Question to the Department for Education:

To ask Her Majesty's Government what steps they are taking (1) to address the issue of vulnerable children in public care being placed in unregistered accommodation, (2) to ensure that such facilities fulfil their responsibilities to the children placed in their care, and (3) to prevent these children being exposed to (a) sexual exploitation, and (b) recruitment to County Lines gangs.

The government is clear that children in care and care leavers deserve places to live that meet their needs and keep them safe, and local authorities have statutory duties to ensure this. It is unacceptable for any child to be placed in a setting that does not do this, for any amount of time.

The government has consulted on reforms to the use of unregulated independent and semi-independent provision. This includes banning the placement of children under the age of 16 being placed in these settings. Children of this age need care and should be placed in a children’s home or foster care. We are clear that independent and semi-independent provision can be the right option for older children, if it is high quality and meets their needs. We are, however, concerned that provision is not always as good as it should be, which is why we have consulted on new national standards regarding provision for 16 and 17 year olds.

If an unregistered children’s home – a setting that should be registered with Ofsted as a children’s home but is not – is operating, it is doing so illegally, and Ofsted has powers to prosecute these providers. We have consulted on giving Ofsted additional powers to take earlier enforcement action against illegal unregistered providers.

We will be responding to this consultation, and setting out our plans for next steps in due course.

Local authorities have statutory duties to ensure that care placements are made with consideration of the needs and risks of individual children. This extends to the use of unregulated provision. Local authorities must carry out checks on this provision to ensure that it meets the needs of children and keeps them safe. We are also aware that, due to capacity issues, some local authorities have found it difficult to locate suitable placements for children with the most complex needs. As my right hon. Friend, the Chancellor of the Exchequer, announced on 25 November 2020, the government will provide £24 million in 2021-22 to start a new programme to maintain capacity and expand provision in secure children’s homes. This will provide high-quality, safe homes for some of our most vulnerable children and will mean children can live closer to their families and support networks, in settings that meet their needs.

The multi-agency statutory guidance Working Together to Safeguard Children (2018) makes explicit the legal requirements and expectations on individuals, agencies and organisations to safeguard and promote the welfare of children. It sets out that, as well as threats from within their families, children may be vulnerable to abuse or exploitation from outside their families. Assessments of children in such cases, who are referred to local authority children’s social care, should consider whether wider environmental factors are present in a child’s life, and are a threat to their safety. This should be considered when determining what support and accommodation should be provided. The guidance specifically highlights the risks to children of child sexual exploitation, and from exploitation by criminal gangs such as county lines.