New rules intended to make children's homes safer and reduce the unnecessary use of out-of-area care placements are coming into force this month in response to a series of high-profile child sexual exploitation cases in recent years.
The fresh regulations follow two consultations on the proposals conducted last summer. But while many of the changes will go ahead as planned, others have been subject to amendment after concerns were raised about how they would be implemented.
CYP Now looks at how the amendments will impact local authorities, children's homes and other local agencies.
Placement approval
It was initially proposed that when a child was placed "at distance", the decision to place the child should ultimately be approved by the director of children's services (DCS) at the placing authority.
However, concerns were raised that the requirement would put too great a burden on the DCS and potentially lead to delays in the placement process. As a result, the government has now said the DCS will not be required to personally appraise the plan for every child who might be placed at a distance. Instead, the amended regulations will require that each DCS must ensure "robust processes are in place for challenge and scrutiny".
Andrew Webb, president of the Association of Directors of Children's Services (ADCS), says the original proposals that implied DCSs get involved in out-of-area placement assessments were "unworkable" and "poor professional practice".
Prevention plans
It was also proposed that rather than the current requirement for homes simply having policies for when children go missing, they should be required to draw up measures to prevent children going missing in the first place, with that policy being agreed by the local police service. But during the consultation, private care home providers expressed doubt that it would always be possible to engage with local police forces. Providers were also anxious that Ofsted could hold them responsible for a lack of engagement even where the police were unwilling or unable to respond despite homes' best efforts.
Following discussions with police, the government now says it would be "unrealistic" to prescribe a standard approach to relations between children's homes and police at a local level. As a result, the updated Children's Homes Regulations will indicate that the home must "ascertain the views of local services" and "where practicable", take them into account.
Monthly monitoring
The Children's Commissioner for England's Inquiry into Child Sexual Exploitation in Gangs and Groups called for existing monthly monitoring visits to children's homes to be strengthened by amending regulations so that children's homes must appoint an independent monitor and have their arrangements approved by the local authority.
The government accepted the recommendation and proposed the changes, but potential issues flagged up during the consultation have led to the idea being watered down.
Children's homes' providers raised concerns that local authorities may not give the task "sufficient priority", while local authorities themselves, and the ADCS, were concerned about the possible burden on councils.
Indeed, councils in areas with high concentrations of children's homes argued that they would have to develop a new infrastructure to carry out the function.
The government has subsequently backtracked, stating that children's homes will still be required to ensure those monitoring them are "independent", but their arrangements will not have to be approved by the local authority.
New home assessments
Plans to risk assess proposed new children's homes to make sure young people are safe from criminals and abusers have been delayed until April, after the consultation raised questions about how the assessments will work.
Under the proposals, new homes could be blocked in areas deemed to be unsafe. Providers expressed their frustration about the difficulties they currently encounter where they attempt to open a new children's home in a "good" area - and the challenges they often received from the planning processes and community objections.
Staff training
As part of changes to qualification requirements, it was proposed that, from 2018, registered managers would have to possess the relevant management qualification prior to being eligible for appointment.
However, this proposal has been shelved after it was pointed out that the current training framework for managers has a large "on the job" assessment, meaning that the required qualification can only be achieved once a candidate's competence in post has been assessed.
The government has said it will revisit the proposal once a review of the training and qualifications framework is under way.
AT-A-GLANCE GUIDE TO CHILDREN'S HOME REFORMS
- Full inspection reports of homes will be published along with details of who owns the home unless that risks identifying the children
- Existing homes in unsafe areas will face closure if they cannot demonstrate that they can protect children
- Residential care workers will be required to meet a minimum-level qualification
- Homes will also be required to inform local authorities when moving children in and out of "distance placements"
- "Distance placements" will be defined as when a child is not placed in the home authority or an authority bordering the home authority
