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Blackpool Social Work and Safeguarding ServiceProcedures Manual

Notifications of Significant Events

SCOPE OF THIS CHAPTER

This chapter sets out who must be notified of specified events in relation to Looked After children placed with Fostering Agencies or in Children's Homes.

Please note – when a Looked After Child dies, any notifications required under this chapter are in addition to the requirement for local authorities to notify the national Child Safeguarding Practice Review Panel (using the Child Safeguarding Incident Notification System) within 5 days of becoming aware that a child has died. See: Death or Serious Injury to a Child (Looked After and Child in Need) Procedure.

RELEVANT GUIDANCE

Tell Ofsted about an Incident - Online Forms and Guidance

AMENDMENT

In January 2020 this chapter was substantially updated and should be re-read.

Contents

  1. Children Placed with Fostering Agencies
  2. Children Placed in Children's Homes
  3. Accidents or Illness - Notifying the Health and Safety Executive (HSE)

1. Children Placed with Fostering Agencies

Regulation 36 and Schedule 7 of the Fostering Services Regulations 2011 set out the arrangements for notifications in relation to significant events.

Click here to view Schedule 7 Events and Notifications table.

Independent Fostering Agencies should use the online notification form to notify Ofsted of a specified event.

Fostering Agencies should have a system in place to ensure notifications are made within 24 hours and that a written record of actions and outcomes is kept.

Whenever there is a serious injury or safeguarding concern, the Fostering Agency should notify the placing/responsible authority and, where the placement is located in a different local authority to the placing/responsible authority, the area authority should also be notified, (particularly where there may be a need for ensuring appropriate enquiries are made under Section 47 Children Act 1989).

Note also that the National Minimum Standards (NMS 29.3) requires notification to the responsible authorities, (the Responsible Local Authority and Clinical Commissioning Group), of any serious concerns about the emotional or mental health of a child, such that a mental health assessment would be requested under the Mental Health Act 1983.

2. Children Placed in Children's Homes

See: Tell Ofsted about an Incident - Online Forms and Guidance.

Regulation 40 (safeguarding notifications) of the Children's Homes (England) Regulations 2015 sets out the arrangements for notifications by the registered person in relation to serious events which should be shared with Ofsted.

Notifications to Ofsted should be made by using the online notification form.

In urgent situations, Ofsted can be contacted by telephone (0300 123 1231). You will need your URN (Unique Reference Number) and full postal address when completing a form. If you are not able to submit the form online, it can printed and sent to Ofsted at:

Notifications
Ofsted Business Unit
Piccadilly Gate
Store Street
Manchester
M1 2WD

SERIOUS INCIDENT WHO TO NOTIFY
Death of a child.

Ofsted;

The placing authority;

The Secretary of State for Children (if the Secretary of State is not the placing authority);

The local authority in whose area the children's home is located (if different to the placing authority);

The Clinical Commissioning Group for the area in which the home is located;

If the child was accommodated in a secure children's home, the Prisons and Probation Ombudsman for England and Wales ("the PPO"); and

Any other relevant person.[1]
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

Ofsted;

The placing authority; and

Any other relevant person.

Child is involved in, or subject to, or suspected of being involved in or subject to sexual exploitation.

Ofsted;

The placing authority;

The local authority in whose area the children's home is located (if different to the placing authority) which will have responsibility for ensuring appropriate enquiries are made under Section 47 of the Children Act 1989;

The Police;

Any other relevant person.

Any allegation of abuse against the home or a person working there.

Ofsted;

The placing authority;

The local authority designated officer (LADO) for the area where the home is located;

Any other relevant person.

Instigation or conclusion of any Child Protection Enquiry involving a child resident in the children's home.

Ofsted;

The placing authority;

The local authority in whose area the children's home is located (if different to the placing authority) which will have responsibility for ensuring appropriate enquiries are made under Section 47 of the Children Act 1989;

Any other relevant person.

[1] "relevant person" means any person, body or organisation that the registered person considers to be relevant in relation to the care, protection or safeguarding of a particular child in all the circumstances.

Additional Notifications

The Children's Homes Regulations also require notifications to be made to Ofsted, the placing authority and other relevant persons in the following circumstances:

  1. An incident requiring Police involvement occurs in relation to a child which the registered person considers to be serious; and
  2. There is any other incident relating to a child which the registered person considers to be serious.

Deciding whether an incident is ‘serious’ and warrants notification to Ofsted will depend on many factors, including the age of the child, the frequency of the incident(s), the nature of any injuries sustained, any additional needs the child has and the context of the home. In some instances the cumulative effect of frequent incidents may make a notification appropriate even if the individual event would not warrant this.

Police involvement does not mean the Police have been informed of an incident; rather involvement implies that they are actively doing something concerning the incident, for example making an arrest or taking witness statements.

Incidents which are likely to be considered serious, and thus warrant notification to Ofsted as well as the placing authority, include:
  • A child being the victim or perpetrator of a serious assault;
  • A serious incident of self harm;
  • Serious concerns over a child’s missing behaviour, such as where you consider the child to be at grave risk due to their age or vulnerability or where they have been missing for a considerable period of time and their whereabouts are unknown. (Please note - Ofsted do not need to routinely know about children going missing, even if the Police are called out to help look for them. However, this information should always be shared with the placing authority).

A serious illness or accident would include matters such as fractured bones, when a child loses consciousness or situations that require admittance to hospital for more than 24 hours. Ofsted do not need to be notified about injuries such as sprains, strains or falls that have happened in the course of regular childhood experiences. This is the case even if the child is taken to the local accident and emergency department to have the injury checked out, unless it results in the child being admitted to hospital for more than 24 hours. If the injury has been sustained as part of a wider incident, for example a restraint or during a child running away, it may be appropriate to notify Ofsted. However Ofsted do not need to know if a child becomes ill and is not admitted to hospital.

Self-harm incidents that result in minor or superficial injuries do not need to be reported to Ofsted. However, homes should have in place a system for notifying responsible authorities of any serious concerns about the emotional or mental health of a child to the extent that a mental health assessment would be requested under the Mental Health Act 1983.

This is not an exhaustive list, and each case must be assessed individually taking into account any patterns of behaviour or unusual behaviour that may indicate an increased risk to the child.

Sharing Information with the Placing Authority

Regardless of whether Ofsted are notified, the home must always share any concerns about the child or their behaviour with the placing authority, in order to safeguard the child and promote their welfare.

Sending Updates to Ofsted

Ofsted do not need to be sent updates in relation to any notifications made, though it may be appropriate to share updates with the placing authority and other relevant persons.

There may be occasions when an inspector will ask for an update following a serious incident because this would be helpful in understanding what has happened and the action that you have taken. In these situations, the inspector is likely to ask for additional information directly by email rather than through a series of further notifications.

3. Accidents or Illness - Notifying the Health and Safety Executive (HSE)

Ofsted do not need to be notified of accidents or illnesses in Children's Homes.

Where a child or member of staff is involved in a serious accident in the home, the HSE should be informed. The outbreak of any infectious disease (which in the opinion of a registered medical practitioner is sufficiently serious to be so notified) should also be reported.

See HSE website for forms to report incidents to the HSE.

For more information, see HSE – Reporting of Injuries, Diseases and Dangerous Occurrences.