From November 2013, any non-statutory provider of children’s social work services, such as those to support looked-after children, will have to meet standards for staff and premises set down by regulators.
Earlier this year, the government proposed to remove planned requirements under the Children’s and Young Persons Act 2008 for businesses, voluntary and not-for-profit organisations providing children’s services on behalf of local authorities to register with Ofsted.
The registration requirement for these "delegated providers" was set to come in at the end of this year once a five-year pilot period to test contracting arrangements ended. Rather than set up a registration system for delegated providers, the government wanted to amend the regulations to rescind the requirement.
But objections made by the House of Lords Delegated Powers and Regulatory Reform Committee prompted the government to rethink its approach, instead reluctantly agreeing to push ahead with a registration regime of delegated providers regulated by the children’s services inspectorate.
Under draft regulations published by the Department for Education yesterday, independent sector providers, their staff and premises will have to be approved by Ofsted before being able to carry out social work services for English councils.
Local authorities looking to contract out children’s social work functions under the 2008 act will also only be able to select from providers that Ofsted has approved.
For councils piloting the delegation powers, transitional arrangements will be put in place to give them time to prepare for the change, the government says. In these areas, independent sector providers are able to decide how best to use money and shape services to meet the needs of looked-after children.
The move reflects the government’s determination to expand the number of providers that can deliver social work services.
The draft regulations say: “Although the government maintains the view that a registration regime is unnecessary in light of local authorities’ obligations to impose appropriate contractual arrangements, and Ofsted’s ability to hold them to account for these, it is mindful of the Lords committee's differing view and of a sunset provision contained in the act which means that the legislation can no longer have effect if it is not brought into force by November 2013."
A consultation on the draft regulations is open until 9 October.
