SafeStepACADEMY

Regulation guide · 4 min read

Reg 40 notifications: what to tell Ofsted, and when

Regulation 40 lists the serious events you must tell Ofsted about. The rule for all of them is the same: without delay, made or confirmed in writing.

The events you must notify

  • The death of a child.
  • A worker being referred to the Disclosure and Barring Service.
  • Child sexual exploitation, known or suspected.
  • A serious incident that needs the police.
  • An allegation of abuse against the home or a person working there.
  • A child protection enquiry starting, and its outcome when it ends.
  • Any other incident the registered person considers serious.

Who else you tell

For each event you notify HMCI (Ofsted) and each other 'relevant person'. Regulation 2 defines a relevant person as anyone the registered person considers relevant to the care, protection or safeguarding of that child. In most cases that includes the placing authority. For a child's death, the regulation also names the placing authority, the host local authority and the health board, among others.

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What the notice must say

Regulation 40(5) requires each notification to give details of the event, who else has been told, and any action taken. It must be made, or confirmed, in writing.

What 'without delay' means

The regulation does not define it. Treat it as the same day. If you are not sure whether something counts as serious, notify: an unnecessary notification costs you ten minutes, a missed one costs you a requirement.

Make it routine

  • Keep a notifications log that matches your incident records line for line.
  • Name who notifies when the manager is off, and make sure they can log in.
  • Check the log against incidents every month.

Questions

Does a death have to be reported 'immediately'?

Regulation 40(1) uses the same wording as the other events: without delay. In practice you act straight away.

Is an allegation against staff always notifiable?

Yes. An allegation of abuse against the home or a person working there is listed in Regulation 40(4). You also refer it to the LADO within one working day.

This guide explains the law in plain English. It is not legal advice, and your home's policy may set tighter timescales.

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