'From trait to state': how Ofsted might consider conceptualising vulnerability for inspection and regulation - Regulatory information

This organisation regulate providers of social housing who are registered with them. The regulatory standards for landlords includes the Transparency, Influence and Accountability (TI&A) Standard. This sets an expectation that landlords understand the differing needs of tenants and take steps to meet those needs. Landlords determine how they best meet the needs of tenants.  

This regulator does not have a definition of vulnerability but has a Code of Practice. This helps landlords understand how they can meet the TI&A Standard. They give examples of how registered providers can take action to deliver fair and equitable outcomes for tenants to meet our expectation that providers consider the diverse needs of tenants.

The IfATE Equity, diversity and inclusion strategy says:  

We are particularly focusing on vulnerable and disadvantaged apprentices and students, such as those who have experienced the care system and disabled people, and how they can best access technical education opportunities.

The FCA has Guidance for firms on the fair treatment of vulnerable customers. This says:  

A vulnerable customer is someone who, due to their personal circumstances, is especially susceptible to harm - particularly when a firm is not acting with appropriate levels of care.

Our view of vulnerability is as a spectrum of risk. All customers are at risk of becoming vulnerable, but this risk is increased by having characteristics of vulnerability. These could be poor health, such as cognitive impairment, life events such as new caring responsibilities, low resilience to cope with financial or emotional shocks and low capability, such as poor literacy or numeracy skills…. 

Not all customers who have these characteristics will experience harm. But they may be more likely to have additional or different needs which, if firms do not meet them, could limit their ability to make decisions or represent their own interests, putting them at greater risk of harm. So, the level of care that is appropriate for these consumers may be different from that for others. 

Their definition of vulnerability is similar in parts to the definition proposed in this report. Both definitions identify the potential for everyone to experience vulnerability and that a range of factors contribute to vulnerability. Both specify that vulnerability can lead to increased risk of harm or poor outcomes.  

A report published by PHE called No child left behind (2020), says this: 

For the purposes of this report, ‘vulnerable children’ are defined as any children at greater risk of experiencing physical or emotional harm and/or experiencing poor outcomes because of one or more factors in their lives.

The Ombudsman Services do not have an organisation wide agreed definition of vulnerability. It was recognised that vulnerability is complex and influenced by a range of factors. It is something that changes over time and is influenced by contextual factors. People in vulnerable situations are at risk or may not be able to protect themselves from things like harm, influence, mistreatment or misinformation. It was recognised that personal, societal and organisational factors can lead to vulnerability. They have a list of vulnerable groups but also consider individual circumstances. 

The Authorised Professional Practice (APP) and guidelines provide guidance for everyone in policing. This states that a vulnerability assessment should take account of the appearance and behaviour of the detainee, any signs of illness or injury, their style and level of communication, collaborative information from all sources and the circumstances and environment in which they were found.

The HMICFRS thematic inspection on vulnerability says that research, data analyses and inspection reports show that many people taken into police custody are vulnerable in some way, and that detention in police custody can be particularly detrimental to their welfare. They say vulnerabilities may take many forms and describe a list of vulnerabilities. HMICFRS recognises that people may have more than one vulnerability and they are not mutually exclusive.  

The NMC don’t have an organisational definition of vulnerability or inclusion but inclusion was a current area of focus. Vulnerability was considered to be fluid and something that changes over time. It is individual rather than being about a specific set of conditions.  

ICVA is not a formal inspector or regulator. Custody Visitors play a monitoring role and are volunteers. ICVA uses PACE Code C 1.13 (d) and HMICFRS view of vulnerability. 

The FCA, Ombudsman Services and NMC organisations identify the changing nature of vulnerability and the importance of context. They indicate how intersectionality influences vulnerability.