Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight

Public Accounts Committee finds widespread use of illegal children’s homes amid systemic placement failures

Date:19 JAN 2026
Third slide
A new report from the Public Accounts Committee (PAC) has identified serious and persistent failures within England’s residential care system, revealing that hundreds of vulnerable children are being placed for extended periods in accommodation that is operating unlawfully.

The PAC’s inquiry into the financial sustainability of children’s care homes found that in September 2024 nearly 800 children, approximately one in ten of all children in residential care at that time, were living in homes or supported accommodation that were not registered with Ofsted. Operating a children’s home without registration is unlawful, and such settings fall outside routine inspection and regulatory oversight.

While local authorities maintain that unregistered placements are used only as a last resort when no regulated provision is available, evidence from the Children’s Commissioner presented to the Committee indicates that these placements are not short-term. On average, children placed in unregistered settings during 2024 remained there for around six months, raising concerns about safeguarding, care quality and legal compliance.

The use of unregistered accommodation is particularly concerning in cases where children are subject to deprivation of liberty orders. During 2024, 1,280 children were held in care without their consent under such orders, yet some were accommodated in settings lacking lawful registration or inspection.

Shortage of placements and uneven geographical provision

The report describes a residential care system under sustained pressure from a shortage of appropriate placements, with marked regional disparities. Almost half of children in residential care are placed more than 20 miles from their family home, and there are currently no secure children’s home places available in London.

These distances, the PAC notes, impede effective social work oversight, limit children’s access to local services and family contact, and increase pressures on already stretched local authority teams. The Committee has called on the Department for Education (DfE) to set out how it will ensure provision is developed in areas of greatest need.

The DfE has indicated that reforms to address the shortage of places may take up to two years to have a measurable impact. In the meantime, efforts to reduce demand by expanding the foster care workforce have shown limited success. The number of foster households fell by 9% between March 2020 and March 2024 (excluding kinship care), alongside an increase in the use of semi-independent placements for older children.
Family Court Practice, The
Family Court Practice, The
Order the 2025 edition
£949
Family Law Reports
Family Law Reports
"The unrivalled and authoritative source of...
£509.99
Emergency Remedies in the Family Courts
Emergency Remedies in the Family Courts
"A very good tool for the busy family lawyer"...
£519.99
Escalating costs and market concerns

The PAC report also highlights the financial consequences of a constrained and fragmented market. As local authorities compete for limited placements, costs have risen sharply, with total spending on children’s residential care in England almost doubling over five years to £3.1 billion in 2023–24.

The Committee found that the DfE lacks a clear strategy for managing demand or stabilising costs, leaving local authorities exposed to price volatility. Data from the Competition and Markets Authority shows that in 2022 the fifteen largest providers of children’s social care achieved average profit margins of 22.6% for children’s homes, with fees rising by an average of 3.5% above inflation annually.

Seven of the ten largest providers are owned by private equity firms. The PAC expressed concern that private equity ownership can limit financial transparency and may involve high levels of debt. Despite private providers delivering the majority of residential placements, the DfE does not have a comprehensive understanding of their financial resilience.

During the inquiry, the DfE acknowledged that in some areas providers were generating “significant” profits. Evidence presented to the Committee suggested that excessive profitability was more prevalent among private-equity-owned groups, whereas smaller practitioner-led homes were less likely to achieve high margins.

Call for urgent reform

The PAC concludes that the normalisation of unlawful placements reflects a system operating beyond its limits, with insufficient oversight of both care standards and provider finances. The Committee has urged the government to act urgently to restore regulatory compliance, improve placement availability, and strengthen its understanding of the children’s social care market.

For family law practitioners, the findings raise significant questions about placement legality, the use of deprivation of liberty orders, local authority decision-making under resource pressure, and the broader implications for children’s welfare and rights within the care system.
Categories:
News