Criminal probe threat into illegal placements of kids

Bristol City Council HQ. It is a wide, brick building with lots of windows. There is a fountain in front of it.
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Bristol City Council could be investigated by Ofsted

  • Published

Ofsted is considering a “full criminal investigation” after Bristol City Council admitted illegally putting children in care into unregistered homes.

Eight children looked after by the local authority are currently living in placements that are not regulated by Ofsted, which is against the law.

The council said the "progressively increasing" rate of children going into care has put pressure on services.

A council spokesperson said: “We have kept Ofsted informed and been transparent with them about the difficult decisions we sometimes must make about the placement of our children in care."

'Illegal action'

Ofsted has instructed the council to ensure the homes were registered or to house the children elsewhere.

A report to the council’s audit committee said: “There are currently eight children living in unregistered placements and due to the current number of children in care  with high needs and placement sufficiency we are unlikely to be able to reduce this to nil children in the short term so the legal risk and risk to children remains.”

The internal audit report said: “Unregistered provision is when a child who is being provided with some form of ‘care’ is living somewhere that is not registered with Ofsted.

“This is illegal; Ofsted have served the council with letters confirming the illegal action and instructing that the home is registered, or the child be removed, and a full criminal investigation will be considered.”

The Local Democracy Reporting Service said the council's audit committee showed there were 769 children in care in the city as of May.

An internal audit report acknowledged the difficulties in finding registered provision, particularly in emergency circumstances.

It said that "within the current national context" where there may be "no other option".

Image source, Getty Images
Image caption,

The number of children in care is "progressively increasing" in Bristol

The Internal Audit investigated five children living in care in Bristol.

The auditors found 14 "key weaknesses", including no evidence of a visit to a property before the placement of four children.

Social workers' visits had not been recorded either, according to the Local Democracy Reporting Service.

Auditors also found that two children had been living in unregistered provision between March and June 2022.

In 2021, local authorities were banned from placing children under the age of 16 in unregulated homes - however, it is not a criminal offence.

Ofsted can only prosecute someone for the offence of providing children's social care without registration - meaning the providers themselves, not the local authority which placed the child.

'Top priority'

A spokesperson from Bristol City Council said there were plans to increase the number of children's homes from 14 to 36.

They are planned to provide places for children with "the most complex needs".

"The care of our children is a top priority," they said.

"We will continue to co-operate and provide Ofsted with any information they request in this matter."

They added that the authority was on track to deliver "all of the management recommendations" and is committed to reviewing and improving quality assurance practices.

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