A failure to register is a criminal offence and Ofsted have powers to investigate and prosecute organisations who are suspected of carrying on without registration.
The distinction between establishments who provide ‘care and accommodation’ and those who just provide ‘accommodation’ mean they fall into one of two categories: regulated and unregulated.
Establishments can, at present, legally provide an ‘unregulated’ type of provision and are not required to register with Ofsted, but there are often a number of grey areas that make it difficult to establish whether a provision should be registered and whether they are operating illegally. This grey area normally comes down to whether an organisation is deemed as solely providing ‘supported accommodation’, or whether the service they provide could also be classed as ‘care’, which would require them to register.
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