Common Mistakes to Avoid When Reporting Under Reg 40
Timing is everything when it comes to Reg 40. You're expected to notify Ofsted as soon as possible — here are the most common mistakes homes make and how to avoid them.
Timing is everything when it comes to Regulation 40. You are expected to notify Ofsted as soon as possible — ideally within 24 hours of a serious incident. Despite this, many homes still make avoidable reporting errors that create risk, delay inspections, or undermine their safeguarding records.
1. Waiting Too Long to Report
A frequent error involves delaying reports whilst gathering complete information. The recommended approach is submitting known details promptly, with follow-up information provided later if required. Do not wait for a full picture — report what you know now.
2. Not Being Clear on What Counts as 'Serious'
Some homes over-report minor incidents whilst missing genuinely reportable issues. Situations that are always reportable include:
- Child deaths or serious harm
- Missing children requiring police involvement
- Abuse or safeguarding allegations
- Police attendance due to child-related incidents
3. Missing Key Details in Your Report
Reports must include the home's URN, dates, actions taken, and other agencies informed (LADO, social workers). Teams benefit from using a standard template to ensure comprehensive reporting every time.
4. Not Following Up with Updates
Incidents requiring ongoing investigation need both an initial notification and a conclusion notification. If you are simply providing more information on an incident you have already reported, you do not need to submit a new Reg 40 — but you must update Ofsted.
5. Lack of Communication With Other Agencies
Documentation of which services were consulted — social workers, police, health professionals, LADO — should feature in all reports. Regulators expect to see multi-agency working evidenced.
6. Reporting Every Minor Incident 'Just In Case'
Not all everyday incidents require reporting. A useful test: would this concern a parent of the child? If not, it is likely not Reg 40-reportable. Over-reporting dilutes the significance of genuine notifications.
7. Not Keeping Good Internal Records
Organisations require centralised logs documenting what was reported, when, and what actions were taken subsequently. These logs are reviewed at inspection and must be accurate and complete.
8. Not Realising Secure Homes Have Extra Requirements
Secure children's homes face different expectations regarding absconding, serious harm, and unauthorised contact reporting. If you manage a secure home, ensure your team is trained specifically on these additional obligations.
9. Staff Not Being Trained Properly
Reg 40 training should feature in induction programmes and be refreshed annually, with team discussions exploring grey areas and edge cases. Confidence in reporting is a safeguarding issue, not just an administrative one.
Quick Reg 40 Readiness Checklist
- All staff understand what counts as a serious incident
- Confident report submission using the correct Ofsted forms
- Initial notification made within 24 hours
- All key details included: URN, dates, actions, agencies informed
- Reports logged and filed centrally
- Whole team aware of reporting procedures — not just managers