How care-less accommodation became an official part of England's children's care system
Early in February 2020, the Department for Education launched a public consultation on regulating semi-independent and independent accommodation for children in care and care leavers. This followed widespread and serious concerns about children’s safety and well-being in unregulated accommodation. At that time, official statistics showed there were 90 children in care aged 15 and under living in unregulated accommodation, and 5,990 children in care aged 16 and 17.
In May 2019, BBC Newsnight started its ‘Britain’s Hidden Children’s Homes’ campaign (see here). The vast majority of Newsnight’s case studies of children and young people dying or suffering serious harm concerned those aged 16 and over. It was through this media pressure that the then government agreed to take action – though there had been increasing evidence of harm before this time.
On 19 February 2021, in response to its consultation, the Department for Education announced that it would ban the use of unregulated accommodation for children in care only for those aged 15 and younger. This came into force in September 2021. New standards for semi-independent and independent accommodation for children in care aged 16 and 17 were promised, together with Ofsted registration and inspection. Article 39 brought a judicial review challenge against this deeply regressive and discriminatory change to the care system, whereby only children aged 15 and under are guaranteed care where they live. Very regrettably, we lost. Since then, we have focused our efforts on trying to persuade government to require local authorities to act like all loving parents, and not to stop providing care at age 16.
Two more consultations followed – the first between May and July 2021, the second between December 2022 and January 2023 – dealing with new standards for semi-independent and independent accommodation for 16 and 17 year-olds in and leaving care.
In September 2020, the Children’s Commissioner for England published a report which recommended that the use of semi-independent and independent accommodation should be made unlawful for all children in care:
“All children aged under 18 should receive care, rather than support. As such, there should be a requirement that any setting they are placed in is regulated as a children’s home”.
Current position – 2025
What was once called semi-independent and independent accommodation is now called supported accommodation for looked after children and care leavers aged 16 and 17.
There are four official categories of supported accommodation for looked after children and care leavers aged 16 and 17:
- Category 1, where children live in “a self-contained unit” (a bedsit or flat, for instance);
- Category 2, where children live in accommodation with care experienced adults (the law does not set an upper age limit);
- Category 3, where children live in accommodation with adults who were not formerly in care (no upper age limit); and
- Category 4, where children live “in a private residence” known as supported lodgings (not the same as fostering).
There is no requirement to provide care to children in any of these four categories of supported accommodation. (This is why the #KeepCaringTo18 campaign describes it as ‘care-less’). Were providers to give both care and accommodation to children, they would be required by law to register their establishment as a children’s home and to follow residential child care quality standards which have developed over many decades (they were last comprehensively revised in 2015).
Unlike children’s homes, which are each inspected by Ofsted at least once every 12-15 months, only a selection of a provider’s supported accommodation properties are inspected. The minimum inspection cycle for providers of supported accommodation (most of whom are private companies) is also much longer – three years. Those who run children’s homes receive no notice of Ofsted inspections, whereas those who run supported accommodation receive two working days’ notice.
Government has not ruled out caravans, tents, holiday lodges, boats and barges being officially registered by Ofsted as a form of supported accommodation for children in care and care leavers aged 16 and 17.
There is no curtailment on profit-making in this expanding market. Of the first 258 providers registered by Ofsted by 31 March 2024, 90% were profit-making.
Through a freedom of information request, made November 2024, Article 39 is seeking latest data (as of 31 March 2024) on the number of 16 and 17 year-olds now living in supported accommodation. We believe this could be as many as half of children in care aged 16 and 17.