Ofsted to focus on impact of children’s social care exemptions as local authority visits resume

The inspectorate will also focus on how councils are encouraging attendance at school among pupils and preventing disadvantaged children “slipping through the net” as England eases out of lockdown.

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New guidance published by Ofsted for both local authorities and children’s social care providers inspected and regulated by the body lays out timeframes, key areas of focus and appeals information for the visits which will be ungraded until full inspections resume between January and April 2021.

Inspectors are set to question providers over the use of social care exemptions introduced in April via The Adoption and Children (Coronavirus) (Amendment) Regulations 2020.

The amendments to legislation relating to vulnerable children removed and relaxed around 60 safeguards and protections surrounding issues including foster care and adoption and the standards of care and education in children’s homes.

The changes divided opinion across the sector leading to an unsuccessful judicial review led by children’s rights campaigners Article 39 calling for the amendments to be revoked.

The new guidance for local authorities states: “Inspectors will want to understand how any of the changes to regulation set out in The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 have impacted on the experiences of children and families. This will include looking at management oversight.”

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Separate guidance aimed at children’s social care providers including children’s homes, secure children’s homes and independent fostering agencies adds that inspectors will ensure “decisions to divert from usual practice during the Covid-19 outbreak are made in the best interests of individual children and are appropriately overseen by senior leaders and managers”.

It also says checks will be made to ensure “the ‘flexibilities’ permitted by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 or by any subsequent changes to regulations have only been used when absolutely necessary, and the rationale for these decisions is recorded effectively”.

The guidance comes amid a public consultation over the extension of certain elements of the amendments.

The same criteria will also be used during assurance visits to secure training centres to monitor the use and impact of equally controversial changes made to legislation through the Secure Training Centre (Coronavirus) (Amendment) Rules 2020 which allows children to be kept in cells for as many as 22 hours per day.

Other criteria assessed at all settings will include the experiences of children and how local authorities and providers have made the decisions for children in the context of the pandemic. 

“For local authorities, that includes how they have joined up schools and social care services while schools were closed, to stop vulnerable pupils from slipping through the net,” guidance states.

Inspectors will also question senior management teams on work being done to encourage children back to school in September.

Ofsted will not provide a formal judgment following visits but letters sent to providers and local authorities detailing examples of good practice and areas for improvements will be published by the inspectorate.

However, the body will still be able to use powers of enforcement if serious concerns arise, guidance states.

Full inspections of local authorities will not resume until January 2021 at the earliest, while routine inspections of social care providers, such as children’s homes, are on hold until April 2021.

Yvette Stanley, Ofsted’s national director for regulation and social care, said: “The normal lines of sight to our most vulnerable children haven’t been in place in recent months. It’s vital that we get back into local authorities and other social care providers to look at how children are being cared for and protected.

“We are acutely aware of the pressure children’s social care is facing in the wake of Covid-19. This is not about judging, but offering reassurance to children, families, and those commissioning services. We also want to highlight the excellent work local authorities and providers are doing to make sure children get the help, protection and care they deserve in very difficult circumstances.”