Guidance

Responsibilities of providers and managers in Ofsted-registered supported accommodation

Published 4 April 2023

Applies to England

The registered provider of a supported accommodation service must continue to meet the conditions of registration placed on the supported accommodation service by the Care Standards Act 2000 and the Supported Accommodation (England) Regulations 2023. This includes telling Ofsted in writing about certain events and changes or applying to make changes where necessary.

Providers must continue to demonstrate their suitability to be a social care provider or registered service manager throughout their registration and pay an annual fee.

We monitor the provider’s continued compliance through:

• inspection under the social care common inspection framework (SSCIF)
• other visits, for example to follow up any concerns we receive about the supported accommodation service
• repeating or doing additional checks, such as DBS checks, if we receive information that brings the provider’s fitness into question
• evaluating the information that the provider gives us

Due to the exceptionally high number of applications, it is taking us longer than usual to process new submissions. If you are applying to register, it is likely to be several months before you receive a decision.

To help avoid further delays, please ensure that you provide all required information both at the time of application and throughout the process.

What registered providers must tell Ofsted

Providers must tell Ofsted about certain information, to meet regulatory requirements and as part of our regulatory oversight. Some changes need Ofsted approval before they can be made.  

Reporting serious incidents

Providers must notify us of serious incidents, as set out in the Supported Accommodation (England) Regulations 2023.

See our guidance on reporting serious incidents in a supported accommodation service.

Reports under regulation 32

The registered person should undertake a quality of support review every 6 months. This report should be sent within 28 days of completion to Ofsted and the accommodating authorities of all children in the supported accommodation service.

Reports must be emailed to enquiries@ofsted.gov.uk. Providers must include in the email title Ofsted’s unique reference number (URN) and the date on which the visit occurred.

The report must take account of:

• the quality of support provided by the service
• the experiences of children living in each of the accommodations
• the impact of the support on improvements and outcomes for children

Registered providers do not need to review every part of the quality standards in every report. They should use their professional judgement to decide which areas to focus on.

Changes to any premises used to accommodate children

Providers must use the Report changes to your social care service (SC3) form to tell us:

• if the premises stop being used to provide supported accommodation, within 10 working days after the registered person becomes aware
• the address, categories and number of children being accommodated when new premises are added to the service, as soon as reasonably practicable
• if any premises have been added or re-opened from the original registration application, within 72 hours of children being accommodated for the first time

This includes any hosted accommodation in a private residence such as supported lodgings.

People leaving or joining the provider

Providers must use the Report changes to your social care service (SC3) form to tell us about a change of:

• nominated individual
• registered service manager
• partner in a partnership
• an individual provider, if there is more than one individual
• a director

We can only accept the SC3 form from people who are registered with us and are associated with the supported accommodation service.

Service managers, nominated individuals, partners and individual providers joining a supported accommodation service will need to complete an Apply to be associated with a children’s social care service (SC2) form as soon as it is practicable to do so.   

Registered service managers leaving the supported accommodation service must apply to voluntarily cancel their registration. We can take steps to cancel a service manager’s registration if they do not apply to voluntarily cancel their registration.

You can find out more in the social care enforcement policy.

Nominated individuals    

Providers must use the SC3 form to tell us that a nominated individual is leaving and to inform us about the new nominated individual. 

When we are advised of a change of nominated individual we will:

• send a new registration certificate with the nominated individual’s name removed
• ask the provider how they assessed the capacity and suitability of the new nominated individual
• ask for details of checks they undertook in relation to that person’s suitability

The provider must respond to our requests for information within 10 working days. If we do not receive the response within 10 working days, we will hold a case review to decide whether to take further action.

A proposed nominated individual must complete an SC2 form. Once we receive the SC2 form, we will do checks and usually interview the applicant. If the applicant is suitable, we will issue the provider with a registration certificate that includes the new nominated individual’s name.

Directors 

Providers must use the SC3 form to tell us when a director leaves or a new director joins.  

If they tell us about a new director, we will review this information. We may contact the director or discuss it at the next inspection. Ofsted will check how the provider has made sure that the new director meets the regulatory requirements.

We may ask for evidence as part of this process. If the provider fails to provide it, inspectors will take this into account when making inspection judgements.

If a registered provider applies to register a new supported accommodation service, any directors who have not previously completed a SC2 form must do so as part of the new application. Directors of supported accommodation services do not require a DBS certificate unless they intend to be the nominated individual.

Partners 

If a partner is leaving or joining, they must tell us so using the SC3 form.

A new partner must complete an SC2 form. Once we receive the SC2 form, we will do checks and interviews. If the new partner is suitable, we will register them. 

Individual providers 

If the provider is a group of individuals and one of those individuals leaves or joins, they must let Ofsted know through the SC3 form. 

If the individual leaving is a sole provider, they must apply to voluntarily cancel their registration. If they are leaving and selling the supported accommodation service, or another company is taking it over, the individual provider will still need to apply to cancel their registration.

Failure to do so may result in enforcement action. We will consider cancelling the sole individual provider if they do not apply to voluntarily cancel their registration.

Officers of the organisation

Providers must use the SC3 form to tell us about changes to any officer of the organisation. This includes a director, company secretary, clerk, trustee, treasurer or a similar officer.

Registered service manager  

Providers must use the SC3 form to tell us when a registered service manager permanently leaves or a new manager joins.

We cannot use the information in the SC3 form to cancel the service manager’s registration if they are leaving. Service managers must apply to voluntarily cancel their registration by completing a Social care: apply to cancel registration as a provider or manager form.

We can take steps to cancel a manager’s registration if they do not apply to voluntarily cancel their registration. We will not accept any further applications to register with any other establishment or agency until we receive and respond to a voluntary cancellation request.

Find out more in the social care enforcement policy.

Overseeing a service manager vacancy

We expect providers to take all reasonable steps to find a new service manager who is fit and suitable to be registered as quickly as possible, including: 

• making sure the position is advertised with a clear closing date
• making sure that interview dates are set
• updating and posting a job specification with the job advertisement
• appointing an interim service manager

If there is a delay in proposing a new service manager, providers must email sc.suppacc@ofsted.gov.uk and explain the reasons for the delay. They must also set out how the supported accommodation service will be managed in the interim period.  This includes an interim service manager being appointed. 

Interim service managers 

An interim service manager should be in place for a short period. We will continue to assess whether the arrangements are effective. This includes reviewing information we hold and receive, such as notifications. 

Providers must make sure that the interim service manager maintains the systems that protect and promote children’s safety and welfare. Providers must also regularly monitor the interim service manager’s performance, to make sure they are effective. 

We will monitor any supported accommodation services that do not have a registered service manager. If we are concerned about an interim service manager’s ability to manage the supported accommodation service, we may carry out a monitoring visit or ask them to apply for registration so that we can assess their suitability. If the lack of a registered service manager has a negative impact on the children, or disrupts the service, this will affect any inspection judgements.

If the interim service manager is expected to be in the role for 90 days or more, they must complete an SC2 form to apply to be associated with the supported accommodation service and register. If we do not receive an SC2 form within 90 days of the interim arrangements starting, we may take enforcement action. 

New service managers 

The provider must tell us when they appoint a new service manager. The proposed new service manager will need to complete an SC2 form and pay a registration fee. We will assess their suitability and fitness to manage a supported accommodation service. If they meet the regulatory requirements for the role, we will register them. 

Temporary absence of service managers

The provider must use the SC3 form to tell us if their registered service manager will be away for 28 days or more.

They must give us at least 28 days’ notice of this absence. If the absence is due to an emergency, providers must notify us within one week of the absence starting.

The SC3 form asks how this absence will be covered and the details of the temporary service manager. The temporary service manager will be called the ‘interim service manager’. 

Changes to the criminal status of any person associated with the registration

Changes to the criminal status of any person associated with the registration must be reported by that person without delay.

Details should be emailed to sc.suppacc@ofsted.gov.uk and must include the following:

• the date and place of the conviction
• the offence
• the penalty imposed for the offence

Changes to the provider’s financial situation

The registered provider must email Ofsted at sc.suppacc@ofsted.gov.uk as soon as possible if:

• a liquidator or a provisional liquidator, a manager or a receiver is appointed
• a trustee in bankruptcy is appointed
• a composition or arrangement with any creditors is made

Changes to the statement of purpose 

A supported accommodation service provider must keep under review and, where appropriate revise, the statement of purpose that accurately describes the service provided at any given time.

It is a breach of the regulations to operate the service in a way that is not consistent with the statement of purpose.

If the statement of purpose changes, providers must let us know and send us a copy of the revised statement to enquiries@ofsted.gov.uk. They must do this within 28 days of making the change. 

Administrative changes

The provider should email sc.suppacc@ofsted.gov.uk if:

• anyone associated with the registration changes their legal name
• an organisation changes its name, but the details at Companies House stay the same
• the provider’s address or principal officer address changes
• the contact details of the nominated individual or named contact change

Changes that require Ofsted approval 

Certain changes require providers to apply to Ofsted for approval before they can be made. Providers must apply to Ofsted to:

• remove or change conditions of their registration
• close their registration

Conditions of registration

Following registration, the provider must monitor whether the conditions in place continue to adequately reflect the supported accommodation service statement of purpose. At inspection, inspectors take this into account. Their findings will form part of their judgement about the home’s leadership and management.

Applying to vary a registration to include a new category of supported accommodation

Providers who want to provide a new category of supported accommodation must apply to vary their conditions of registration.

To do this, providers must:

• email sc.suppacc@ofsted.gov.uk with a brief summary of the changes
• complete the form that we send
• pay a fee, if applicable

An inspector may contact the provider to discuss the variation once we have received the form and the fee.

Providers must be able to show that they have considered the impact of the proposed changes. For example, they must show that they have sufficient staff and appropriate accommodation to provide a different category of accommodation.

An inspector will recommend whether to grant or refuse the variation, based on the evidence they have gathered. An inspector may make a visit before a decision is made. We will write to the provider with our final decision.

If we refuse the variation, the provider has the right to make written representations and appeal against our decision. Read the relevant sections in the social care enforcement policy for further information.

A provider cannot accommodate children under a different category of registration until we have agreed the application to vary and they have received their new certificate.

Closing a supported accommodation service

Providers must apply to voluntarily cancel their registration with Ofsted if they no longer wish to carry on a supported accommodation service. Applications should be made in writing at least 3 months before the date on which the cancellation needs to take effect.

Providers must include the following information in their application:

• reasons for applying to cancel the registration
• the proposed date on which the supported accommodation service is to be cancelled
• if the proposed date is in less than 3 months, the reasons for this
• a report about whether the centre has ceased to be financially viable, or is likely to cease to be financially viable within the next 12 months
• arrangements for providing similar accommodation or services after the proposed cancellation date
• arrangements for keeping records safe and stored securely after the cancellation date
• notice or information they have given to the following people and organisations:
  • the children who use the service
  • representatives of people who use the service including placing authorities
  • the local authority in the area where the service operates
• circumstances preventing them from giving people notice and information to cancel (if applicable)
• any other information or any documents that Ofsted may reasonably require

Applications to cancel a registered provider must be signed by someone who makes up the registered provider.

Applications to cancel the registration of a service manager must be signed by the service manager who is applying to cancel their registration.

We cannot process forms that are not signed by the correct persons. Any application without the appropriate signatures will need to be resubmitted.

When we receive your application, we will call the provider to confirm the information. We may ask for further information.

We cannot process a provider’s application for cancellation unless we receive all the required information. If they do not provide the required information, this may delay the processing of the application and result in revising the proposed cancellation date.

If a provider has not applied to voluntarily cancel their registration, they cannot:

• sell the registered supported accommodation service
• cease operating permanently

In some situations, we may refuse the application to cancel. Find out more in the ‘Cancellation of registration’ section of the social care enforcement policy.

Records

When a supported accommodation service is going to close or to stop operating, the registered provider must transfer children’s case records to the relevant local authority for each child.

Changes of legal entity

A change of legal entity will require a re-registration of the supported accommodation service. Providers will need to complete a new Register a children’s social care service (SC1) form for each service they run.

Examples of a change in legal entity include: 

• an individual provider registers their business as a company with Companies House
• an organisation becomes a partnership
• a company changes its company number

People with a role of responsibility in the supported accommodation service will need to complete an SC2 form. A registration fee will be required for each service. This is because a new legal entity needs new registration.

Taking over an existing supported accommodation service (including buying a franchise) 

Providers buying, acquiring or taking over a supported accommodation service will need (in most cases) to register the service and become the new provider. They may not need to register if the provider is taking over a company and running it under its existing name. 

If you are buying a franchise, the new provider must register the supported accommodation service, in most cases. This will depend on the specifics of the franchise agreement, for example if there is any change in legal entities they must apply to register.

As the new provider of this supported accommodation service: 

• the applicant cannot take on responsibility for the centre before Ofsted confirms registration
• the applicant must provide an action plan on how they will meet uncompleted statutory requirements (if applicable)

The seller must write to Ofsted to voluntarily cancel their registration. Until we have approved this, the seller remains responsible for the supported accommodation service.

If continuity of care for children is an issue, the seller cannot voluntarily cancel their registration until the new registration takes effect (according to the date on the certificate).

We may not need to carry out a full assessment of the premises or the service manager. This will depend on the individual circumstances and the amount of information we hold.

If a provider is selling their supported accommodation service, or a new company or owner is taking it over, the provider must apply to voluntarily cancel their registration at the same time as the new owner completes the registration process. The provider selling their agency must complete an SC3 form to inform us of their intention to sell. We can then coordinate the continuing registration of the service during and after the sale.    

Taking over multiple supported accommodation services

When buying, acquiring or taking over multiple supported accommodation services, providers should sc.suppacc@ofsted.gov.uk to establish what they need to do.

Acquiring a company and running it under the existing company name

If a provider is acquiring a company that already runs a registered supported accommodation service, they may not need to register the service again.

If the supported accommodation service is run under the original company name and number, then the provider does not need to re-register the company. Instead, they just need to tell us about any changes to the staff in that home so we can complete our suitability checks as necessary.