The Children's Homes (England) Regulations 2015 No. 541

PART 5 E+W Policies, records, complaints and notifications

Notification of a serious event E+W

40.—(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 [F1 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;

(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).

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.