Guidance

Changes to children's social care: guidance for registered providers

Updated 26 April 2022

Applies to England

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This publication is available at https://www.gov.uk/government/publications/changes-to-childrens-social-care-services-that-are-registered-andor-inspected-by-ofsted/changes-to-childrens-social-care-registered-providers

Introduction

As a registered provider of children’s social care, you must continue to meet any relevant regulations and conditions of registration placed on you by the Care Standards Act 2000 and associated regulations.

This includes telling Ofsted in writing about certain events and changes, or applying to make changes where necessary.

As a registered provider, you may have to pay a fee. See variation fees and registration fees for more details.

There are also a number of changes that Ofsted can make to your registration. For more information, please see the social care enforcement policy.

See a list of service-specific social care regulations for more information.

Changes you need to tell us about

You must tell us if:

If you’re an individual provider, you must tell us if you become bankrupt or make an arrangement with your creditors.

If you’re an organisation, you must tell us if the company goes into liquidation or receivership.

If you’re a children’s home or residential family centre, you need to tell us if:

  • you alter your premises significantly
  • you close your home or centre and do not intend to accommodate any children or families for some time

When you need to apply for a change

You must apply to us using the relevant forms if you want to:

Contact us

You can get in touch at:

Changes to individuals

You must notify Ofsted using the SC3 form as soon as possible when anyone who makes up the registered person changes, for example:

  • the manager
  • the responsible individual
  • any officer of the organisation (for example, a director, company secretary, clerk, trustee, treasurer or a similar officer)
  • a new partner
  • sole owners who are also the manager

New managers (apart from managers of voluntary adoption agencies), partners or responsible individuals must also apply to register using the SC2 form.

Managers

If your service has no manager

You should take all reasonable steps to appoint a new manager as soon as possible. If there is any delay, you must tell us immediately, setting out the reasons why. ‘Taking reasonable steps’ means that the following actions are carried out as soon as possible:

  • there is an updated job specification
  • the position is advertised with a clear closing date
  • interview dates are set

You must also set out how the home is being suitably managed in the interim period.

You must notify us if a registered manager will be, or has been, absent for more than 28 days. You must do this at least one month before a known absence. If the absence is due to an emergency, you must notify us within one week of the start of the absence. If you do not do this, we may raise a requirement or take enforcement action.

We monitor any service that does not have a registered manager (this includes when there is a manager but they are not registered).

If there is no registered manager and this affects children’s outcomes negatively, this will affect any inspection judgements. Please see the social care common inspection framework for more information. We have also set out when we accept interim management arrangements.

For more information about what regulatory action we can take, see the social care enforcement policy.

Interim management arrangements

We expect you to have a plan for what you will do if your registered manager is absent for more than 28 days. You should put interim management arrangements in place:

  • while appointing a new manager
  • if the registered manager is away for a short period of time and a suitably experienced person temporarily takes on their role and responsibilities (sometimes known as ‘acting up’)

The person in charge of an establishment or agency for an interim period without registration is known as the interim manager. We expect you to ensure that interim managers fully protect and promote children’s safety and welfare. You should also regularly monitor that the interim manager is effective.

Interim managers should be in place for the shortest time possible. We will continue to assess whether the arrangements are effective based on the information we hold and receive, including from notifications, monthly monitoring reports and quality assurance assessments. If we are concerned about an interim manager’s ability to manage the establishment or agency, we may carry out an inspection or require them to apply for registration, so that we can fully assess their suitability.

Registering an interim manager

If an interim manager is appointed as the permanent manager, they must apply to register as soon as possible.

If the interim manager is expected to be in day-to-day charge for more than 90 days, they must apply to register. If we do not receive their application within 90 days of when the interim arrangements began, we will consider enforcement action. We will also take this into account in our evaluation of the effectiveness of leaders and managers at the next inspection.

Appointing a new manager

You must tell us in writing when you appoint a new manager. The manager is responsible for applying to register with us as soon as possible. You should support the manager with their application. See our guidance for new managers for more information.

Responsible individuals

The ‘responsible individual’ is the person who represents their organisation. You must have a responsible individual in post at all times. If there is an emergency, you should appoint a responsible individual as soon as possible.

Unlike a registered manager, a responsible individual is not registered by Ofsted. However, they are connected to the registration.

We expect you to tell Ofsted before the responsible individual changes, if possible. If you do not do this as soon as possible, you have breached regulations or committed an offence and we may take action (for example, we may issue a statutory requirement notice).

Checks on responsible individuals

You must ensure that the responsible individual you appoint can meet the requirements of regulation, including all suitability checks. Ofsted’s inspectors will review the steps that you have taken to check their suitability. See more information about the requirements for a responsible individual’s skills and knowledge.

Once we know about a change in responsible individual, we will send you a certificate with the new person’s name. We will also send a letter to ask what checks you have done to ensure that they are suitable for the role. You must respond within 10 working days. If we do not receive the information within 10 working days, we will hold a case review to decide whether further action is required.

Once we have received your response, an inspector decides whether to interview the responsible individual.

For further information about case reviews or our procedures if we have any concerns, please see the social care enforcement policy.

Directors of children’s homes

If there is a change of children’s home director after registration, you must notify Ofsted.

At your next inspection, inspectors will review how you have made sure that the new director is suitable to work with children and fit for registration. You must provide inspectors with evidence of this at the children’s home that the inspector is inspecting. If you fail to provide this evidence, inspectors will take it into account in making inspection judgements. You may be required to submit the information without delay.

If a registered provider makes an application to register a new children’s home, any directors who have not previously completed an SC2 form must do so as part of the new application. Directors of children’s homes do not have to get a DBS (Disclosure and Barring Service) certificate.

Providers already registered must satisfy themselves that directors meet the fitness requirements, for example by carrying out background checks. They must also produce evidence at the appropriate stage, for example at inspection or if they apply to register another children’s home.

Requesting a change to your conditions of registration

Following registration, you must monitor whether the conditions in place continue to adequately reflect the service’s statement of purpose. At inspection, inspectors take account of this. Their findings will form part of their judgement about leadership and management.

You can apply to remove or change your conditions of registration. You must pay a fee to do so.

To do this, email sc.admin@ofsted.gov.uk and provide a brief summary of the change you wish to make. We will then send you a form and tell you what the fee will be.

The responsible individual, or someone who makes up the registered provider, must sign the variation request form.

We normally charge a major fee, but in some cases this will be a minor fee. We charge a minor fee when:

  • the number of places is reduced in children’s homes or residential family centres
  • a children’s home reduces the range of existing needs (categories) of children cared for
  • a voluntary adoption agency or adoption support agency reduces the types of services provided.

You can find out more information about the specific conditions of registration we use in the individual introductory guide that applies to your type of service.

An inspector may contact you to discuss the variation once we have received the form and the fee. You must be able to show that you’ve considered the impact of the proposed changes to your conditions, for example you have increased the staffing level if necessary. If necessary, you must provide proof that the variation does not affect any existing planning permission for the premises. If your organisation is a registered charity, you must demonstrate that you continue to operate in line with your charitable objects.

An inspector will decide whether to grant or refuse the variation application based on any evidence that they have gathered about your application, and will write to you with their decision. They may visit before making their final decision.

If we refuse your variation application, you have the right to make written representations and appeal against our decision. Please see the relevant sections in the social care enforcement policy for further information.

Changes to your statement of purpose

The registered person for each registered service must have, and maintain, a statement of purpose that accurately describes the service provided at any given time.

It is a breach of the relevant regulations to operate your service in a way that is not consistent with your statement of purpose. You must contact us within 28 days if you make any change to your statement of purpose. Only the registered person can make this notification.

If you change your legal entity, for example, an individual becomes a registered company or the organisation becomes a partnership, you need to make a new application and pay an application fee for each service affected by the change. This is because a new legal entity needs a new registration.

If you are buying a number of existing services, we do not necessarily need a fully completed application form for each one. We decide what level of checks we need to do depending on the situation.

If a company changes its Companies House registration number, it must submit a new application. In these circumstances, the registered provider has changed and, therefore, the service must re-register.

Changing name or registered address

Registered providers sometimes change their name or their registered head office address (not the service address). As the registered provider remains the same, we do not need a new application.

Moving to new premises

Children’s homes or residential family centres

Your registration goes with your particular premises. If you move premises, you must make a new application and pay an application fee for registration at the new premises. You must also, at an appropriate point, apply to voluntarily cancel your registration for the old premises. Contact your current inspector for more information.

The service at the new premises cannot begin unless we have granted registration. This is the case even when changes of premises are temporary and short term, for example when there is building work taking place. In emergency situations, such as if existing premises are flooded, we will look at how to register you as soon as possible on a case-by-case basis.

Independent fostering, adoption support or voluntary adoption agencies

If you move to new premises, you should confirm the details to us in writing. If there are no substantial changes to how the agency operates, you do not need to submit a variation or new application.

Residential holiday schemes

If your principal office changes, you should confirm the details to us in writing. If there are no substantial changes to the scheme’s operation, you do not need to submit a variation or new application.

Additional services

This covers the circumstances when you need to apply to register a service and when this is not required.

When you need to make a new application

Setting up a new service not previously registered

You must apply separately for each proposed service using the SC1 and SC2 forms. We do not need annual accounts, a business plan or a financial reference if you have supplied these in the last 12 months.

We take account of any change to the service and the service it provides when deciding to request new checks.

Acquiring one or several already registered services

We need a new SC1 application and fee for each registered service that you acquire. If this involves buying a number of existing services, you only need to complete one SC1 in full. You can leave the provider details blank in any other SC1 forms you submit.

Please note that:

  • you cannot take on responsibility for a service until we confirm your registration
  • if the existing service has uncompleted statutory requirements, you must provide an action plan that shows how and when you will meet those requirements
  • the seller remains responsible for the service until they apply to voluntarily cancel their registration in writing and we have granted this. If continuity of care for children is an issue, the seller cannot voluntarily cancel their registration until the new registration takes effect (the date on the certificate)

We may not need to carry out a full assessment of the premises or the manager. This will depend on the individual circumstances of the situation and the amount of information we hold about you and the services that you run.

Selling a franchise

We need a new application and fee for each franchise. The buyer must register as the provider, not the seller.

When you do not have to make a new application

Acquiring a company and running it under the existing company name

Sometimes, an organisation acquires a company and chooses to continue to run it as that company. If the registered company name and registered company number remain the same, and it continues to trade under the existing company name, we do not need a new application(s). However, you will need to tell us about all changes to registered individuals.

Voluntary adoption agencies: opening additional branches or if an existing branch changes size

A ‘branch’ means a premises of the organisation, other than its principal office, where the agency carries out some or all of its main functions/activities.

You must tell Ofsted if you want to open a new branch. The annual fee that your agency needs to pay depends on the number and size of its branches.

A ‘small branch’ for fees purposes is defined in legislation.

You or another senior officer must complete an SC4 form and return it to Ofsted at least 28 days before the agency starts to operate from the new branch or the change in size.

Registration visits when you have applied for a change

If we need to make a registration visit, we will:

  • consider any changes to the premises
  • interview the applicant and proposed manager about the intentions for the service
  • review the policies and procedures you want to introduce, and how these differ from those already in place
  • check the date of the last inspection and its findings, including how any statutory requirements or recommendations have been met
  • review any conditions of registration in place

Cancelling your registration

If you no longer wish to carry on a registered service, you must apply to ‘voluntarily cancel’ your registration with Ofsted.

You should apply in writing at least 3 months before the date you want the cancellation to take effect.

We will call you when we receive your application to confirm the information you’ve provided. In some situations, we may refuse your application. Find out more in the ‘Cancellation of registration’ section of the social care enforcement policy.

If you have not applied to voluntarily cancel the registration, you should not:

  • sell the registered service
  • cease operating permanently

If we agree to cancel a registration, you must return the registration certificate by the agreed date of cancellation.

Fostering agencies: transferring foster carers

If your agency closes

If your fostering agency closes, you must arrange for another agency to take on its approved foster carers. The new agency must assess any foster carers that it takes on and decide whether to approve them within 16 weeks of the old agency closing. When the new agency makes its approval decision about these foster carers, their previous approvals will come to an end.

Transferring foster carers to another branch

If foster carers transfer to another branch of the same fostering agency, the new branch must re-assess them for approval. This is because fostering agency branches are registered separately. The new branch can use information from the original assessment to make this decision, as long as the information is up to date.

Social care legislation

This section lists the relevant legislation for services providing children’s social care.

General social care legislation

Children’s homes

Adoption support agencies and voluntary adoption agencies

Independent fostering agencies

Residential family centres

Residential holiday schemes for disabled children

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