Guidance on Chapter 3 of the Regulations – Registered Persons

Regulations 26 and 28 set out the fitness requirements for the registered provider and managers. See the explanation of terms (see Explanation of Terms) for information on their different roles. If the registered provider is an organisation, the directors involved in the carrying on of a children’s home must also satisfy fitness requirements (regulation 26(4)). This is to ensure that children’s safety and welfare is protected.

Every home must have a person managing it. Under regulations 27, that person will either be:

• The registered provider if they are an individual, and fit person to manage a children’s home; or
• An individual that the registered provider appoints as manager.

If the registered provider is an organisation, they must appoint an individual as the Responsible Individual for the home. The Responsible Individual’s role is to supervise the management of the home as set out in the definition of a Responsible Individual in regulation 2. They should have an understanding of both effective practice in responding to the needs of looked-after children and of local authority care planning duties and how children’s homes are required to support these.

Ofsted, as the regulator of children’s homes can at any time scrutinise the fitness of a Responsible Individual, either through inspection or as a stand-alone event. Regulation 26(7)(b) requires the Responsible Individual to have the capacity, experience and skills to supervise the management of each children’s home that they are Responsible Individual for. This includes being able to demonstrate that they have the essential skills needed to develop the leadership and management of homes within their remit such that the homes have the capacity and capability to meet the Quality Standards. There is no limit to the number of homes that a person can be appointed as Responsible Individual for, but they must be able to demonstrate that they can effectively supervise the management of each home individually, as well as all of the homes overall.

When the person who is in day to day charge of the home proposes to be absent from the home for a continuous period of 28 days or more, they must notify Ofsted in writing (regulation 48). The registered person must also notify Ofsted of a range of other changes to the running of the home (regulations 49, 50 and 51).