The Children’s Homes (England) Regulations 2015

Notification of a serious event

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 clinical commissioning group (as defined in section 14D 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(1), 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).

(1)

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.