Question to the Department for Education:

To ask the Secretary of State for Education, what safeguards are in place to ensure people who (a) own, (b) manage and (c) work in private children's homes are properly qualified.

Providers of children’s homes must register with Ofsted and prove that they are financially, mentally, and physically fit to carry on a children’s home, and that they are of integrity and good character. These requirements are set out in Regulation 26 of the Children's Homes (England) Regulations 2015.

Managers of children’s homes are required to register with Ofsted. They are required to hold a Level 5 Diploma in Leadership and Management for Residential Childcare (England) and to have at least two years’ experience working in children’s residential care, as per Regulation 28 of the Children's Homes (England) Regulations 2015. They must also pass a fit and proper persons interview with Ofsted to demonstrate they have the required knowledge and skills to manage the home.

Non-managerial staff in children's homes must hold Level 3 Diploma for Residential Childcare (England) or an equivalent qualification, as per Regulation 32 of the Children's Homes (England) Regulations 2015. It is the responsibility of the registered manager to verify that their staff hold, or are working towards, this qualification. Providers have a responsibility to ensure that their staff are trained to meet the needs of the children they care for.

Providers and anyone working in regulated activity in a children’s home must undergo an enhanced DBS check, including the barred list.

Ofsted aim to inspect children’s homes at least once per year. When a home is judged to be inadequate or require improvement to be good, Ofsted usually conduct a second, assurance visit within the same inspection period.

The policy paper ‘Keeping children safe, helping families thrive’ details the department’s ambition to introduce a provider oversight scheme to increase Ofsted’s existing powers to ensure provider groups are held responsible for the quality of the children’s homes that they own through the Children’s Wellbeing and Schools Bill.

This will give Ofsted the power to issue fines for breaches of the Care Standards Act 2000, including to unregistered providers, and enable them to hold provider groups to account for quality issues in the provision of care. The Bill will also protect 16 and 17-year-olds from ill-treatment or wilful neglect by making low-level abuse of these young people in children’s social care settings a prosecutable offence. The Bill will also introduce a financial oversight scheme to increase financial and corporate transparency of children’s social care providers in order to allow for assessment of financial risk and advance warning of risks to providers’ financial sustainability.