ExplainerOfsted & Regulation

Regulation 51: Death of Registered Person

Regulation 51 requires notification to HMCI of the death of a registered person and sets out the duties of surviving registered persons and personal representatives, including continuity of care and time limits for operating without registration.

Last reviewed 2026-08-224 min read
What you need to know

Regulation 51 requires notification to HMCI of the death of a registered person. Where only one person is registered and that person dies, personal representatives may carry on the home for up to 28 days without registration, extended by HMCI up to one year, and must appoint someone to take day-to-day charge and have regard to children's welfare.

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Current Position

As at 19 August 2026, Regulation 51 of the Children's Homes (England) Regulations 2015 remains in force. It applies in the event of the death of a registered person in respect of a children's home.

What the Regulations Say

Quick answer: what does Regulation 51 require?

If more than one person is registered and one dies, the other must notify HMCI without delay. If only one person is registered and that person dies, the personal representatives must notify HMCI without delay and within 28 days set out intentions for the future of the home. Personal representatives may carry on the home for up to 28 days without registration, extended by HMCI up to one year.

1. Notification duties

If more than one person is registered in respect of a home and a registered person dies, the other registered person must notify HMCI of the death in writing without delay. If only one person is registered and that person dies, the personal representatives must notify HMCI in writing without delay of the death, and within 28 days of their intentions regarding the future running of the home.

2. Continuity of care

The personal representatives of a deceased registered provider may carry on the home without being registered for a period not exceeding 28 days, and for such further period as HMCI may determine, not exceeding one year. They must appoint a person to take day-to-day charge of the home during any period in which they carry on the home without registration, and must have regard to children's welfare when acting in relation to the operation of the home and its future.

3. Why this matters

The death of a registered provider does not remove the regulatory framework. Children living in the home remain entitled to safe, effective care. Regulation 51 ensures that HMCI is notified, that someone takes day-to-day charge, and that the future of the home is addressed within a defined timeframe.

Hub Practical Guidance

Where to go next

The Regulation 49 explainer covers notification of changes. The Regulation 50 explainer covers insolvency appointments. The Responsible Individual guide covers the provider's governance duties.

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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.

About this guidance

A concise statutory explainer on Regulation 51 of the Children's Homes (England) Regulations 2015, covering the duties arising on the death of a registered person.