Staff Qualifications

Regulation 28 of the Children's Homes (England) Regulations 2015 provides that a person may only manage a children’s home if:

• The person is of integrity and good character;
• Having regard to the size of the Home, its Statement of Purpose, and the number and needs (including any needs arising from any disability) of the children:
  • The person has the appropriate experience, qualification and skills to manage the Home effectively and lead the care of children; and
  • The person is physically and mentally fit to manage the Home; and
• Full and satisfactory information is available in relation to the person in respect of each of the matters in Schedule 2;
• Proof of identity including a recent photograph;
• A DBS check at the appropriate level;
• Two written references, including a reference from the person's most recent employer, if any;
• Where a person has previously worked in a position whose duties involved work with children or vulnerable adults verification, so far as reasonably practicable, of the reason why the employment or position ended;
• Documentary evidence of any relevant qualification;
• A full employment history, together with a satisfactory written explanation of any gaps in employment.  

A person has the appropriate experience and qualification if the person has: 

• Within the last 5 years,  worked for at least 2 years in a position relevant to the residential care of children;
• Worked for at least 1 year in a role requiring the supervision and management of staff working in a care role (i.e. a position which consists mainly or solely of providing care for children); and
• Holds a Level 5 Diploma in Leadership and Management for Residential Care or an equivalent qualification.

If a manager was managing a home on 1 April 2014, they should have gained the Diploma by 1 April 2017. Any manager starting to manage a home after 1 April 2014 has 3 years to gain it.

Regulation 28 does allow for the date to gain the qualification to be deferred if a manager has a break in managing a home or if they work part-time.

PLEASE NOTE: If a registered manager was managing a children's Home prior to April 2014, and they do not now hold the Level 5 Diploma qualification or equivalent, they are in breach of regulation 28 unless they have a good reason for a deferral.

If the registered manager holds a qualification they regard as equivalent, they should be able to demonstrate how their qualification meets the competencies in the level 5 diploma and any additional training they have completed to fill any gaps.

Ofsted inspectors will ask to see evidence of qualifications as part of an inspection.

Regulation 32 of the Children's Homes (England) Regulations 2015 requires Children's Home staff to have the appropriate experience, qualifications and skills for the work they will perform. For staff in a care role, the regulations require them to obtain the Level 3 Diploma for Residential Childcare or an equivalent qualification.

If the staff member was working in a care role in a home on 1 April 2014 they should have gained the Level 3 Diploma by 1 April 2016. Any members of staff starting to work in a care role after 1 April 2014 have 2 years to gain the qualification.

Regulation 32 does allow for the date to gain the qualification to be deferred if the staff member has a break in working in a home or if they have worked part-time.

In relation to staff, the regulations also require that:

1. The individual is of integrity and good character;
2. The individual has the appropriate experience, qualification and skills for the work that the individual is to perform;
3. The individual is mentally and physically fit for the purposes of the work that the individual is to perform; and
4. Full and satisfactory information is available in relation to the individual in respect of each of the matters in Schedule 2 (e.g. enhanced Disclosure and Barring Service Check, 2 written references, evidence of relevant qualifications and full employment history (including where a person has previously worked in a position involving work with children or vulnerable adults, verification of why the employment or position ended).

As part of an inspection of the Home, inspectors will take the following into account:

• The attitude and knowledge of the registered person in relation to staff training and development;
• The impact of lack of qualification/training on practice and in particular the quality of care provided to those living in the children’s Home; and
• The rationale and individual circumstances taken into account for staff who have been granted a deferral of the time period required to attain the qualification, and arrangements for review of that deferral.

Where none (or very few) of the staff in a Home are qualified, and there is no prospect that the remaining staff will achieve the qualification within 6 months or by the relevant date, the judgement for the effectiveness of leaders and managers is likely to be inadequate, and certainly no more than requires improvement.