Regulation 28 & 32: Key Requirements for Managers and Staff in Children’s Homes

In children’s homes, regulations around the qualifications and experience of both managers and staff are critical to ensuring the quality of care provided. Regulation 28 and Regulation 32 of the Children’s Homes (England) Regulations 2015 set clear expectations for both managers and care staff, ensuring that they are equipped with the necessary skills and knowledge to deliver high-quality, safe, and compliant care. Understanding and adhering to these regulations is essential for maintaining compliance and delivering effective services in children’s residential settings.

Regulation 28: Qualifications and Fitness of Managers

Regulation 28 outlines the specific requirements that managers of children’s homes must meet. These include:

• Integrity and Character: Managers must demonstrate honesty, trustworthiness, and high moral standards in their roles.
• Relevant Experience and Qualifications: A manager must possess the appropriate experience, skills, and qualifications necessary to manage a children’s home effectively. This includes holding a Level 5 Diploma in Leadership and Management for Residential Childcare or an equivalent qualification.
• Physical and Mental Fitness: It is crucial for managers to be physically and mentally capable of carrying out their duties without compromising the quality of care provided.
• Verification of Competence: Managers must provide comprehensive documentation to verify their identity, qualifications, employment history, and background checks, including an enhanced DBS check and references. These measures are designed to ensure that managers are not only qualified but also meet the necessary ethical standards to manage a children’s home.

Regulation 28 allows managers who were in post before April 1, 2014, until April 1, 2017, to obtain the required qualifications. For those appointed after this period, newly appointed managers are given a maximum of three years from their start date to complete the Level 5 Diploma and should be progressing towards completing this qualification during this period. While deferrals are possible under certain conditions, such as part-time management roles or breaks in service, managers without the qualification after the allotted time will be in breach of this regulation.

Regulation 32: Qualifications of Care Staff

Regulation 32 focuses on ensuring that all staff members working in care roles within children’s homes are qualified, experienced, and capable of providing high-quality care. Key points include:

• Qualifications and Experience: All care staff are required to hold a Level 3 Diploma for Residential Childcare or an equivalent qualification. For those already in a care role as of April 1, 2014, this qualification must have been achieved by April 1, 2016. New staff members are given two years from their start date to obtain this qualification.
• Integrity and Fitness: Like managers, care staff must demonstrate integrity and be physically and mentally fit to carry out their roles. They must also provide proof of their qualifications, background checks, and previous employment.
• Compliance: If staff members are granted deferrals for reasons such as breaks in employment or part-time work, these must be reviewed regularly. The regulation requires that managers maintain complete records of these deferrals to ensure compliance with the qualification deadlines. Keeping records of deferrals and regularly assessing them is key to maintaining transparency when it comes to Ofsted inspections.

The importance of compliance

During inspections, Ofsted will closely examine whether managers and staff meet the qualifications outlined in Regulations 28 and 32. Compliance with these regulations directly impacts the effectiveness ratings of leadership and management, as well as the overall quality of care provided at the home.

If a manager or staff member fails to obtain the required qualifications within the set timelines, or if there is no clear plan for achieving them, Ofsted may judge the effectiveness of leadership and management as “inadequate” or “requires improvement.” This can severely impact the home’s reputation and its ability to deliver high-quality care.

Steps for ensuring compliance

For care home providers, maintaining compliance with Regulations 28 and 32 should be a top priority. Here are some practical steps to ensure that your organisation meets these regulatory requirements:

1. Track Qualification Progress: Keep accurate and up-to-date records of all staff and managers’ qualifications, including timelines for completion. Regularly review these records to ensure staff are on track to meet their qualification deadlines.
2. Provide Support for Qualifications: Offer training, guidance, and support for managers and staff working toward their Level 3 and Level 5 Diplomas. Ensure that there is a clear plan in place to help them achieve these qualifications within the required timeframe.
3. Regular Supervision and Appraisals: Conduct regular supervision sessions and performance appraisals to assess the progress of both managers and care staff. This provides an opportunity to identify any challenges in meeting the qualification requirements and to offer additional support where necessary.
4. Collaborate with Training Providers: Work with training providers to offer flexible learning options for staff and managers to complete their qualifications while balancing their day-to-day duties.
5. Prepare for Inspections: Ensure that your home is prepared for Ofsted inspections by maintaining clear records of qualifications, deferrals (if applicable), and staff training plans. Be ready to provide inspectors with evidence of ongoing training and support to meet regulatory requirements.

Regulations 28 and 32 are crucial to maintaining high standards of care in children’s homes. By ensuring that managers and staff meet the necessary qualifications, care providers can deliver high-quality, responsive care that meets both regulatory standards and the needs of the children in their care. Proactively managing qualifications and ensuring compliance with these regulations will not only improve inspection outcomes but also enhance the overall quality of your service.

If you or your team need to obtain the required qualifications, Access Skills offers a range of courses designed to help you meet these regulatory demands. Our Level 3 Diploma for Residential Childcare and Level 5 Diploma in Leadership and Management for Residential Childcare provides the essential knowledge and skills needed to succeed in the sector. With flexible learning options and support from experienced tutors, our programmes are tailored to fit your schedule and help you stay compliant with Ofsted standards.

Explore our courses today to ensure your team is fully prepared and equipped to deliver exceptional care.