The Children Act 2004 (as amended by the Children and Social Work Act 2017 (opens in a new tab)) states that where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel (opens in a new tab) (the Panel), and by extension the Department for Education and Ofsted, if:
(a) the child dies or is seriously harmed in the local authority’s area, or
(b) while normally resident in the local authority’s area, the child dies or is seriously harmed outside England.
The local authority must also notify the Secretary of State for Education and Ofsted where a looked after child has died, whether or not abuse or neglect is known or suspected.
The statutory duty to notify the Panel, and by extension the Department and Ofsted, came into effect from 29 June 2018. Prior to this, notifications were made only to Ofsted.
Serious harm includes (but is not limited to) serious and/or long-term impairment of a child’s mental health or intellectual, emotional, social or behavioural development. It also covers impairment of physical health.
The statistics show the number of incidents notified in the period, rather than the number of incidents that occurred in the period and are based on one notification per incident, which can relate to more than one child in some instances.
The local authority should notify the Panel within 5 working days of becoming aware that the incident has occurred. However, in some cases, there can be delays in notifications being submitted. In addition, whilst reporting has improved in recent years, the Department is aware that, in some instances, not all incidents that meet the definition for a serious incident are notified.