Regulation 3: Excepted Establishments and the Scope of the Children's Homes Regulations

1. What Regulation 3 covers

Regulation 3 is a boundary-setting provision at the beginning of the Regulations. By excluding specific types of establishment from the definition of a children's home, it clarifies which entities are subject to the subsequent requirements, such as the Quality Standards, the need for a Statement of Purpose, and the various operational and record-keeping duties outlined in the remainder of the statutory instrument.

The regulation is about scope, not about standards. It does not set care requirements. It tells you whether the Regulations (and the registration regime behind them) apply to your establishment at all.

2. Excepted establishments

The establishments excepted from the definition of a children's home include: institutions within the further education sector; 16 to 19 Academies (excluding secure 16 to 19 Academies); establishments providing accommodation for holidays or cultural, educational, recreational or sporting activities for no more than 27 days in any 12-month period; premises used for childcare for no more than 27 days in any 12-month period; establishments providing accommodation for children aged 16 and over for apprenticeships, training, holidays, or cultural, educational, recreational or sporting purposes; holiday schemes for disabled children; approved bail or probation hostels; and institutions for the detention of young offenders.

3. Why this matters when opening a home

If you are planning to open a children's home, Regulation 3 is the first question to resolve: do the Regulations apply to your establishment at all? Most providers opening a children's home will be within scope and will need to register with Ofsted. But if your model of provision sits close to one of the excepted categories, you need to understand the boundary before investing in registration.

If you are unsure whether your establishment falls within an exception, you should seek legal advice and contact Ofsted's registration team for clarification. Providing accommodation to children without the required registration is a criminal offence.

4. Related guidance

If your establishment is within scope and you need to register, the following CHH guides cover the registration process and the foundational requirements that apply once the Regulations bite: