions for children are expected to provide high quality environment and support for the children so that they have chances to develop their potential just like any other child would in a similar homely environment. The provisions must deliver services that promote choice and independence at an affordable cost to the Local Authorities. The provisions must act as a “stepping stone” from care to independence so that they build resilience to integrate into the community as they grow older.   

What drives the need for unregulated or unregistered

In recent years, the use of unregulated and unregistered provision for looked after children (LAC) and care leavers has increased but the drivers for this increase are not fully understood. Moreover, concerns have been raised about the quality of the care, support and safeguarding offered by some of the providers and the decisions being made by local authorities (LAs) in placing children in these settings.

Several Local Authorities use existing providers with bespoke packages designed to cater for young people with multiple issues (such as mental health issues, history of assaulting staff, fire setting and self-harm more often in the context of placement breakdown.  Some Local Authorities place children in unregulated provisions as a short term measure while suitable registered provisions are being located or young person’s needs assessment being carried out.

Sometimes use of unregulated provision is driven more by crisis and shortage of suitable placement in a locality. Shortage of suitable residential placements for children with complex needs is sometimes caused providers who are not keen to take complex and challenging children who will present safeguarding challenges that may affect their Ofsted ratings if they fail to secure positive outcomes for them.  

According to research conducted by Professor David Greatbatch and Sue Tate in their research report in – Use of unregulated and unregistered provision for children in care (Feb 2020), as at 31 March 2019, eight per cent (6,180) of looked after children were reported as having been placed in unregulated settings, with 4 per cent (3,400) living independently and 4 per cent (2,790) residing in semi-independent accommodation.