What is Regulation 44?

Regulation 44 is part of the Children's Homes (England) Regulations 2015. It requires the registered person of every children's home in England to make sure that an independent person visits the home at least once a month.

The independent person must produce a written report on each visit. The report gives an opinion on two things:

• Whether children are effectively safeguarded
• Whether the conduct of the home promotes children's wellbeing

The report goes to the registered person, who must send a copy to Ofsted and, where relevant, to the placing authority for each child. The visitor may also raise urgent concerns directly with Ofsted or the local authority if needed.

The regulations say the independent person must be someone who is not employed by the registered provider, and who the provider is satisfied has the skills and experience to carry out the visit. In practice that means someone with a background in children's residential care, social work, or inspection, and no financial or personal stake in the home beyond the visit fee.

Ofsted takes a dim view of visitors who are too close to the provider, or whose reports never contain a challenge. Independence is what gives the report its weight.

The guidance to the regulations is clear that the visit should be about the children's experience, not a records audit. A good visitor:

• Spends real time with children, and speaks to those who are out or at school by other means where possible
• Looks at records with a purpose, following a thread rather than ticking boxes
• Notices the atmosphere, the state of the building, and how staff and children talk to each other
• Writes recommendations the manager can act on, and checks next month whether they did
• Says when something is wrong, in writing, and says when something has improved

Inspectors read Regulation 44 reports before and during inspection. They use them to understand how the home has been running between inspections and whether the registered person acts on independent scrutiny. A strong run of reports with visible follow-through is good evidence of effective leadership and management.

Reports that are late, generic, or repeat the same wording each month tend to be noticed for the wrong reasons.