Here at Gordons Partnership Solicitors, we regularly assist applicants for registration as providers and managers when they have received a Notice of Proposal or Notice of Decision to refuse registration from Ofsted. Following on from my colleague Poppy Jackson’s article Ofsted: Children’s home registrations there have been several key themes that we have observed that might be of assistance to anyone looking to put in an application for registration of a new service or if they have received a notice from Ofsted.
Requirement to have a Manager
We often see refusals of Manager applications for registration arriving hand in hand with refusals of provider applications to register a service. The risks of a refusal of registration to individual managers can be significant as a refusal of a manager’s application would lead to them being disqualified from working in Children’s Homes without Ofsted approval. It would also prevent the individual from privately fostering a child and could have serious implications for the future livelihood of that individual. It is clear that Ofsted will be unable to register a service without a Registered Manager being appointed. Recent case law highlights that any provider appeal of an Ofsted decision to refuse registration of a children’s home will inevitably fail without an appointed manager as required under Regulation 27 of the Children’s Homes (England) Regulations 2015. This often has serious implications for prospective providers wishing to challenge a decision to refuse registration.
Safe recruitment
We have seen several cases recently where alleged failings in respect of Safer Recruitment have been used to justify a refusal of registration of a service. For children’s homes, the relevant provision is Regulation 32 of the Children’s Homes (England) Regulations 2015 which states “The registered person must recruit staff using recruitment procedures that are designed to ensure children’s safety”. The Supported Accommodation Regulations 2023 have similar provisions within The Leadership and Management Standard at Regulation 4 (2) which says “implement recruitment practices that ensure staff are suitable to work with children and to keep them safe from harm”.
There is clear guidance available for prospective providers which can be found here and it is imperative that you are able to evidence that these recruitment processes are being followed properly in order to achieve registration with Ofsted.
Appreciation of the statutory framework
Recently, whenever we have seen issues raised about the fitness of a manager to be registered with Ofsted, we have noticed that a lack of appreciation of the relevant statutory framework and the regulations has been a common theme. It not sufficient simply to know where to find the regulations, the proposed manager must be intimately acquainted with them and be ready to answer questions in the interview with the inspector.
The Social Care Common Inspection Frameworks were updated on 4 April 2025 and can be found here. It will be important for prospective managers to keep abreast of any changes, particularly as it is likely they will be asked about them at their fit person interview with Ofsted . The most recent updates focus on how to improve stability for children, particularly those with high needs, how placement decisions
reflect the home’s statement of purpose and balance the needs of the child with those children already living in the service and how providers work with partner agencies to manage risks. The guidance from Ofsted can be found here.
Planning Permission
Ofsted inspectors are trained to ensure that the appropriate planning permissions are in place prior to registration of a service. For a children’s home, they will be looking for C2 planning permission, a certificate of lawfulness or a letter from the council confirming that neither is required. We have seen numerous examples in recent months where this has been crucial in order to open a service. Providers should ensure that this is ready prior to registration.
Conclusion
We appreciate that when looking at putting in an application for registration of a new service there are lots of considerations for prospective providers and it is an extremely costly undertaking. The areas highlighted above are commonly found in notices to refuse registration and it would be helpful for applicants to consider these concerns at the outset.
At Gordons Partnership Solicitors, we are experienced in assisting applicants for registration with Ofsted on refusals of registration whether at the notice of proposal stage or at the notice of decision stage.
Please do not hesitate to contact us at Gordons Partnership on 01483 451900 or via sols@gordonsols.co.uk for a no-obligation initial conversation about who may be able to assist you on the legal aspects of your registration journey.
About the Author
Associate
Tel: 01483 451 900
Email: Lucy@gordonsols.co.uk