Over the summer, we have seen Ofsted issuing numerous refusals of provider applications to register Children’s Homes or Supported Accommodation services.
Yvette Stanley, Ofsted’s national director for social care, provided some useful context about the backlog of registrations back in June 2025. She explained that Ofsted are receiving the highest ever number of applications to register children’s homes at the moment.
The number of applications received in the past year is almost double the number of applications received the year before. At the same time, the supported accommodation backlog of registrations is still ongoing since Ofsted began regulating the sector back in 2023. She has highlighted the importance of ensuring that applications are tied tightly to local need for the service. There are some areas of the country where there is more provision than required and many areas where there are gaps.
Since her blog at the end of June 2025, we have assisted many social care providers to navigate refusals of registration and have provided commercial advice about how best to proceed. In doing so, we have seen several key themes emerging.
Fitness of Manager
It is imperative for providers to ensure that any proposed Manager they are putting forward to take on the role of Registered Manager is suitable for the role. This has been a common concern that we have seen repeatedly. It leads to a notice of proposal to refuse the registration of the provider and a separate notice of proposal issued to the manager to refuse their registration individually.
The requirements for Supported Accommodation services and Children’s Homes are slightly different and it is worth repeating the requirements here in order to emphasise the importance of getting it right.
Regulation 12 of the Supported Accommodation (England) Regulations 2023
The regulations require the Manager to have ‘integrity’ and to be of ‘good character’.
Ofsted also will consider the following areas when assessing whether the individual has the appropriate skills to manage the supported accommodation undertaking properly.
- Number of premises to be used in the supported accommodation undertaking
- The geographical distance between them
- The statement of purpose
- Number of children supported
- Category or categories of supported accommodation applied for.
In addition, any Registered Manager must have worked for a period of at least two years in a position relevant to residential support of children or adults within the last five years before the day on which the application to register is received. It is this requirement that we have seen often trip providers up.
Additionally, the proposed Registered Manager must be mentally and physically fit to manage the supported accommodation undertaking and must meet the safer recruitment requirements as set out in Schedule 1 of the Supported Accommodation (England) Regulations 2023.
Regulation 28 of The Children’s Homes (England) Regulations 2015
The Children’s Homes regulations also require the proposed Manager to have ‘integrity’ and be of ‘good character’.
Ofsted will consider the size of the home, the statement of purpose, the number of children and their requirements and whether the person is physically and mentally fit to carry on the role. They must also comply with the safer recruitment requirements set out under Schedule 2 of The Children’s Homes (England) Regulations 2015.
The regulations specify whether the candidate has appropriate experience.
- They must within the last five years have worked for at least two years in a position relevant to the residential care of children.
- They must have worked for at least one year in a position requiring the supervision and management of staff working in a care role
- By the relevant date attained a Level 5 diploma in Leadership and Management for Residential Childcare (England) or an equivalent qualification. If commencing after 1 April 2014, the relevant date is 3 years from the date on which the person started managing the home.
The regulations are clear about the requirements and we have observed several cases this summer where the specific requirements have not been met and we have advised the proposed manager to withdraw their application at the Notice of Proposal to refuse stage in order to avoid disqualification.
It is important to note the distinctions between Supported Accommodation and Children’s Homes. The requirements are understandably even more stringent for Children’s homes. If these requirements are not met, Ofsted will not be able to register the proposed manager and therefore will be unable to register the service as a whole.
In accordance with Regulation 14 of The Supported Accommodation (England) Regulations 2023 and Regulation 27 of The Children’s Homes (England) Regulations 2015, the registered provider must appoint an individual to manage the service. Without a manager, the service will not be able to be registered. This was highlighted in the tribunal case of Joanne Tracey & Libra Children Services Ltd v Ofsted [2025]. This matter was in reference to a Children’s Home provider. The decision confirms that “the provider appeal inevitably fails because there is no registered manager appointed as required under regulation 27”.
Statements of Purpose
Regulation 9 of the Supported Accommodation (England) Regulations 2023 sets out the requirements for a supported accommodation undertaking’s statement of purpose clearly. It should be used as a checklist to ensure that all of the relevant information is contained in the statement of purpose. If there is any information missing, this is likely to be identified by Ofsted and could be used as a reason to refuse registration of a service.
Regulation 16 and Schedule 1 of The Children’s Homes (England) Regulations 2015 set out the requirements for a children’s home’s statement of purpose. Like Regulation 9 of the Supported Accommodation (England) Regulations 2023, Schedule 1 can be used as a checklist to ensure that the key information is included as prescribed by the regulations.
This is often cited in notices of proposals to refuse registration and can be easily rectified with some careful attention to detail prior to submitting the application to Ofsted.
Location Risk Assessments
The Accommodation Standard at Regulation 9 of The Supported Accommodation (England) Regulations and regulation 46 of The Children’s Home (England) Regulations 2015 set out the requirements for a location risk assessment at least once in each calendar year taking into account the views of each relevant person.
This has often been a pitfall for applicants. They often have a location risk assessment document in place but do not always evidence how they have contacted relevant local stakeholders and then considered their responses appropriately.
Often no response is received and it is not followed up on. It is essential for prospective providers to ensure that this is in place prior to submitting their applications and to ensure that requests for views are followed up on appropriately and documented. Then once responses are received, they need to be properly risk assessed.
Conclusion
Each case turns on its own facts and evidence and we have seen a wide range of reasons why Ofsted have issued notices of proposal to refuse registrations.
We have seen recently that Ofsted have paid particular attention to the suitability of the proposed registered manager, the statements of purpose and the location risk assessments. These have been common themes over the recent notices of proposal to refuse registration we have assisted with.
At Gordons Partnership we are experienced at helping providers if they have received a notice of proposal to refuse registration of their service. We undertake a legal and evidential review and advise clients on how best to navigate the situation.
Please do not hesitate to contact us for an initial discussion to see if we may be able to assist on 01483 451 900 or email us at sols@gordonsols.co.uk. Our team would be happy to help.
About the Author
Associate
Tel: 01483 451 900
Email: Lucy@gordonsols.co.uk