Delegated Authorities and Notifiable Events

Untitled Document

REGULATIONS AND STANDARDS

The Protection of Children Standard
Regulation 40


Contents

  1. Notifications of Serious Events
  2. Regulation 41 - Notification with Respect to Children Admitted into, or Discharged from, a Children’s Home
  3. Regulation 42 - Notification of Offences
  4. Notifying the Regulatory Authority/HSE


1. Notifications of Serious Events

This procedure summarises who must be notified of serious events in relation to Looked After children placed in residential care.

Normally, notifications to outside agencies will be made by senior managers unless procedures state otherwise e.g. in relation to child protection concerns where there is a concern that the senior manager is implicated.

It is assumed that the home's manager and relevant social worker(s) are always notified. All notifications should be made without delay and within 1 working day of the event.

Event Who to notify
Death of a Resident.

Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)
The placing authority;

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

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

The Clinical Commissioning Group (CCG) (as defined in section 14D of the National Health Service Act 2006) for the area in which the home is located;

If the child was accommodated in a Secure Children’s Home, the Prisons and Probation Ombudsman for England and Wales (“the PPO”); and

Any other relevant person.
Referral pursuant to section 35[1] (Regulated activity providers: duty to refer) of the Safeguarding Vulnerable Groups Act 2006 (as amended), the registered person must without delay notify the DBS, anyone who has been removed or has removed themselves prior to being removed from involvement in a regulated activity.

Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)

The placing authority;

And other relevant persons

Allegation of abuse against the home or a person working there.

Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)
The Police

And other relevant persons

Involvement, is subject to or suspected involvement of a child in sexual exploitation. Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)
The Police
Any incident requiring Police involvement occurs in relation to a child which the Registered Person considers to be serious.

Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)

And other relevant persons

A Child Protection Enquiry involving a child is instigated; or
(ii)concludes (in which case, the notification must include the outcome of the child protection enquiry).

Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)

And other relevant persons

Any other incident relating to a child which the registered person considers to be serious. Outside Agencies:
Ofsted (National Business Unit: Tel 0300 123 1231)
The Health and Safety Executive

[1] www.legislation.gov.uk/ukpga/2006/47/section/35

The notification must include details of:

  1. The matter;
  2. The other persons, bodies or organisations (if any) who or which have been notified; and
  3. Any actions taken by the Registered Person as a result of the matter.


2. Regulation 41 - Notification with Respect to Children Admitted into, or Discharged from, a Children’s Home

The registered person must notify, without delay, the local authority for the area in which the home is located of every admission of a child into the home and every discharge of a child from the home.

A notification must state:

  1. The child’s name and date of birth;
  2. Whether the child is provided with accommodation under section 20 or 21 of the Children Act 1989(1);
  3. Whether the child is subject to a care or supervision order under section 31 of the Children Act 1989(2);
  4. The contact details for:
    1. The child’s placing authority; and
    2. The independent reviewing officer appointed for the child’s case; and
  5. Whether the child has an EHC plan or a statement of special educational needs and, if so, details of the local authority with responsibility for the EHC plan or for maintaining the statement of special educational needs.


3. Regulation 42 - Notification of Offences

If any of the following have been convicted of a criminal offence, they must notify HMCI giving details of the date and place of the conviction, the offence and the penalty imposed:

  • The Registered Provider;
  • The registered manager;
  • The Responsible Individual;
  • If the Registered Provider is an organisation, any director of that organisation;
  • If the Registered Provider is a partnership, any partner in that partnership.


4. Notifying the Regulatory Authority/HSE

4.1 The Regulatory Authority

Where a notification is required to the Regulatory Authority e.g. Ofsted, please go to the Ofsted website or use the Notifications form for providers of children's homes.

4.2 Health and Safety Executive

For information on notifying the Health and Safety Executive Incident Contact Centre:

T: 0845 300 99 23
E: riddor@connaught.plc.uk
www.hse.gov.uk/riddor/