Source · Select Committees · Education Committee
Recommendation 69
69
Acknowledged
Regulatory gaps persist, including child handcuffing and Ofsted ratings deterring complex needs placements.
Conclusion
The Department for Education has made some welcome steps towards increasing Ofsted’s powers of intervention in the Children’s Wellbeing and Schools Bill. However, some key gaps in regulation remain, most notably the worrying practice of using handcuffs to transport children between settings. We are also concerned that fear of negative Ofsted ratings is causing providers to refuse children with complex needs, putting more pressure on an already overstretched sector. (Conclusion, Paragraph 175)
Government response summary AI-generated
The government clarifies that children’s homes regulations permit restraint only for preventing injury, damage, or absconding, and must be necessary and proportionate. While these regulations currently apply only to children's home staff, the government states it considers these principles should be adhered to across all children’s social care, but does not address concerns about Ofsted ratings penalizing providers.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Acknowledged
HM Government · verbatim extract
Acknowledged
The safeguarding and wellbeing of children and young people is of the utmost importance. The children’s homes regulations are clear that restraint can only be used: to prevent injury to any person (including the child who is being restrained); to prevent serious damage to the property of any person (including the child who is being restrained); or to prevent a child who is accommodated in a secure children’s home from absconding from the home. Restraint against a child must be necessary and proportionate, and use of restraint must be recorded. At present, the children’s homes regulations only apply to the use of restraint by staff working within a children’s home. However, we consider that the principles of only using restraint where necessary and for the shortest amount of time possible should be adhered to in all aspects of children’s social care. We are amending primary legislation, via the Children’s Wellbeing and Schools Bill, to allow children to be deprived of their liberty in settings other than secure children’s homes, where necessary for their safety and care. This change, supported by capital investment, aims to ensure that children at risk or already deprived of liberty can live in environments that better meet their individual needs. To support this, we are building an evidence base and will publish research in the autumn examining the needs of children with complex lives, the challenges local authorities face in supporting them, and examples of promising practice. In partnership with NHSE, DHSC and MoJ, we are also launching a test-and-learn project in the South-East Regional Care Co-operative in 2025–26 to explore effective approaches to assessment and placement using multi-disciplinary teams. Our close collaboration with Ofsted will continue as they move forward with removing the single-headline judgement across all their remits, including children’s social care, to help drive better outcomes for children and families.
Read the full response on Parliament ↗