Regulation 40: Serious Incident Notifications to Ofsted in Children's Homes
The definitive guide to Regulation 40 notifications for children's homes in England. What must be reported, the legal duty to notify without delay, seriousness decisions, writing strong notifications, and how Ofsted uses notifications.
Regulation 40 of the Children's Homes (England) Regulations 2015 requires children's homes to notify Ofsted without delay of specific categories of event: the death of a child, a Safeguarding Vulnerable Groups Act referral of a person working in the home, known or suspected sexual exploitation, a serious incident requiring police involvement, an allegation of abuse against the home or a person working there, and the start and conclusion of a child protection enquiry. The law says "without delay." Ofsted's operational guidance says most reports should be made within 24 hours where possible. Not every incident is automatically notifiable, but any other incident the registered person considers serious must also be notified. Notification is separate from the safeguarding response: act first, then notify without delay.
In this guide
- What Regulation 40 legally requires and the difference between mandatory categories and judgement-based "other serious incidents"
- The distinction between the law ("without delay"), Ofsted operational guidance (within 24 hours where possible), and Hub practical guidance
- Each mandatory notification category: death, SVGA referral, sexual exploitation, serious police involvement, allegations, and child protection enquiry start and conclusion
- How to decide whether an "other incident" is serious, using the Hub seriousness factors tool
- How to write a strong notification, including separating facts from allegations and providing the registered person's evaluation
- What happens after notification, how Ofsted uses notifications, and how to handle updates
- How to use decision records when deciding not to notify, and how to maintain a Regulation 40 Register
- The connection between Regulation 40, Regulation 44, and Regulation 45
- Common mistakes and misunderstandings about Regulation 40, including police involvement, missing episodes, and self-harm
The current position
Regulation 40 of the Children's Homes (England) Regulations 2015 requires the registered person to notify Ofsted and other relevant persons when certain serious events occur. It does not require notification of every incident. Some categories are mandatory. Others depend on whether the registered person considers the incident serious. Understanding which is which is the core of good Regulation 40 practice.
As at 16 August 2026, Regulation 40 of the Children's Homes (England) Regulations 2015 remains in force. The registered person must notify HMCI (Ofsted) and other relevant persons without delay when specified serious events occur. The regulation lists mandatory categories (including sexual exploitation, serious police incidents, allegations of abuse, and child protection enquiries) and includes a judgement-based category for any other incident the registered person considers serious. Notifications must be made or confirmed in writing and must include details of the matter, other persons notified, and actions taken. Ofsted's current operational guidance 'Tell Ofsted about a serious incident in a children's home or secure children's home' explains how Ofsted asks providers to make notifications in practice, including the expectation that most reports are made within 24 hours where possible. The SCCIF was updated on 1 April 2026. The Hub's recommendations on building a reliable notification system, keeping a Regulation 40 Register, and using decision records are practical advice, not legal requirements.
What Regulation 40 requires
Regulation 40 creates two tiers of notification duty. The first tier is mandatory: if a specified event occurs, the registered person must notify without delay. The second tier is judgement-based: if any other incident relating to a child occurs which the registered person considers serious, the registered person must also notify without delay.
Regulation 40(4): the mandatory notification categories
Two additional mandatory categories apply in specific circumstances. The death of a child triggers a wider notification duty under Regulation 40(1). A referral of a person working in the home under section 35 of the Safeguarding Vulnerable Groups Act 2006 triggers notification under Regulation 40(3).
Who must be notified
For most Regulation 40 categories, the registered person must notify Ofsted and each other relevant person. The duty to notify other relevant persons sits alongside the Ofsted notification, not instead of it.
For the death of a child, the notification list is wider. The registered person must notify Ofsted, the placing authority, the Secretary of State (if not the placing authority), the local authority in whose area the home is located (if not the placing authority), the integrated care board for the area, and in the case of a secure children's home, the Prisons and Probation Ombudsman.
Other agencies being informed does not remove the Ofsted duty
Regulation 40(5): what a notification must include
Mandatory notification
Judgement-based notification
Events specifically covered
The following sections explain each mandatory category. Secure children's homes have additional notification duties (serious accident or injury, absconding, and unauthorised contact) which are noted where relevant but are not the focus of this guide.
Death of a child
If a child dies, Regulation 40(1) requires notification without delay to a wider list of persons and bodies than for any other category. Ofsted's current operational guidance says the death of a child should be reported immediately.
The Ofsted serious incident reporting form for a death asks for: a brief summary of the incident; the cause of death, including the date of diagnosis or time of the incident that led to death; any treatment the child received and hospital admission details; and actions taken by staff and managers at the time.
Your emergency system must work at 3am on Sunday
Safeguarding Vulnerable Groups Act referrals
Where a person working in the home is referred to the Disclosure and Barring Service under section 35 of the Safeguarding Vulnerable Groups Act 2006, Regulation 40(3) requires notification without delay to Ofsted, the placing authority, and each other relevant person.
The trigger is the referral, not the barring decision
The Ofsted form asks for: a brief summary; the date of referral; the role of the person referred; the reason for referral; the date and reference number of any previous notification relating to this person; and actions taken and planned prevention measures.
Known or suspected sexual exploitation
Regulation 40(4)(a) requires notification where a child is involved in or subject to sexual exploitation, or is suspected of being involved in or subject to sexual exploitation. The word "suspected" is important. You do not need to wait for proof.
The Ofsted form asks for: a brief summary of the incident or incidents; the reasons that have led you to believe a child has been sexually exploited; and actions taken and planned prevention measures.
Explain the basis for your suspicion
Serious incidents requiring police involvement
Regulation 40(4)(b) requires notification where an incident requiring police involvement occurs in relation to a child which the registered person considers to be serious. This category is often misunderstood.
Ofsted's current guidance confirms that you do not need to send a serious incident report about police involvement just because you are in contact with the police about an incident. Usually this means the police are taking action on an incident in your service, for example making an arrest, taking witness statements, or responding to an incident in the home.
If the police are helping you with another incident that you are already reporting, and you do not consider their involvement requires a report in its own right, you can mention on that incident report that the police are helping. You do not need to send a separate report about police involvement.
Situation
A child loses a phone. You obtain a police incident number for insurance purposes. That is police contact. It does not necessarily mean a serious police-involvement notification.
Why it matters
The seriousness threshold is not met. This is administrative police contact, not a serious incident requiring police involvement.
Situation
Police attend after a serious assault, a weapon allegation, an arrest, or a significant criminal incident involving a child.
Why it matters
The seriousness threshold looks very different. This is an incident requiring police involvement which the registered person may consider serious.
Allegations of abuse
Regulation 40(4)(c) requires notification where there is an allegation of abuse against the home or a person working there. Ofsted's current guidance confirms that any allegation of abuse against your service or a member of staff must be reported.
An allegation is an allegation
Notification is not an admission
The Ofsted form asks for: a summary of the allegation; and actions taken by staff and managers at the time and planned prevention measures.
Allegations Against Staff, LADO and Whistleblowing
The full guide to managing allegations against adults working in children's homes, including LADO processes and whistleblowing.
Child protection enquiries: start and conclusion
Regulation 40(4)(d) requires notification where a child protection enquiry involving a child is instigated, and again when it concludes. The conclusion notification must include the outcome.
Ofsted's current guidance is clear: you must send one serious incident report when a child protection enquiry starts and another report when it finishes. Do not use the reporting form to send other updates about an enquiry. If you have already reported a child protection enquiry and want to provide an update, email your allocated inspector.
Ofsted's approach to updates
Other serious incidents
Regulation 40(4)(e) requires notification where there is any other incident relating to a child which the registered person considers to be serious. This is the judgement-based category and is covered in detail in the next chapter.
Deciding whether another incident is serious
The "other serious incident" category requires the strongest management judgement. It is not a loophole. It is a legal duty to notify where the registered person genuinely considers an incident serious, even if it does not fall within a specific mandatory category.
The statutory Guide to the Children's Homes Regulations gives examples of incidents likely to be considered serious, including: a child being the victim or perpetrator of a serious assault; a serious illness or accident; a serious incident of self-harm; and serious concerns around missing behaviour.
Ofsted's current guidance gives similar examples: serious assault, serious complaints against the service, child illness, and self-harm. The key word throughout is "serious."
- Actual harm: Did the child suffer harm, and how serious was it?
- Potential harm: Could the incident have led to serious harm even if it did not?
- Vulnerability: Does the child's age, history, or current situation increase the concern?
- Unusual nature: Is this incident out of the ordinary for this child or this home?
- Escalation: Is this incident more serious than previous similar incidents?
- Repeated pattern: Is this part of a pattern, and does the cumulative effect make it serious?
- Agency involvement: Are the police, health services, or other agencies involved?
- Impact on other children: Does the incident affect other children in the home?
- Management concern: Does the registered person have a genuine concern about the incident?
- Wider safeguarding implications: Does the incident point to a wider safeguarding issue?
The seriousness assessment should be holistic. No single factor is likely to be decisive on its own. A minor injury with no escalation and no pattern may not be serious. The same injury as part of an escalating pattern may be very serious.
Managing an incident well means it no longer needs notifying.
Good management of an incident does not make it non-notifiable. If the incident meets a mandatory category or the seriousness threshold, it must be notified regardless of how well staff responded. In fact, good management is something to record in the notification.
Seriousness is determined by whether the incident is embarrassing for the home.
Seriousness is determined by the impact on the child and the safeguarding implications, not by reputation. An incident handled quietly may be very serious. An incident that looks dramatic may not be. The question is whether the registered person considers it serious.
When and how to notify Ofsted
Regulation 40 uses the phrase "without delay." Ofsted's current operational guidance explains what this means in practice.
Ofsted's current timescale guidance
Regulation 40 gives us 24 hours to notify.
The law says "without delay." The 24-hour figure comes from Ofsted's operational guidance, which says reports should be made where possible within 24 hours. If a serious incident happens and all necessary initial information is available sooner, do not delay until the 24-hour mark. If gathering information takes longer than 24 hours, Ofsted recognises this may happen.
The notification is not the safeguarding response
Notifications are made through the Ofsted serious incident reporting form, available on GOV.UK. The form asks for: your unique reference number (URN); the type of incident; your contact details and the details for your service and relevant staff; when and where the incident happened; details of the child involved and the initials of all staff involved; the registered person's evaluation of the incident and actions taken; and whether you have informed other relevant people or organisations.
To alert Ofsted in urgent situations, particularly if there is a lot of press interest, you can call 0300 123 1231. This does not replace the formal notification through the reporting form.
Writing a strong notification
A strong notification helps Ofsted understand what happened, what you did, and what you are doing about it. It also helps you demonstrate good management. The form asks for the registered person's evaluation of the incident and actions taken, which is your opportunity to show professional judgement.
- What happened: a factual summary of the incident, distinguishing fact, allegation, and third-party information
- When and where: the date, time, and location of the incident
- Who was involved: the child (using initials only as required by the form), and the initials of all staff involved
- Immediate action: what staff and managers did at the time
- Safeguarding action: what safeguarding response was taken, including any medical treatment or police involvement
- Other agencies: who else has been informed, including placing authority, local authority, and health services
- Management oversight: how the registered person evaluated the incident and what actions were taken
- Current position: where things stand now, including any ongoing risks or actions
- Planned actions: what prevention measures or follow-up steps are planned
- Reference: the notification reference number (for updates and tracking)
Separating facts from allegations
A common weakness in notifications is blurring fact and allegation. If a child alleged that something happened, say that the child alleged it. Do not state the allegation as fact. If a staff member gave an account, say it was their account. If something is confirmed, say it is confirmed.
Avoid defensive writing
The registered person's evaluation
The form asks for the registered person's evaluation of the incident and actions taken. This is where you show professional judgement. A stronger evaluation explains: why the incident met a Regulation 40 category or the seriousness threshold; what the immediate safeguarding response was; what management oversight was applied; and what learning or prevention measures follow.
What happens after notification
When you submit a serious incident report through the Ofsted form, your Ofsted record will automatically update. Ofsted uses notifications as regulatory information to monitor the home and identify any patterns or concerns.
A notification is automatically a bad mark against the home.
A notification is regulatory information. Ofsted uses it to understand what is happening in the home. A well-managed incident that is properly notified is not automatically a negative. What matters is whether the home safeguarded the child, took appropriate action, and is learning from the incident.
Updates after an initial notification
Do not use the serious incident form to send updates about an incident you have already reported. For child protection enquiries, email your allocated inspector if you need to provide an interim update. For other incidents, keep your notification reference number and use it if you need to provide further information.
If a child protection enquiry concludes, you must submit a second notification through the form. This is not an update; it is a separate mandatory notification under Regulation 40(4)(d)(ii). The conclusion notification must include the outcome of the enquiry.
Multi-building children's homes
For multi-building children's homes, Ofsted asks providers to make it clear on the notification form which building the incident took place in, or which building the child lives in if the incident relates to a specific child.
Management oversight and learning
Regulation 40 is not just about sending a form. It is about the management system that ensures serious events are identified, notified, and learned from. Several connected regulations and processes support this.
Decision records for non-notification
When you decide not to notify Ofsted of an incident, record the decision and the reasoning. "Not notifiable" does not mean "not important." A decision record shows that the registered person considered the incident and made a deliberate judgement. This protects the home and the manager if the decision is later questioned.
What a decision record should contain
The Regulation 40 Register
A Regulation 40 Register is a Hub practical recommendation for tracking all Regulation 40 decisions, whether you notified or decided not to. It helps you identify patterns, ensures conclusion notifications are made for child protection enquiries, and provides evidence for Regulation 44 and Regulation 45 reviews.
- Date and time of the incident
- Brief description of what happened
- Which Regulation 40 category was considered
- Decision: notified or not notified
- If notified: date and time of notification, reference number
- If not notified: reason for the decision and decision record reference
- Other agencies informed (placing authority, police, health)
- For child protection enquiries: start date, reference, and conclusion tracking
- Management review and learning identified
Regulation 44 and Regulation 45 connections
Regulation 44 (independent visits) and Regulation 45 (quality of care review) both provide oversight of the home's management of serious incidents. The independent visitor and the quality of care review should examine the Regulation 40 Register and the home's response to serious incidents.
Regulation 44: Independent Visits to Children's Homes
How the independent visitor provides monthly scrutiny of the home, including its response to serious incidents.
Regulation 45: Review of Quality of Care
How the six-monthly quality of care review examines patterns, outcomes, and learning from serious incidents.
Child-centred questionWhen you review this incident, what happened to the child, how were they protected, what did they experience, and what has the home learned that will make their life better next time?
Common mistakes and misunderstandings
The following are genuine misconceptions that the current official position corrects. Each is based on the verified framework set out above.
Police involvement automatically means a Regulation 40 notification.
Not all police involvement is notifiable. The category is an incident requiring police involvement which the registered person considers serious. If the police are helping with another incident you are already reporting, you can mention their involvement on that report rather than sending a separate one.
Every missing episode must be notified to Ofsted.
A child going missing from a non-secure children's home does not automatically create a Regulation 40 notification. It may fall under the "other serious incident" category where there are serious concerns about the child's welfare, but each episode requires a seriousness judgement. Patterns and escalation may make repeated missing episodes serious.
Every instance of minor self-harm requires a Regulation 40 notification.
Ofsted's current guidance says providers do not usually need to submit a serious-incident notification for self-harm resulting in minor injuries. But serious self-harm, or a cumulative pattern of self-harm, may be notifiable. The statutory Guide says homes should consider frequency and cumulative effect.
If we have told the placing authority or the police, we do not need to tell Ofsted.
Informing other agencies is part of your safeguarding response. It does not satisfy your separate duty to notify Ofsted under Regulation 40. If a mandatory category applies or the incident is serious, notify Ofsted regardless of who else you have informed.
We should wait for the investigation to conclude before notifying.
Regulation 40 requires notification without delay. You do not need the full picture to notify. For child protection enquiries, you notify at the start and again at the conclusion. For other incidents, you notify with the information available at the time and update if needed through your allocated inspector.
Practical tools and audit
The following tools bring together the guidance in this resource. They are Hub practical recommendations, not statutory requirements. Use them to build a reliable notification system.
- Every staff member knows what types of incident may be notifiable
- There is a clear process for staff to escalate concerns to the manager
- The manager (or delegated deputy) can be reached out of hours
- The Ofsted serious incident reporting form is accessible and the URN is known
- The emergency system for a death notification identifies who contacts whom
- A decision record is used when deciding not to notify
- A Regulation 40 Register tracks all decisions, notifications, and references
- Child protection enquiry start and conclusion notifications are tracked
- The Register is available for Regulation 44 and Regulation 45 review
- Staff training covers the distinction between mandatory and judgement-based categories
For worked scenarios applying Regulation 40 to real situations, including minor arguments, serious assaults, police involvement, missing episodes, self-harm, allegations, exploitation, medication errors, and restraint incidents, use the practical companion guide.
- What exactly happened?
- Was a child harmed or at risk of harm?
- How serious was the harm or risk?
- Is police involvement required?
- Is a child protection enquiry likely?
- Could this indicate a systemic problem?
- Would an inspector expect to have been notified?
- What is the potential impact on the child?
- Are there cumulative patterns with other incidents?
- What is the worst-case scenario if this escalates?
- Details of the matter (what happened, when, who involved)
- Other persons, bodies or organisations notified
- Actions taken by the registered person
- The registered person's evaluation
- Planned prevention measures
- Correct home identification (for multi-building homes)
- Whether this is an initial notification or a conclusion
- Whether police are involved and how
- Whether the placing authority has been informed
- Whether the child's social worker has been informed
- Is there a clear system for identifying notifiable incidents?
- Are all staff aware of what must be reported?
- Does the system work outside office hours?
- Are notifications made without delay?
- Are decision records kept for non-notifications?
- Is there a Regulation 40 Register?
- Are patterns and themes reviewed?
- Is learning fed back into practice?
- Are notifications shared with the placing authority?
- Are Regulation 44 and 45 visitors informed?
- Who is authorised to make the notification decision?
- Who makes the notification if the manager is unavailable?
- How is the Ofsted online form accessed out of hours?
- Who contacts the placing authority?
- Who contacts other relevant persons?
- How is the notification confirmed in writing?
- How is the notification recorded?
- Who provides follow-up and updates?
- What happens if the on-call manager cannot be reached?
- Is the system tested regularly?
Regulation 40: Worked Scenarios and Quick Decision Guide
The practical scenario companion to this guide, with worked examples for common incident types and a quick-decision reference.
Missing From Care: The Complete Guide
Prevention, risk assessment, searching, police involvement, return interviews, and exploitation in the context of missing from care.
Key takeaways
- 01Regulation 40 requires notification of specific categories of event and other incidents the registered person considers serious, not every incident
- 02The law says "without delay." Ofsted's guidance says most reports should be within 24 hours where possible, but more time is recognised where information is being gathered
- 03Notification is separate from the safeguarding response: protect the child first, then notify without delay
- 04An allegation is an allegation: it does not have to be proven to be notifiable, and notification is not an admission
- 05Child protection enquiries need both a start notification and a conclusion notification with the outcome
- 06Use a decision record when deciding not to notify, and maintain a Regulation 40 Register to track all decisions
Related resources
Guides and tools that connect to this one.
Allegations Against Staff, LADO and Whistleblowing in Children's Homes
A practical deep dive into managing allegations against staff in children's homes in England, covering what counts as an allegation, the four Working…
Medication Management and Regulation 23 in Children's Homes
A practical deep dive into medication management in children's homes in England, covering Regulation 23, Regulation 23 vs Regulation 10, medication po…
Regulation 40: Worked Scenarios, Decision Tools and Audit
The practical companion to the definitive Regulation 40 guide. Twenty worked scenarios, the Hub Seriousness Test, decision recording, notification tem…
Missing From Care: Prevention, Response, Return Interviews and Ofsted Expectations
A practical deep dive into missing-from-care practice for children's homes in England, covering what "missing from care" means, missing vs away withou…
Regulation 12: The Protection of Children Standard: Safeguarding, Risk, Missing, Exploitation, Allegations and Helping Children Become Safer
A practical guide to Regulation 12 for children's homes in England, covering safeguarding, risk assessment, missing from care, exploitation, self-harm…
What to do next
Sources and further reading
This guidance references the following official sources. Always consult the underlying legislation and official guidance where appropriate.
Statutory guidance
Department for Education · Statutory Guidance · Regulation 40
Accessed 2026-08-11
Ofsted guidance
Ofsted · Ofsted Guidance · Regulation 40
Accessed 2026-08-11
About this guidance
The Children's Home Hub aims to make regulatory and operational information easier to understand and use. This page is an independent summary and does not replace the underlying legislation, statutory guidance or official Ofsted guidance. Where a topic has legal or regulatory implications, you should consult the original sources listed above and seek professional advice where appropriate.