I am pleased to see that the Government is responding
speedily to concerns that some children and young people living in children’s
homes are being preyed on by sexual abusers. A review conducted by Deputy
Children’s Commissioner for England, Sue Berelowitz, has highlighted the nature
and extent of this problem.
It is of concern that these problems do not appear to have
been identified by the inspection regime, with Ofsted finding only 2% of
children’s homes unsatisfactory. Perhaps the reason for this is that Ofsted
places more emphasis on compliance with legislation and requirements than it
does on creating a safe environment.
Ofsted published new guidelines for the inspection of
children’s homes in April 2012. Paragraphs 24 and 25 of these state:
24. An overall
effectiveness judgement of inadequate is made where there are failures to
comply with requirements and, as a result, the outcomes for children and young
people are inadequate or their welfare is not safeguarded.
25. Where a children’s
home is judged inadequate, the inspector will set requirements to achieve
compliance with the Care Standards Act 2000 and the Children’s Homes
Regulations 2001. The registered person/s must meet these requirements as set
out in regulation.
Notice in paragraph 24 that the cause of inadequate
safeguarding is assumed to be “failures to comply with requirements”. But those
who draw-up the rules are not infallible and it is quite possible to imagine a serious
safeguarding failure might occur even when all the rules are followed. Likewise
it cannot be assumed, as paragraph 25 does, that compliance with regulations
will remedy a safeguarding deficit.
This is more evidence of wooden thinking by Ofsted. Rules
and regulations may on balance make children safer, but they can never guarantee it. And in some cases the rules may even make children less safe, particularly if they are too numerous.
An inspectorate that focuses too much on the issue of compliance, and
too little on the issue of safety, will be likely to fail those it is designed
to protect.