Unregistered and Unregulated Provision Defined
                     Unregistered and 
Unregulated Provision 
Defined
Confusion often arises when defining the differences between unregistered and 
unregulated provisions. For those who are interested in becoming part of the care 
world, it is essential to understand the terminology. With the correct knowledge and 
guidance, you may avoid breaking the law and risking the safety of those you are 
responsible for.
The 
Differences
Unregulated provision is a legal alternative to full-time care, where the child (typically 
over the age of 16) needs continued support as opposed to round-the-clock 
supervision. Ofsted doesn't regulate this type of provision. This is an appealing choice 
for some if there have been previous struggles with foster parents/children's homes 
and for some unaccompanied asylum-seeking children. However, unregulated 
provision should be a stepping-stone to independence and only a viable option if 
taken in the child's best interests.
The unregistered provision means providing accommodation for children that is not 
registered by Ofsted. As soon as you (the provider) provide a care element and 
accommodations, it is a legal requirement to register as a children's home. Failure to 
do this is considered an offense.
'Care' by 
Definition
To define care, you have to consider multiple factors such as the level of support 
needed, the vulnerability of the child's state and the length in which one receives 
care. Also, their age contributes to what can be considered 'care' as a service. 
Without a formal judicial definition in writing, there are myths about what validates 
care in a legal context. For example, a common falsehood is that registration is 
unnecessary if you provide care for only 28 days. In reality, it doesn't matter how 
long accommodation is provided for. If you provided care and accommodation, you 
must register with Ofsted.

Supported 
Living 
Supported living is accommodation where a child receives support through regular 
visits as they move towards becoming fully independent. It's the most common 
unregulated provision not regulated by Ofsted. 
Responsibility is instead handed to local authorities as 'corporate parents' to ensure 
placements are safe and suitable for the child receiving care. Though exceptions 
exist to the rule, concern is rising over some supported living providers failing to 
provide a beneficial experience for children under their supervision.
This concern has led to multiple requests for Ofsted to regulate supported living 
services. Regulation could help local authorities ensure high-quality care and good 
decision-making, but are there other safeguards we could utilise to achieve this? The 
first step needs to focus on these authorities, providing a plan in place to adequately 
assess the safety and suitability of all accommodations.
However, this change requires careful preparation and consideration of the potential 
impact. Unintended consequences must be considered; without this crucial 
preparation, the choice of accommodation and capacity may be temporarily reduced, 
and costs of services could increase when budgets are already stretched.
Therefore, for this regulation change to occur and, more importantly, be effective, it 
must be initiated by the government. If the government decides to regulate services 
after deliberating the choices and consequences, how should this differ from 
children's homes regulation?
As stipulated, not all supported living providers provide poor service. There are 
multiple exceptions. Many providers offer excellent support, equipping children under 
their care with the daily guidance and support that makes a positive difference. With 
better regulation, supported living services have the potential of being a perfect 
stepping-stone from care to independence; this ideal can become reality.
Unregistered 
Provision
Though unregistered provision is an issue nationwide, it's more prominent in specific 
areas. A reason for this could be the varying price of property across the country. 
Why are providers failing to register? Is it financially beneficial for them to remain 
unregistered? Local authorities aren't saving money. Cost isn't a factor in why 
providers fail to register.
It is common for supported living providers to unknowingly cross the line and provide 
care that needs to be registered with Ofsted. This can happen in crisis responses, 
when a placement is required quickly or temporarily, or when providers are unaware 
of the boundary lines when extending services to meet demand.
Unintentionally or otherwise, not all providers are registering. This leaves the 
potential for some of the most vulnerable children with complex needs to live in 
places unsuitable for their needs. Local authorities need a better system to recognise 
unregistered providers so that the best decision about where to place those who 
need care is always made.
Part of the issue is to do with capacity. The secure estate and specialist mental health 
services need more provisions. In some areas, the insufficient quality provision 
means many children live further away from home than necessary. It is having a 
significant impact on options for children and the decisions made for them. The same 
issue is also apparent in supported living accommodation.
Regulatory procedures in place currently reflect the market of previous decades. In a 
changing market with more prominent providers, processes must adapt to the times 
to remain effective. An organisation needs the resources to oversee the whole 
market, similar to how the Care Quality Commission (CQC) operates in the adult care 
world. An example is CQC's specific role in ensuring the larger providers are 
financially stable and fit for purpose.
Underlying 
Questions
Regulatory inspections of suspected unregistered providers are being carried out in 
all regions by Ofsted. During these inspections, providers are questioned to assess 
whether the service needs to apply or stop operations.
Ofsted also looks at how local authorities choose accommodation for children under 
their care and how they base their decisions. Careful thought is going into how best 
to use regulatory powers by Ofsted, including the ability to prosecute providers who 
persistently avoid registration.
The underlying question is, why do some people avoid registration? If you have the 
best intentions for the child you care for, what is there to fear? To local authorities, 
every child you are responsible for deserves the suitable conditions needed for their 
situation. How can you guarantee that every child under your care receives the 
proper care? Until this is a certainty, the question must remain. 
Starting a supported living service is a great way to help people who need 
extra support with their day-to-day lives. Supported living services can 
provide assistance with housekeeping, cooking and laundry, shopping 
assistance, medication reminders, personal care assistance and more. If 
you’re thinking of starting a supported living service or want to improve an 
existing one, this guide will help you along the way. To know more about 
supported living business plan UK, visit our website now.
THANK 
YOU