Local Authority & Police Consultation for Children's Homes: The Complete Process

By Launch44

Written from the primary sources · Updated 12 October 2026

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At a Glance

Ofsted's children's homes registration policy expects you to consult the local authority and the police for the home's area before you apply, and your application must describe how you made sure the location is suitable. The local authority consultation goes to children's services (not planning); the police consultation goes to the force's safeguarding or public protection unit. Neither body has a veto, but Ofsted weighs their responses. Consultations take 4–8 weeks and frequently cause delays.

Step-by-step guide to the local authority and police consultation process required before registering a children's home with Ofsted. Covers what Ofsted expects and the legal basis, typical timelines, what to do if the council or police object, and how to handle community opposition.

Key Facts

  • Expected by Ofsted's registration policy; the application must describe your location steps (Registration Regulations 2010, Sch 1 para 13(b))
  • Two separate consultations: local authority children's services and the local police force
  • Neither body has a veto; Ofsted makes the final registration decision
  • Typical response time: 4–8 weeks, but some authorities take longer
  • Start consultations as early as possible; they are a frequent cause of delay

The Consultation Requirement

Ofsted's children's homes registration policy expects providers to consult the local authority children's services and the police for the area where the home will be located, as part of showing the location is suitable. These consultations inform Ofsted's registration decision but do not determine it.

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What consultations are required before registration?

Before you apply, Ofsted's children's homes registration policy expects you to consult two bodies about the proposed location:

  • The local authority in whose area the home will be situated.
  • The chief officer of police for the police area in which the home will be situated.

These are separate consultations, with different recipients and different purposes.

Their purposes

  • The local authority consultation informs children's services about the proposed home and gives them the opportunity to comment on its suitability for the area.
  • The police consultation allows the police to flag any concerns about the proposed location, the provider, or the type of care.

Where the requirement comes from

The law requires your application to describe "the steps taken to ensure that the home is appropriately and suitably located", by reference to regulations 12(2)(c) and 46 of the Children's Homes (England) Regulations 2015 (Schedule 1, paragraph 13(b) of the Care Standards Act 2000 (Registration) (England) Regulations 2010). Consulting the police and children's services is how Ofsted's registration policy and the Department for Education's 2014 advice expect you to show that. Once registered, regulation 46 requires you to review the location at least once each calendar year.

Dealbreaker

Start both consultations as soon as you have an address, and keep proof that you did. Without evidence of a genuine attempt to engage both bodies, expect Ofsted to question your location assessment and your application to stall.

Note

Regulation 41 is a different duty: once you are operating, you must notify the home's local authority of each child's admission and discharge.

Key fact

Statute

A children's home application must describe the steps taken to ensure the home is suitably located (Care Standards Act 2000 (Registration) (England) Regulations 2010, Schedule 1, paragraph 13(b)); Ofsted's registration policy expects that to include consulting the police and local authority children's services.

Who receives the local authority consultation?

The local authority consultation goes to children's services, specifically the Director of Children's Services (DCS) or their designated representative.

Caution

This is not a planning consultation. It sits entirely separately from any planning permission process.

What the letter must include

  • The address of the proposed home.
  • The registered provider and proposed registered manager.
  • The type of care: therapeutic, SEMH, general residential.
  • The age range and number of beds.
  • A summary of your Statement of Purpose.

Keep the letter professional, factual, and concise. Some local authorities have a standard process and will acknowledge and respond within a set timeframe; others have no formal process, and you may need to chase.

Tip

Keep records of all correspondence: dates sent, follow-up attempts, and any responses. Ofsted will ask for evidence that you have consulted, not necessarily that the local authority responded positively.

Key fact

Statute

The local authority consultation is addressed to the Director of Children's Services or their designated representative, not to the planning department; it sits entirely separately from the planning permission process and must state the proposed home's address, the registered provider and proposed registered manager, the care type, age range, bed count, and a summary of the Statement of Purpose.

Who receives the police consultation?

The police consultation goes to the chief officer of police for the area, in practice the force's safeguarding unit, public protection unit, or partnerships team.

Write to them with the same information you provided to the local authority: address, provider details, care type, age range, and bed count.

What the police assess

The police may assess whether the proposed location raises specific concerns: proximity to known offenders, high-crime areas, or other risks relevant to the safety of looked-after children.

Response times vary widely

Some police forces have designated contacts for children's home consultations; others require you to navigate the general enquiries process. Response times range from 2 weeks to 6–8 weeks, and some forces never respond.

Tip

If you receive no response after a reasonable period (4–6 weeks), send a follow-up and retain evidence of your attempts. Ofsted recognises that some consultees do not respond, and evidence of a genuine consultation attempt is sufficient.

Key fact

Statute

The police consultation is addressed to the chief officer of police for the area (in practice the force's safeguarding unit, public protection unit, or partnerships team), and police response times vary from 2 weeks to 6–8 weeks, with some forces never responding; a documented follow-up after 4–6 weeks of silence satisfies the consultation obligation.

What does Ofsted expect from the consultations?

Ofsted does not require a positive response from either the local authority or the police. What they require is evidence that you have made a genuine, documented consultation attempt, and that attempt should sit alongside the home's location assessment.

What to keep

  • Copies of your consultation letters.
  • Proof of postage or email delivery receipts.
  • Copies of any responses received.
  • Records of follow-up attempts where no response was received.
  • Evidence of how you have considered and addressed any issues raised.

Dealbreaker

If the local authority or police raise concerns, Ofsted expects you to have engaged with them, not ignored them. If the police flag that the location is in a high-crime area, your Statement of Purpose and risk assessments should demonstrate how you will mitigate that risk.

Ofsted weighs the consultation responses alongside all other evidence when making a registration decision, but neither body has a statutory power to prevent registration.

Key fact

Statute

Neither the local authority nor the police has a statutory veto over children's home registration; Ofsted requires evidence of a genuine documented consultation attempt (outgoing letters, delivery receipts, follow-up records) rather than a positive response, and a non-response after documented follow-ups is acceptable evidence that you consulted.

How long do consultations take, and how do you avoid delays?

Consultations typically take 4–8 weeks, and you avoid delays by starting them early. They are one of the most common causes of registration delay precisely because providers start them too late.

Tip

Begin your consultations as soon as you have confirmed your premises and care model, at the same time as you begin preparing your application documents, not after.

The recommended pattern

  • Allow 4–8 weeks for responses, though some authorities take longer.
  • Send your consultation letters by tracked post and by email where you can identify a relevant address.
  • Follow up after 3 weeks if you have not received an acknowledgement.
  • Follow up again at 6 weeks with a clear statement that you will proceed with your Ofsted application and note the consultation attempt.

If your application meets Ofsted's priority criteria, the host authority also has to email Ofsted to confirm local need; that is a separate step from this consultation, and you still need the police consultation as well.

Key fact

Statute

Local authority and police consultations typically take 4 to 8 weeks and are a frequent cause of children's home registration delay; best practice is to send both letters by tracked post and email as soon as premises and care model are confirmed, follow up at 3 weeks if no acknowledgement, and send a final follow-up at 6 weeks noting intent to proceed with the Ofsted application.

What should you do if the local authority or police object?

If the local authority or police object, engage with the objection substantively. It does not kill your application, but it complicates it.

Ofsted will expect you to demonstrate that you have taken the objection seriously, understood the specific concerns, and can articulate how your proposal addresses them.

Common objections

  • Over-saturation of children's homes in the area.
  • Safeguarding concerns about the specific location.
  • Concerns about the provider's experience or the registered manager's suitability.
  • Generic opposition without specific grounds.

How to respond

  • For substantive objections, consider whether there are genuine risks you have not addressed, and whether you can modify your proposal to mitigate them.
  • For unfounded objections, prepare a clear, factual rebuttal.

Dealbreaker

Ofsted is the decision-maker, not the local authority or police, but an unaddressed objection will weigh against you.

Key fact

Statute

An objection from the local authority or police does not prevent registration but must be addressed: Ofsted expects substantive objections (location saturation, safeguarding concerns, provider experience) to be met with a modified proposal that mitigates the risk, and unfounded objections to be met with a clear factual rebuttal; an unaddressed objection weighs against the application.

How do you deal with political and community opposition?

Deal with political and community opposition by staying professional and factual and refusing public arguments. Opposition from residents, councillors, or community groups is often driven by stigma and misconception rather than legitimate safeguarding concerns.

Community opposition has no statutory basis here

Important

The location consultation Ofsted expects involves only children's services and the police. Community opposition has no statutory basis in the registration process; Ofsted does not consult neighbours.

Planning permission is a separate process handled by the local planning authority, where neighbours may have standing to object on planning grounds: traffic, parking, change of use. Keep the planning permission evidence separate from the local authority and police consultation file.

How to handle it

If you face community opposition, remain professional and factual, and do not engage in public arguments. If opposition manifests as councillor pressure on the local authority's consultation response, note that the consultation is a children's services function; elected members should not be directing professional assessments. Document any inappropriate pressure and, if necessary, raise it with Ofsted as context.

Key fact

Statute

Community opposition from neighbours, councillors, or local groups has no statutory basis in the Ofsted children's home registration process. Ofsted does not consult neighbours, and the location consultation it expects involves only children's services and the police; neighbour objections belong to the separate planning permission process handled by the local planning authority on planning grounds such as traffic and change of use.

How should you document consultation outcomes?

Document consultation outcomes by maintaining a complete consultation file that you can provide to Ofsted as part of your registration application.

What the file should contain

  • Copies of your outgoing consultation letters, to both the local authority and police.
  • Proof of postage or email delivery receipts.
  • Copies of all responses received, including acknowledgements.
  • Records of follow-up correspondence and telephone calls: dates, names, content.
  • Your written analysis of any issues raised and how you have addressed them.
  • Any modifications you made to your proposal as a result of consultation feedback.

Present this documentation clearly and chronologically. Ofsted inspectors process many applications and will appreciate a well-organised consultation record.

Tip

If you did not receive a response despite documented attempts, state this clearly and provide the evidence trail. This is entirely acceptable. The obligation is to consult, not to obtain consent.

Key fact

Official guidance

Neither the local authority nor the police has a statutory power to prevent children's home registration; Ofsted makes the final decision after considering consultation responses alongside all other evidence.

Frequently Asked Questions

Can the local authority stop me from opening a children's home?

No. The local authority does not have a veto over children's home registration. Ofsted expects you to consult them, but Ofsted makes the final registration decision. The local authority can raise concerns, and Ofsted will consider those concerns, but an objection does not automatically prevent registration. What matters is whether you have addressed any legitimate concerns raised.

What if the police don't respond to my consultation?

This is common. Some police forces do not have a formal process for responding to children's home consultations. If you receive no response after 4–6 weeks despite documented attempts (initial letter plus at least one follow-up), this is acceptable to Ofsted. Keep your evidence trail: copies of letters, proof of postage, records of follow-up attempts. The obligation is to consult, not to receive a response.

Is the local authority consultation the same as planning permission?

No, they are entirely separate processes. The local authority and police consultation goes to children's services and police about the suitability of the proposed home from a care and safeguarding perspective. Planning permission is handled by the local planning authority and concerns the use of the property (C2 use class). You may need both, but they involve different departments, different considerations, and different timelines.

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