Ofsted gives stamp of approval to teenagers in care living on their own or with adult strangers

Stack of reports

Ofsted data published this week shows that ‘sole occupancy premises’ – flats and bedsits – are the most common type of supported accommodation to be registered by the regulator for children in care aged 16 and 17.

Government changed the law in 2021 to make sure that children in care in England always receive care where they live and consistent adult supervision and protection – but only to age 15.

For children in care aged 16 and 17, ministers decided to task Ofsted with registering and inspecting providers of supported accommodation.

Of the 3,309 premises registered by Ofsted by 30 April 2024:

  • 1,597 premises (48% of all of the supported accommodation registered) are classified as ‘sole occupancy’ – properties such as flats and bedsits deemed suitable for a child in care aged 16 or 17 to live on their own.
  • A further 627 properties (19% of total registered) are registered as suitable for children in care aged 16 and 17 to live alongside adult strangers. There is no upper age limit in law for any of these child/adult shared properties, and there is no legal requirement for children to have their own bathrooms. Ofsted does not indicate the ages or backgrounds of the adults who live in these (now registered) properties. A review by the Children’s Commissioner for England in 2020 found that children were “frequently living alongside vulnerable young adults (usually up to 25 years) battling with their own difficulties, including those struggling with homelessness, mental ill health, addiction, or even transitioning from prison back into the community”.
  • A further 802 properties (24% of total registered) are registered as suitable for children in care aged 16 and 17 and care leavers, which may include adult care leavers. Again, there is no legal upper age limit on the adult care leavers who may live in this type of property, and there is no requirement for children to have their own bathrooms.
  • A further 283 ‘private residences’ (9% of total registered) are registered as suitable for children in care aged 16 and 17. These are not fostering arrangements; legislation and childcare standards relating to how individuals wishing to be foster carers must be assessed, approved and reviewed do not apply.

A total of 291 providers were registered by Ofsted by 30 April 2024, meaning that each registered provider has, on average, 11 separate properties. Ofsted does not indicate how many of these 291 providers are profit-making though latest government data shows that 8 in 10 supported accommodation providers are private companies. The Competitions and Markets Authority found this part of the children’s care system to be the most lucrative for profit-making companies.

The registration process is not yet complete for a further 517 providers, with 4,159 properties among them. Of these 4,159 properties, 1,582 (38%) are single occupancy premises.

Carolyne Willow, Article 39’s Director, said:

“At a time when more and more grown-up children are living with their parents, and the dreadful impact on children’s mental health of Covid-19 and austerity is increasingly being recognised, it is an act of state-sanctioned neglect that our children’s care system has been radically restructured to legitimise teenagers living on their own or in shared properties with adult strangers.

“Against a background of children in care dying and suffering other serious harm when left by their local authorities in properties on their own, it is shameful that ministers changed the law to protect children aged 15 and under, but not those aged 16 and 17.

“A child who is looked after by the state should receive the love, care, attention and day-to-day help that parents all over the country give to their teenage children without question or hesitation. How many Members of Parliament would send their own children at age 16 or 17 to live in a flat, bedsit or hostel supposedly to get them ready for adult life? Besides the obvious and stark child protection risks, this makes a mockery of attempts to dismantle educational barriers for children in care.”

Supported accommodation is a type of property where children receive no care and there is no consistent adult supervision. Government has consistently claimed that supported accommodation is appropriate for ‘some’ 16 and 17 year-olds in care who are ready to live with a greater degree of independence than is usual for children this age. However, as predicted by Article 39 and others, since ministers changed the law in 2021, local authorities have increasingly opted for supported accommodation for children in care aged 16 and 17 over foster homes or children’s homes where they would receive care and consistent adult supervision. Latest government statistics show that 41% of children in care aged 16 and 17 now live in supported accommodation.

The registration and inspection requirements for supported accommodation are much weaker than for children’s homes. For example, there is no requirement that the person managing the accommodation has prior experience of working with children; the monthly independent safeguarding checks required for children’s homes do not apply to supported accommodation; and the law states inspections of supported accommodation must take place every three years and not every property has to be visited, whereas for children’s homes inspections of every establishment must take place at least every 12-15 months. The first inspections of supported accommodation have been postponed from April 2024 and are now expected to start in September instead. Ministers have refused to rule out caravans, boats and tents being part of the available stock of supported accommodation providers.

When Article 39 wrote to ministers earlier this year asking them to urgently amend the new legislation relating to supported accommodation – so that it prohibits corporal punishment – we were told that this is not necessary because there is no-one in these properties acting in the place of parents. Corporal punishment is banned in foster care and children’s homes. Nearly one-third of children aged 16 and 17 living in supported accommodation are the subject of a care order, meaning their local authority has parental responsibility for them until the age of 18. Education legislation requires that every child participates in education or training until age 18.