Memorandum submitted by the Independent
Children's Homes Association
1. INTRODUCTION
ICHA is a national umbrella organisation representing
and supporting independent providers of children's residential
provision. We have had a representative on the National Consultative
Forum for Ofsted since they took over from CSCI. In terms of the
future of Ofsted, lots of rumours abound prior to this consultation
- from abolition to less intense regulation. In the view of many
of our members, a move to "long arm" inspection for
good homes (with more frequent focus on weaker provision or where
there are alerts/concerns, or just a lot of change, etc) is probably
a constructive way to go, but will only really work if left with
Ofsted, the regulator that knows us well.
It is important to note that there is no advice function
within Ofsted (primarily the only function providers ever reported
as missing from CSCI days) and now that NCERCC has had its funding
dropped, any forum for good practice, research and dissemination
to the sector has disappeared. ICHA's view is that if long arm
inspection comes into force, it gives more strength to the argument
for an advice hub, wherever that may be located (possibly including
Jonathan Stanley at NCB for continuity and also to harness his
knowledge and expertise in that "hub").
In relation to some of the bullet points from the
consultation paper for the Select Committee we offer the following
comments:
2. THE PERFORMANCE
OF OFSTED
IN CARRYING
OUT ITS
WORK
Pros:
1. Ofsted have a good understanding of children's
homes and have built up experience.
2. Issues with Ofsted have exponentially declined
since it took over from CSCI.
3. Consistency has improved (although it is impossible
to remove all subjectivity when a system is based on people making
judgements on regulations which are mostly not mathematical and
therefore open to interpretation).
4. Education is inspected by Ofsted - it is critical
that education and social care for children are linked up and
best if they are integrated together.
5. Ofsted offer improving guidance and greater
clarity to see how judgments are made.
6. Arguably, the overall quality of residential
care has improved since Ofsted took over - primarily because providers
care about the children and want to improve and gain better judgments.
7. Processes have become simpler and quicker,
for example in relation to variations.
8. Ofsted have become more open and flexible
in recognising innovation and creativity that is in the interests
of improving services for children in care.
Cons:
1. Inspection by people is always going to be
affected to a degree by subjectivity and despite Ofsted's efforts
to eliminate this, the problem still exists; worse in some areas
than in others.
2. There is no advice function to Ofsted (as
there was with CSCI) and whilst this was compensated for by the
existence of NCERCC (run by Jonathan Stanley, housed by NCB),
that function has had its funding withdrawn and there is currently
nothing to replace it.
3. A small number of ICHA members would not be
sorry to see Ofsted go. It would appear that this is mainly based
on very bad experiences of individual inspectors who have made
their own quite forceful interpretations of the regulations (and
there seems to be difficulty in resolving this - either because
the provider is frightened to complain, or because Ofsted has
been ineffective in addressing disputes).
There are many mixed views on the performance of
Ofsted. The majority view seems to be that residential providers
do not need another change of regulator in our sector - first
NCSC then CSCI and now Ofsted—every time there is a change
providers go through the mill, not to mention the children we
look after. In these times of severe financial difficulty, we
need to maximise efficiency and reduce bureaucracy, and further
improve what we have, not re-invent the wheel.
The minority who are critical of Ofsted seem to have
major problems with either individual inspectors, or with what
they consider to be important issues which Ofsted appears not
to know how to address and/or decides that it is not its responsibility.
3. THE CONSISTENCY
AND QUALITY
OF INSPECTION
TEAMS IN
THE OFSTED
INSPECTION PROCESS
In the opinion of some ICHA members Ofsted has improved
exponentially since it took over. In the opinion of ICHA's Ofsted
link person, many of the issues that come to light within the
organisation are annoying mistakes (which need to stop happening);
but the number of issues being raised has significantly decreased
and there is clear evidence of improved consistency in inspection.
—From the NCF perspective, since social care was given a
better focus, things have improved even faster (helped by the
separation of Early Years) as there is an improved focus for the
two groups. Ofsted seem to be consulting more frequently with
the sector and working with us to improve.
To be fair to Ofsted, they have clearly stated that
if names are named and details given they will address any issue—the
problem is that many providers are frightened of repercussions
from their inspector and are reluctant to provide specific details.
Those who have provided detail have usually succeeded in rectifying
anything unfair, although not always as quickly as they would
have liked.
4. THE WEIGHT
GIVEN TO
DIFFERENT FACTORS
WITHIN THE
INSPECTION PROCESS
Focus on the individual children in placement - look
at their progress, tracked from initial benchmarks, established
on admission. Safeguarding and welfare - ensure that they are
not only contained but also that they receive the support and/or
treatment to help them move on.
Focus on stability & consistency—happy
and well supported staff who are properly equipped to manage and
support the children in their care.
Limiting judgments need to go. These were sometimes
used senselessly, seriously affecting the operating ability of
providers who were essentially doing a good job. Since Ofsted
now has the power to close poor provision (under the Children
and Young People's Act 2008), this is unnecessary.
5. WHETHER INSPECTION
OF ALL
ORGANISATIONS, SETTINGS
AND SERVICES
TO SUPPORT
CHILDREN'S
LEARNING AND
W ELFARE IS
BEST CONDUCTED
BY A
SINGLE INSPECTORATE
Children in care need strong links between their
social care and education. The integration of the education should
be paramount. Also, attention to health issues (including mental
health) to tackle barriers to learning needs more attention to
ensure that those with traumatic pasts are supported to function
better in education to improve chances of learning.
6. SUMMARY
On a final note, it is important to state that purchasers
are increasingly basing their placement decisions on Ofsted report
ratings. This means that providers strive for the highest rating
possible so as to ensure commercial viability through minimising
vacancies and maximising placement success.
October 2010
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