Agenda item

The Children, Adults, Health and Wellbeing Policy Development and Scrutiny Panel have asked for report on the use of unregulated placements within B&NES. 

The Commissioning Manager introduced this report to the Panel and highlighted some key points from within it.

Not all settings in which ‘looked after’ children live are subject to regulation. To understand what constitutes an unregulated setting it is useful to understand what a regulated residential setting is.  The Care Standards Act 2000 defines a regulated residential children’s home as an establishment that provides ‘care and accommodation’ ‘wholly or mainly’ for children.  The only other form of regulated setting in addition to children’s homes are foster placements.

Therefore, an unregulated setting provides accommodation and support but not care.  The law does not set out what care is, but there are some simple rules to apply.  Administering medication, cooking for young people and shopping for them will constitute care.  Whereas assisting young people to learn these skills will constitute support. If a provider crosses the line and provides care on an ongoing basis, the accommodation will become an unregistered children’s home and will be illegal. Unregulated supported ‘living’ accommodation comes in all sort of shapes and sizes and are places where young people (usually 16 and 17-year-olds) can live and receive support as part of transition to full independence.

Parliament has currently determined that some services should sit outside that regulatory framework. As from the 12th February 2020 OFTED are undertaking an open consultation regarding ‘Unregulated provision for children in care and care leavers.

Five years ago the Council was contacted by a service provider in Bristol.

In B&NES we currently have 3 young people placed in unregulated placements, all of whom are between the ages of 16-18 years and have an allocated social worker.  This number can sometimes change daily, depending on the needs of children within the service.  Historical data shows; March 2019 – 6, June 2019 – 8, and December 2019 – 3. 

It is important to note that our aspiration in B&NES is that no child will be placed in an unregulated placement.  However, at times these placements are a necessity due to the young person’s needs and specific circumstances, i.e. risks presented and their wishes and feelings.

It is recognised that some of our most vulnerable and high-risk young people in B&NES are sometimes best supported in this type of provision.  These decisions are not taken lightly, and agreement must always be sought from Head of Service, with Agency Decision Maker sign off.

The Placements, Commissioning and Contracts Team (PCCT) have a preferred provider list for 16+ accommodation and support providers that has been tendered through a dynamic purchasing system, in partnership with three other local authorities.  All providers have been checked in terms of policies, finances and quality, and references have taken.  In all there are 33 providers who have qualified to be on the list. From the list B&NES tend to purchase services from less than four of the providers with whom we have built up a trusting relationship.

Councillor Jess David asked what steps are being taken to attempt to have the placements regulated.

The Commissioning Manager replied that he had pursued this issue with Ofsted on many occasions and that a review was about to take place.

The Corporate Director added that a debate was ongoing nationally.

The Panel RESOLVED to note the report which detailed the current approach to placements and included those which are unregulated across B&NES.