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Ask the Regs

Questions about the rules, answered with the source

Every answer quotes or links the regulation or official guidance it relies on. General information, not legal advice.

How often do I need a Reg 45 review?

At least once every six months. The review looks at the quality of care, children's experiences and the impact on their outcomes. The report goes to Ofsted and to the placing local authority of every looked-after child in the home. You decide what each review focuses on; you do not need to cover every Quality Standard each time.

Source: Guide to the Children's Homes Regulations, paragraphs 15.2 to 15.4

Can our own employee be the Reg 44 independent visitor?

Only if they are employed solely for quality assurance within the home or homes. The registered person appoints the independent person and must make sure the appointment does not create, or appear to create, a conflict of interest.

Source: Guide to the Children's Homes Regulations, paragraphs 15.5 to 15.8

Does Ofsted tell children's homes before it inspects?

No. Ofsted's framework says all inspections of children's homes are unannounced. At the start of a full inspection the inspector asks for Annex A, so keep it up to date.

Source: SCCIF: children's homes (Ofsted)

Will Ofsted call before inspecting my nursery?

Usually. For group provision, inspectors call the working day before. Ofsted can still inspect without notice when it judges that is needed to keep children safe.

Source: Early years inspection operating guide (Ofsted)

Will the council warn me before a food hygiene inspection?

Usually not. Councils normally visit unannounced so they see the business as it runs every day.

Source: Coventry City Council: food hygiene inspections

Can an HSE inspector come in without an appointment?

Yes. Inspectors can enter at any reasonable time, or at any time if they believe there is a dangerous situation.

Source: Health and Safety at Work etc. Act 1974, section 20

Is CQC's published rating always up to date?

Not always at the moment. CQC says its move to a new system has delayed some data files, and changes like registration cancellations may take longer to appear. Check the service's page on the CQC website before relying on it.

Source: Using CQC data (CQC)

When do I need to do a right-to-work check?

Before the person starts work, for every worker. If their permission is time-limited, you must do a follow-up check before it runs out.

Source: GOV.UK: check a job applicant's right to work