NCERCC analysis and evaluation of government proposals for reforms to unregulated provision for children in care and care leavers

The situation is more complex than is presented in the consultation, there are many interrelated factors. Sophistication not simplification is required.

It is not solely about placements

A systemic analysis is required upon which to base sound policy.

It is not possible to address the situation regarding unregistered and unregulated settings without also addressing the individual elements that go to make the wider strategy that is necessary. This is a longer and wider project. The problem comes to be understood during the course of exploring solutions.  It is not a task and finish project. A scientific method is to seek the fullest evidence that contradicts a hypothesis. A consultation may then seek confirmation.

Understanding unregulated settings requires more detail and evidence than is currently available. The research for the consultation, given the time, data available and the small project team, was far from being able to be exhaustive. For example, the history of, and the role and task both operationally and culturally of unregulated settings has to be understood. As NCERCC found in working on this document this is a time consuming task, necessary to know of and speak with many who have been culture carriers of children’s services thinking, and who have been involved in developments over decades. The development of children’s services in England has been ad hoc and the institutional memory of what it was that precipitated a change, or not, and why the changes were as they were is all important to be understood. In addressing any one thing in children’s services many others are affected. Every change counts significantly. The situation is not static but dynamic, because of complex interdependencies, the effort to solve one aspect reveals or creates other problems.

Also, this document seeks to begin to open the complexity that will be experienced in any forthcoming review of the care system. As seen in Scotland this needs to be root and branch and to take necessary time to fully reflect on matters.

This document is a contribution to the development of that understanding. In addressing various aspects of the particular situation it aims to establish the appreciation of the factors involved are deeper and wider.

Report Contents:

1. Unregistered and unregulated provision – what’s the difference? Page 3
2. The DfE proposals and some responses Page 3
3. Analysing and evaluating some factors concerned with the understanding of unregistered and unregulated settings and the effect of registration, regulation, inspection.  Page 5
4. Three important aspects of group living and residential child care and any proposed standards Page 16
5. NCERCC What Works in Residential Child Care (published as NCB Highlight) Page 20
6. Policy aspects necessary for a facilitating/holding environment for Residential Child Care and children’s Page 24
7. Thinking further about the inspection and regulation Page 27
8. Why inspect?
9. Inspection and Regulation as a Management Control System
10. The phenomenology of inspection – detectors, effectors, directors
11. The state of readiness to the commitment to change is currently unknown and has to be assured at the start and throughout
12. Inspection – a two-way process
13. Legal – Practice Guidance issued by Sir Andrew McFarlane
14. President of the Family Division – Placements in unregistered children’s homes in England or unregistered care home services in Wales Page 37
15. Learning lessons and taking recommendation from a re-reading of People Like Us: The Report of the Review of Safeguards for Children Living Away from Home Page 40
16. Parliamentary (1) Learning from history re registration and regulation of children’s residential care. Page 44
17. Parliamentary (2) Registration and inspection of currently unregistered and unregulated settings – previous Parliamentary reports and debates evaluating national or local authority based. Page 47
18. Thinking by experts regarding the consultation collated Page 55
19. Correspondence with Roger Morgan previously Children’s Rights Director of England Page 57
20. Considering Ofsted and IRO functions Page 62
21. Good commissioning practice Page 63
22. Desire, the link between intention and achievement: Commissioning is a parenting and child care activity Page 66

To read more on this report, download here.