Unregulated and Unregistered Placements

Unregulated provision is allowed in law.

It may be appropriate for a young person over the age of 16 years to be placed within an unregulated provision and supported to live independently. These young people will only require support and not full time care. These types of placements are often referred to as ‘semi-independent’ or ‘supported accommodation’.

It is unlawful to place a child under the age of 16 years within an unregulated provision. This ban came into force in September 2021. Further guidance regarding national minimum standards for the provision, and a proposed inspection regime, is anticipated late Autumn 2022.

Please refer to the table at the end of this document, produced by Ofsted, which helps you identify whether a service falls into the category of a children’s home or ‘supported accommodation’.

Unregistered provision is not allowed by law.

A provision is classed as unregistered where a child is being provided with some form of care, within a setting that is not registered with Ofsted. If a provider is delivering care, they are required to registered with Ofsted. It is an offence not to do so.

Note: There are certain types of arrangements that may not require registration. This may be applicable where accommodation is temporary, for the purpose of a holiday for example. Examples of other arrangements that do not require registration include:

• A provider has a registered children’s home and operates an outreach service at different premises. This is provided solely for the children living in the children’s home. The premises used for the outreach service do not require a separate registration. This is because the children have a permanent bed in the children’s home. They stay in the outreach premises for a fixed amount of time for focused work, for example to help move to independence or to work though specific issues;
• A provider owns a number of establishments, all of which apart from one are registered as children’s homes. The unregistered establishment is used solely for holiday accommodation for children. If the provider then chooses to use the holiday accommodation for care and accommodation other than a holiday, this establishment may require registration;
• A local authority is providing care and accommodation for refugees and asylum seekers. The primary purpose of this is to assess their ages to determine what service the child/adult is entitled to. This will ensure that adults posing as children are not placed with children, and so registration is not required.

Any doubt should be escalated with the Placement Service.

Appendix 1: Unregistered Placement Management Process

Appendix 2: Supported Accommodation and Care Guide to Differences