{
  "url": "https://openlegislation.uk/childrens-homes-england-regulations-2015/regulation-40",
  "json_url": "https://openlegislation.uk/childrens-homes-england-regulations-2015/regulation-40.json",
  "legislation": "uksi/2015/541",
  "legislation_title": "The Children's Homes (England) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/childrens-homes-england-regulations-2015",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Notification of a serious event",
  "text": "(1) If a child dies, the registered person must without delay notify—\n(a) HMCI;\n(b) the placing authority;\n(c) the Secretary of State (if the Secretary of State is not the placing authority);\n(d) the local authority in whose area the children's home is located (if that local authority is not the placing authority);\n(e) the integrated 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;\n(f) if the child was accommodated in a secure children's home, the Prisons and Probation Ombudsman for England and Wales (“the PPO”); and\n(g) each other relevant person.\n(2) If a child accommodated in a secure children's home dies, the registered person must allow the PPO to investigate the death by—\n(a) granting the PPO access to—\n(i) the premises of the home; and\n(ii) the home's documents and records;\n(b) allowing the PPO to take away from the premises, securely, copies of any documents or records provided under sub-paragraph (a)(ii); and\n(c) if they consent, allowing the PPO to interview in private any children, parents or relatives, or persons working at the home.\n(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 , the registered person must without delay notify—\n(a) HMCI;\n(b) the placing authority; and\n(c) each other relevant person.\n(4) The registered person must notify HMCI and each other relevant person without delay if—\n(a) a child is involved in or subject to, or is suspected of being involved in or subject to, sexual exploitation;\n(b) an incident requiring police involvement occurs in relation to a child which the registered person considers to be serious;\n(c) there is an allegation of abuse against the home or a person working there;\n(d) a child protection enquiry involving a child —\n(i) is instigated; or\n(ii) concludes (in which case, the notification must include the outcome of the child protection enquiry); or\n(e) there is any other incident relating to a child which the registered person considers to be serious.\n(5) A notification made under this regulation—\n(a) must include details of—\n(i) the matter;\n(ii) the other persons, bodies or organisations (if any) who or which have been notified; and\n(iii) any actions taken by the registered person as a result of the matter;\n(b) must be made or confirmed in writing.\n(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).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/541/regulation/40",
    "retrieved_at": "2026-10-28T23:44:24.411959+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}