Regulation 33 Supported Accommodation: Managing a Registered Service Manager’s Absence

Regulation 33 of the Supported Accommodation (England) Regulations 2023 is frequently misdescribed as the serious-incident notification rule. It is not. Regulation 33 governs what happens when the registered service manager will be absent continuously for 28 days or more.

The purpose is continuity. Ofsted needs to know who will manage the undertaking, what authority and experience that person has, and how children will continue to receive a safe and consistent service.

What Regulation 33 covers

If the registered service manager proposes to be absent for a continuous period of at least 28 days, the registered provider must give written notice to Ofsted and ensure arrangements are made to limit disruption to the service.

The duty sits with the registered provider. It is not enough for the departing manager to tell colleagues informally or add leave to a calendar. The notification and the continuity arrangements should be recorded at provider level.

Planned absence: the notice and deadline

For a planned absence, the notice must be given no later than one month before the absence begins, unless Ofsted agrees to a shorter period. The notice must specify:

• the length or expected length of the absence;
• the reason for the absence;
• the management arrangements during the absence;
• the name, address, qualifications and experience of the person who will be responsible; and
• arrangements for appointing another person to manage, including the proposed appointment date.

Send the notice through the current Ofsted route used for changes to a social care service and retain the submitted form, confirmation and any correspondence.

Emergency or unforeseen absence

When advance notice is impossible, the provider must notify Ofsted within one week of the absence beginning. The notice must still include the expected duration, reason, management arrangements, details of the responsible person and any plan to appoint another manager.

If the required notice has not been given within the applicable deadline, Regulation 33 says it must be given without delay. A late notification should be honest about the dates and should explain what interim controls were put in place from day one.

Emergency cover should not depend on one person holding all the knowledge. Access to safeguarding information, incidents, staffing, premises risks, complaints and regulatory correspondence needs to remain available to authorised leaders.

Continuity plan checklist

A strong handover should cover current safeguarding risks, children due to move in or out, staffing gaps, complaints and allegations, outstanding Regulation 27 notifications, incomplete Regulation 32 actions, premises issues, and scheduled meetings or inspections.

Notify Ofsted when the manager returns

The registered provider must notify Ofsted of the manager’s return to duty no later than seven days after the return date. Close the continuity record only after checking that all decisions, incidents and actions from the absence have been handed back and reviewed.

If the absence extends beyond the original estimate or the cover arrangements change, update Ofsted and your internal plan promptly rather than allowing the original notification to become inaccurate.

Common mistakes

• treating 28 days as a reminder point rather than the threshold that requires advance notice;
• naming temporary cover without defining their authority or availability;
• providing a job title but not the required qualifications and experience;
• failing to update Ofsted when arrangements or dates change;
• forgetting the seven-day return notification; and
• maintaining formal cover on paper while day-to-day oversight is disrupted.

For a connected view of staffing, incidents, actions and service oversight, explore OVcare for supported accommodation. A single, permission-controlled system makes continuity easier to demonstrate when leadership changes temporarily.

Official sources

• The Supported Accommodation (England) Regulations 2023, Regulation 33
• Ofsted: responsibilities of supported accommodation providers and managers

Frequently asked questions

What absence triggers Regulation 33?

A proposed continuous absence of the registered service manager lasting 28 days or more triggers Regulation 33. The provider must notify Ofsted in writing and make arrangements that limit disruption to the service.

How much notice is required for a planned absence?

Unless Ofsted agrees to a shorter period, written notice must be given no later than one month before the absence begins.

What if the manager’s absence is unexpected?

For an emergency or unforeseen absence, the registered provider must give the required notice within one week of the absence beginning and put appropriate continuity arrangements in place.

Are serious-incident notifications made under Regulation 33?

No. Serious-event notifications for supported accommodation are governed by Regulation 27. Regulation 33 is specifically about the registered service manager’s absence.

---

This article provides general information for services in England. It is not legal advice and does not replace the Regulations, Ofsted guidance or professional judgement.