Regulation 42: Notification of Offences
Regulation 42 requires the registered provider, registered manager, responsible individual, directors and partners to notify HMCI in writing without delay of any criminal conviction. This explainer covers who must notify, what must be notified, and how this differs from Regulation 40 serious incident notifications.
Regulation 42 requires the registered provider, registered manager, responsible individual, directors (if the provider is an organisation) and partners (if the provider is a partnership) to notify HMCI in writing without delay of any criminal conviction, including the date and place of conviction, the offence, and the penalty imposed.
As at 19 August 2026, Regulation 42 of the Children's Homes (England) Regulations 2015 remains in force. It requires certain persons connected with a children's home to notify HMCI of criminal convictions.
Quick answer: what does Regulation 42 require?
1. Who must notify
The duty applies to: (a) the registered provider; (b) the registered manager; (c) the responsible individual, if one is nominated; (d) if the registered provider is an organisation, any director of that organisation; and (e) if the registered provider is a partnership, any partner in that partnership.
The duty is personal. The person convicted must give the notice, not the home or another person on their behalf. This means that a director who is convicted must notify HMCI even if they are not involved in the day-to-day running of the home.
2. What must be notified
The notice must include: (a) the date and place of the conviction; (b) the offence; and (c) the penalty imposed for the offence. The notice must be given without delay, and it must be in writing.
The duty applies to convictions in England and Wales and elsewhere. A conviction in another jurisdiction must still be notified.
3. Distinction from Regulation 40
Regulation 40 covers notification of serious events affecting children, such as death, serious illness, accidents, and safeguarding incidents. Regulation 42 covers notification of criminal convictions of the registered persons and those in governance positions.
These are distinct notification duties. A serious event involving a child triggers Regulation 40. A criminal conviction of a registered person, manager, RI, director or partner triggers Regulation 42. Both may apply to the same event, but the duties are separate and must be discharged separately.
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Sources and further reading
This guidance references the following official sources. Always consult the underlying legislation and official guidance where appropriate.
Legislation
Legislation · Legislation
Accessed 2026-08-19
About this guidance
A concise explainer on Regulation 42 of the Children's Homes (England) Regulations 2015, covering the duty to notify HMCI of criminal convictions.