20. Agencies where there is no registered manager
What must happen where there is no registered manager.
The Care Standards Act 2000 requires any person who carries on or manages an adoption support agency to be registered with Ofsted. It is a criminal offence to operate or manage an adoption support agency without registering with Ofsted (Section 11 of the Care Standards Act 2000).
Regulations 26 and 27 of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations (2005) require the provider to notify Ofsted if the manager is to be absent for 28 days or more, or if they leave. Providers must do this at least one month before a known absence of the manager and, in an emergency, within 1 week of a registered manager being absent for 28 days.
Any failure to notify Ofsted of the absence or change of a manager, or failure to put in place satisfactory management arrangements, will be taken into account when planning and undertaking inspections. For more information, see: Changes to children’s social care services that are registered and/or inspector by Ofsted (2015).
Actions may include, but are not limited to, bringing the date of the inspection forward, and using this information in our judgement about the leadership and management of the agency. If a provider fails to notify Ofsted of a change of manager, this may also influence our assessment of their fitness to manage.
For more information about what regulatory action Ofsted can take, please refer to Ofsted’s Social care compliance handbook (2015).