Regulation 27: Appointment of Manager

1. What Regulation 27 requires

Regulation 27 places a duty on the registered provider to appoint a person to manage the home. This duty arises where: (a) there is no registered manager in respect of the home; and (b) the registered provider is an organisation or a partnership, does not satisfy the fitness requirements in Regulation 28, or is not, or does not intend to be, in day-to-day charge of the home.

The effect is that every children's home must have someone managing it. If the registered provider is an individual who satisfies Regulation 28 and is in day-to-day charge, they may manage the home themselves. Otherwise, a separate person must be appointed.

2. Notification to HMCI

If the registered provider appoints a person to manage the home, the provider must, without delay, give HMCI notice of the name of the person appointed and the date on which the appointment takes effect. This is separate from the registration of a manager under the Care Standards Act 2000.

3. Relationship with Regulation 28

Regulation 27 is about the appointment of a manager. Regulation 28 is about the fitness of the manager. A person appointed under Regulation 27 must also satisfy the fitness requirements in Regulation 28, which cover integrity, good character, experience, qualifications, skills, and physical and mental fitness.

The distinction matters because a provider cannot simply name anyone as manager. The person must be fit for the role. If the provider intends to register that person as the registered manager, they will need to complete the Ofsted registration process.

4. What happens when there is no registered manager

Where a home has no registered manager, the current SCCIF confirms that Ofsted will take Regulation 27 into account. The provider must ensure someone is appointed to manage the home and that HMCI has been notified. A home operating without a registered manager and without an appointed manager under Regulation 27 is a regulatory concern.

The Regulation 48 notice of absence duty also interacts with Regulation 27. If the person in day-to-day charge is absent for 28 days or more, HMCI must be notified, and arrangements must be made for running the home during the absence.

5. Related guidance