Children's Home Location Assessments and Regulation 46

What Regulation 46 requires

Regulation 46 requires the registered person to review the appropriateness and suitability of the location of the premises used for the purposes of the children's home at least once in each calendar year, taking into account Regulation 12(2)(c) (the protection of children standard). Regulation 12(2)(c) contains the safeguarding requirement concerning where the premises are located. The location assessment should consider the surrounding area, not just the building. Current Ofsted registration guidance expects the assessment to consider the neighbourhood, access to services, proximity to risks, and the impact on children's daily lives.

The Regulations do not prescribe a template or detailed contents list for the location assessment or annual review. Regulation 46 does, however, prescribe the annual review duty, the link to Regulation 12(2)(c), and the requirement to consult and take account of the views of each relevant person. Current Ofsted registration guidance sets out broader issues the initial location assessment must address. The format and depth of the assessment is for the provider to determine. What matters is that the assessment is genuine, documented, and used to inform decisions about the home.

Consulting relevant persons

Regulation 46(2) requires the registered person, when conducting the review, to consult each relevant person and take into account the views of each relevant person. This is a statutory requirement, not optional good practice. A Regulation 46 review completed without consulting and taking account of the views of each relevant person does not meet the Regulation.

Who is a relevant person

Regulation 2 defines 'relevant person' as a person, body or organisation that the registered person considers relevant in relation to the care, protection or safeguarding of a particular child in all the circumstances. There is no fixed statutory list of relevant persons. Who is relevant will depend on the children and the circumstances. The registered person must exercise judgement about who is relevant for each child.

Relevant persons and local bodies

Keep two concepts separate. Regulation 46(2) requires consultation with each 'relevant person' as defined by Regulation 2. Current Ofsted registration guidance, when preparing a location assessment for a registration application, expects providers to consult relevant local bodies and services including police and local authority children's services and to consider their views. Ofsted's registration list of local bodies is not the statutory definition of 'relevant person' under Regulation 2. A local body may also be a relevant person for a particular child, but that depends on the circumstances.

Initial assessment and annual review

Distinguish the initial location assessment from the ongoing annual review. Current Ofsted registration guidance requires a location assessment as part of the registration application. The assessment should demonstrate matters such as local need, whether the home is in the right place, safe and positive opportunities, known community risks and mitigation, compatibility with intended children's needs and Statement of Purpose, accessibility of services, transport, education, exploitation risks, isolation and proximity to other children's homes. These are current Ofsted registration expectations. Regulation 46 separately requires the registered person to review the appropriateness and suitability of the location of the premises at least once in each calendar year. The Ofsted registration-assessment headings are not individually listed in Regulation 46.

Neighbourhood and community

CHH practical guidance: the first thing to assess is the neighbourhood. What kind of area is the home in? Is it residential, commercial, rural, urban? What are the neighbouring properties? Are there other children's homes nearby, and if so, what is the potential for interaction between children from different homes? Current Ofsted registration guidance expects the assessment to consider proximity to other children's homes.

CHH practical guidance: the community matters because children will live in it. They will use local shops, parks, transport and services. They will encounter neighbours and other local people. Consider whether features of the local community could contribute to isolation, stigma or difficulty accessing ordinary community life. Current Ofsted registration guidance expects the assessment to consider positive opportunities and isolation. The assessment should consider how the local community is likely to respond to a children's home and how children will experience the area.

Child-centred question

CHH practical test: if a child walked out of this home and into the local area, would they feel like they belonged, or would they feel out of place and conspicuous?

Access to services and facilities

CHH practical guidance: children need access to a range of services: schools, health services (GP, dentist, CAMHS), leisure facilities, public transport, and community activities. Current Ofsted registration guidance expects the assessment to consider accessibility of relevant services and transport. The location assessment should consider what is available, how far away it is, and how children will get there.

CHH practical guidance: access to education is particularly important. If the child needs a school placement, is there a suitable school within a reasonable distance? If the child is not in school, what alternative provision is available locally? A location that requires long daily journeys to school may not be suitable for a child who has already experienced disruption. Current Ofsted registration guidance expects the assessment to consider education.

CHH practical guidance: access to health services matters too. Children in care often have higher health needs than their peers. The assessment should consider access to CAMHS, specialist services, and emergency healthcare.

Proximity to risks

CHH practical guidance: the location assessment should identify risks in the area and consider how they might affect children. Current Ofsted registration guidance expects the assessment to consider known community risks and hazards and mitigation. This includes: proximity to known offenders, areas where exploitation is known to occur, unsafe public spaces, and locations that may trigger specific risks for individual children.

CHH practical guidance: the assessment should be specific, not generic. Saying 'the area has some risks' is not an assessment. Identifying particular streets, establishments or patterns of concern, and explaining how the home will manage those risks, is what the assessment should do. This is practical guidance on method, not a statutory Regulation 46 format.

Impact on children's daily lives

CHH practical guidance: the location affects every aspect of a child's daily life. How far is it to school? Can they walk to shops or leisure activities? Can they see friends? Is there public transport? Can family contact happen reasonably? A location that looks good on paper but that isolates children or makes daily life difficult may not be suitable for those children. Current Ofsted registration guidance expects the assessment to consider how children will experience the area and whether they can access the services they need.

CHH practical guidance: the assessment should consider the practical reality of living in the location, not just the theoretical suitability. A rural location may be peaceful and safe, but if it means a child cannot get to school, see their family, or access activities, it may not be suitable. An urban location may have good access to services but may expose children to risks that need careful management. Current Ofsted registration guidance expects the assessment to consider isolation and access to services.

Assessing for specific children

A location that is suitable for one child may not be suitable for another. The initial location assessment considers the general suitability of the area for children's residential care. The ongoing assessment considers whether the location is suitable for the specific children living in the home.

CHH practical guidance: for example, a location near a former associate of a child may not be suitable for that child. A location near a school where a child was excluded may be problematic. Child-specific location risks may need consideration through Regulation 12 safeguarding, Regulation 14 care planning and matching, and individual risk assessment. Regulation 46's fixed statutory frequency is at least once in each calendar year. The resource should not imply that Regulation 46 itself requires a new formal location assessment every time a child is admitted. CHH good practice: consider whether the location still works for the children actually living there when new children are admitted.

Documentation and review

The location assessment should be documented. Regulation 38 includes annual Regulation 46 reviews among the documents that must be kept accessible. The document should be available for Ofsted to review during registration and inspection. Current Ofsted guidance says there is no set format for a location assessment. The document should show that the provider has genuinely considered the location, not just ticked boxes. The Regulations do not prescribe a template, score, risk matrix, signature format or page length.

Regulation 46 requires a review at least once in each calendar year. CHH and safeguarding good practice: the assessment should be reviewed sooner where material changes occur in local risks, local services, children's needs, or use of the premises. Regulation 46 itself does not expressly contain a 'whenever circumstances change' trigger. Separate ongoing safeguarding and care-planning duties mean providers should not ignore significant new risks between annual reviews. A location assessment that is done once and never revisited is not adequate.

How Ofsted assesses location

Current Ofsted registration guidance requires the location assessment with the SC1 application. Inspectors will ask for evidence of contact with the host local authority and how the assessment informed plans for the home. During inspection, inspectors may explore whether the location continues to be suitable and how the home manages any location-related risks. CHH practical guidance: a home with a thorough location assessment that is used in practice will be in a stronger position than one with a paper assessment that does not reflect reality.

Current Ofsted SCCIF: inspectors may explore how children experience the local area, whether they can access the services they need, and whether the home manages location-related risks well. CHH practical guidance: a home with a thorough location assessment that is used in practice will be in a stronger position than one with a paper assessment that does not reflect reality.

Common location assessment mistakes

• Completing an annual Regulation 46 review without consulting and taking account of the views of each relevant person
• Completing a generic checklist without genuine knowledge of the area
• Not considering how children will actually experience the location
• Not assessing access to specific services the children will need
• Not identifying specific risks, only noting that risks exist in general
• Not revisiting the assessment when the area or the children change
• Treating the assessment as a registration requirement rather than an operational tool
• Not considering proximity to risks for specific children, only general area risks
• Assuming Regulation 46 requires a new formal location assessment every time a child is admitted