Regulation 40 Notification of a serious event

England and Wales

(1)

If a child dies, the registered person must without delay notify—

(a)

HMCI;

(b)

the placing authority;

(c)

the Secretary of State (if the Secretary of State is not the placing authority);

(d)

the local authority in whose area the children's home is located (if that local authority is not the placing authority);

(e)

the F1integrated care board (established under Chapter A3 of Part 2 of the National Health Service Act 2006) for the area in which the home is located;

(f)

if the child was accommodated in a secure children's home, the Prisons and Probation Ombudsman for England and Wales (“the PPO”); and

(g)

each other relevant person.

(2)

If a child accommodated in a secure children's home dies, the registered person must allow the PPO to investigate the death by—

(a)

granting the PPO access to—

(i)

the premises of the home; and

(ii)

the home's documents and records;

(b)

allowing the PPO to take away from the premises, securely, copies of any documents or records provided under sub-paragraph (a)(ii); and

(c)

if they consent, allowing the PPO to interview in private any children, parents or relatives, or persons working at the home.

(3)

If there is a referral of a person working in the home pursuant to section 35 (Regulated activity providers: duty to refer) of the Safeguarding Vulnerable Groups Act 2006 M1, the registered person must without delay notify—

(a)

HMCI;

(b)

the placing authority; and

(c)

each other relevant person.

(4)

The registered person must notify HMCI and each other relevant person without delay if—

(a)

a child is involved in or subject to, or is suspected of being involved in or subject to, sexual exploitation;

(b)

an incident requiring police involvement occurs in relation to a child which the registered person considers to be serious;

(c)

there is an allegation of abuse against the home or a person working there;

(d)

a child protection enquiry involving a child —

(i)

is instigated; or

(ii)

concludes (in which case, the notification must include the outcome of the child protection enquiry); or

(e)

there is any other incident relating to a child which the registered person considers to be serious.

(5)

A notification made under this regulation—

(a)

must include details of—

(i)

the matter;

(ii)

the other persons, bodies or organisations (if any) who or which have been notified; and

(iii)

any actions taken by the registered person as a result of the matter;

(b)

must be made or confirmed in writing.

(6)

In this regulation, references to the PPO include a person appointed by, or working on behalf of, the PPO for the purposes of an investigation under paragraph (2).

Annotations

Textual amendments

F1: Words in reg. 40(1)(e) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 81(2)

Marginal citations

M1: 2006 c.47 (“the SVGA 2006”). Section 35 was amended by: section 115 of, and Schedules 9 and 10 to, the Protection of Freedoms Act 2012 (c.9, “the PoFA 2012”) and S.I. 2012/3006.