BASW England Statement on Department for Education’s consultation on regulating ‘supported accommodation’ for 16-and-17-year-olds

BASW England has responded to a consultation carried out by the Department for Education, which sought views on proposed quality standards for unregulated accommodation for children in care aged 16-17.

The Department for Education is spending over £140 million on introducing these care-less standards, which do not even entitle children to day-to-day care where they live.

It comes after secondary legislation was introduced in September 2021, which banned the use of unregulated settings for children aged 15 and under – despite calls from the sector to introduce a blanket ban, which would avoid the creation of a two-tier system arbitrarily depriving children of their right to care from their 16th birthday.

BASW is of the view that the needs of children in unregulated settings are best served by the children’s homes statutory framework, not by the proposed regulations which fall short of what is acceptable, safe, and in the best interests of children.

Children (not, as is erroneously stated in the proposals, care leavers) aged 16 and 17 deserve the same level of care regardless of where they are placed. Not, as is suggested here, inferior standards which fail to meet their holistic needs.

There are currently over 7,000 children aged 16 and 17 living in unregulated accommodation, in settings ranging from adult bedsits, to shared rooms with strangers, to caravans and even narrow boats.

The harms encountered by children in these settings are well documented.  29 children aged 16 and 17 years old died in these settings past 5 years due to inadequate measures to keep them safe. Children in these settings are more likely to face serious harm, including child sexual, criminal and financial abuse, poverty, missing episodes, substance misuse, poor mental health, reduced access to education and social mobility, and other forms too numerous to name here.

Children living in such settings are denied the protection they would receive in regulated placements such as children’s homes, whereby providers are required to meet nine quality standards set out by OFSTED.

Amongst the most concerning proposals were the following:

  • DBS checks should only be required ‘where eligible’ for those delivering any part of the supported accommodation provision
  • The proposed regulation does not require managers of such accommodation to have any particular qualification or experience. The requirements are vague and could be widely interpreted
  • The draft regulation removes the need to meet the emotional needs of children – a shocking omission, and one which would be deemed neglectful in any other setting.
  • Mobile/non-permanent settings such as caravans, barges and boats are not ruled out, despite repeated calls from the sector given the unique risks faced to children in these settings

In addition, crucial safeguards have been removed, including:

  • Regulation 44 independent person
  • Prohibited measures in Regulation 19
  • The notification of abuse, sexual exploitation and other serious events to Ofsted in Regulation 40.

BASW sees these proposals for what they are – institutional neglect under the pretence of so-called ‘independence’. We are concerned that should these proposals be given the green light, omission of care will become normalised practice leading to adultification, the erosion of childhood and an even earlier cliff edge of care.

We are further concerned that by going ahead with these proposals, the government will fail marginalised groups, already subject to racist systems, even further. As it stands, over half of looked after children living in unregulated accommodation are from black, Asian and minority ethnic communities, 40% were unaccompanied asylum-seeking children (compared to 6% of children in care overall).

The government is aware that such settings are highly profitable for private providers, and, in the absence of stringent requirements, they could soon monopolise the market – leaving local authorities at the mercy of inadequate, yet unaffordable provision. This could lead to a saturation of unregulated settings within the market, leading to a lack of stable and caring homes which could genuinely meet the needs of vulnerable children.

BASW will continue to support calls to #KeepCaringto18 until every child receives the same quality of care wherever they live.