Staff Qualifications

Regulation 28 of the Children’s Homes (England) Regulations 2015 requires the registered manager to hold 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 qualification 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.

If a registered manager was managing a Children’s Home prior to April 2014, and they do not now hold the level 5 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.

Regulation 28 also identifies the following experience as necessary for a person managing a Children’s Home:

• Within the last 5 years, they have worked for at least 2 years in a position relevant to the residential care of children; and
• They have 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).

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

For Wales – Under Regulations 35, 67 and 68 the responsible individual ensures a manager who is registered with Social Care Wales is appointed and in place to manage the delivery of the service.

The responsible individual is assured that the person appointed as the manager for the service has the appropriate knowledge, skills and competence to manage the service safely in accordance with the requirements of the Regulations.

The responsible individual demonstrates that the appointment of the manager has been undertaken with due diligence and in line with the requirements of Regulation 35.

The responsible individual has suitable arrangements in place to ensure the manager is fit and is capable of running the service in line with its statement of purpose. This includes ensuring:

• The manager is appropriately qualified;
• The manager is registered with Social Care Wales;
• The manager is experienced in managing care services and in the provision of the type of care being provided;
• The vetting of prospective managers includes the relevant checks required by regulations to assure the responsible individual that the person is fit and able to work with vulnerable individuals.

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 regulation requires 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 qualification 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).

For Wales – Under Regulation 35 of The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 requires staff to have the appropriate experience, qualifications and skills for the work they will perform.

Staff have six months from the date on which they commenced their employment to register with Social Care Wales. The Regulation also requires:

1. The person is of suitable integrity and good character;
2. The person has the qualifications, skills, competence and experience necessary for the work he or she is to perform;
3. The person is able by reason of their health, after reasonable adjustments are made, of properly performing the tasks which are intrinsic to the work for which he or she is employed or engaged;
4. The person has provided full and satisfactory information or documentation, as the case may be, in respect of each of the matters specified in Part 1 of Schedule 1 and this information or documentation is available at the service for inspection by the service regulator.

Schedule 2 of the Children’s Homes (England) Regulations 2015 requires the following checks for people who wish to manage or work in a Children’s Home:

• Proof of identity including a recent photograph;
• An enhanced Disclosure and Barring Service check (depending on the nature of the role);
• Two written references, including a reference from the person’s most recent employer, if any;
• If a person has previously worked in a position involving 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 qualifications which the person considers relevant for the position; and
• A full employment history, together with a satisfactory explanation of any gaps in employment, in writing.

For Wales – Schedule 1 of The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 requires the following recruitment checks:

• Proof of identity including a recent photograph;
• An enhanced disclosure and barring check;
• Two written references, including a reference from the last employer, if any;
• Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended;
• Documentary evidence of any relevant qualification;
• Where relevant, documentary evidence of registration with Social Care Wales;
• A full employment history, together with a satisfactory written explanation of any gaps in employment;
• Evidence of satisfactory linguistic ability for the purposes of providing care and support to those individuals for whom the worker is to provide care and support;
• Details of registration with or membership of any professional body.

Also consult your Local Authority Safer Recruitment Policy.