Supporting Young People with ADHD During Hot Weather
26.06.2026
When should you notify Ofsted? When should the police be involved? And how do you balance safeguarding with reducing the unnecessary criminalisation of children in care?
These were the key questions explored during Mentor’s webinar with former Ofsted Inspector Marie Born, where Registered Managers, Responsible Individuals and Directors shared their own experiences of navigating one of the most challenging areas of residential childcare.
While the regulations outline what should be reported, applying professional judgement in real life situations is rarely straightforward. Every child, every home and every incident is different.
Here are some of the key discussions and practical takeaways from the session.
Regulation 40 Isn’t About Reporting Everything
One of the biggest misconceptions discussed during the webinar was that every incident involving the police or every safeguarding concern should automatically result in a Regulation 40 notification.
In reality, Regulation 40 (or Regulation 27 for Supported Accommodation) exists to ensure Ofsted is informed about serious incidents that require regulatory oversight.
Marie explained that since Ofsted updated its guidance in 2023, the intention has been to reduce unnecessary notifications and allow providers to apply professional judgement more confidently. However, many managers still face uncertainty because the definition of “serious” is open to interpretation.
Professional Judgement Matters
One of the strongest themes throughout the discussion was that no two situations are the same.
A young person with a long history of self-harm may present very differently to someone experiencing their first incident.
Similarly, a child returning home with unexplained money may not immediately warrant a notification, but when considered alongside other concerns, it may indicate exploitation or increased vulnerability.
Rather than asking, “Does this incident fit a checklist?”, providers should ask:
- Has the level of risk changed?
- Is this behaviour different from the young person’s baseline?
- Does this represent an escalation?
- Would another professional reasonably consider this a serious safeguarding concern?
Professional judgement remains one of the most important leadership responsibilities within children’s services.
Tell the Story, Not Just the Timeline
One practical piece of advice repeated throughout the webinar was that notifications should never simply become a chronology of events. Instead, they should answer three questions:
What happened?
Provide a concise summary of the incident.
Why was it significant?
Explain why you considered the incident serious enough to notify Ofsted.
What happened next?
Describe the actions taken, what was learned and any changes made to risk assessments, behaviour support plans or care planning.
As Marie explained:
“Think beyond the incident itself. Explain the ‘so what?’ What has changed because of what happened?”
This evaluative approach not only provides greater clarity for inspectors but also demonstrates reflective leadership and continuous improvement.
Police Should Never Become a Behaviour Management Tool
Another important discussion centred around police involvement within children’s homes.
The updated National Protocol on Reducing the Criminalisation of Looked After Children reinforces that police should not be used for low-level behaviour management or situations where a reasonable parent would not have contacted the police.
Instead, providers should always consider:
- Can this situation be safely de-escalated?
- What has triggered the young person’s behaviour?
- Is there an underlying trauma response?
- Are restorative approaches more appropriate?
This doesn’t mean serious behaviour should be ignored. Rather, it recognises that children living in care often respond differently because of previous trauma and adverse childhood experiences.
The goal is to ensure responses are proportionate, therapeutic and focused on long-term outcomes.
Context Is Just As Important As The Incident
One of the most valuable conversations came from providers sharing real-life examples where the same incident could have been interpreted very differently depending on the individual child.
Participants discussed how factors such as:
- previous trauma
- exploitation risks
- emotional wellbeing
- missing episodes
- changes in behaviour
- support networks
all contribute to understanding whether an incident represents increased safeguarding concern.
Five Practical Questions Before Making A Notification
If you’re unsure whether an incident should be reported to Ofsted, ask yourself:
- Has something changed from this young person’s usual presentation?
- Does this incident indicate increased risk or vulnerability?
- Have I clearly documented my professional judgement?
- Have I recorded the actions we’ve taken and what we’ll do next?
- If an inspector reviewed this six months from now, would they understand why we made this decision?
These questions help move providers away from defensive reporting and towards confident, evidence-based decision making.
Building Confidence Through Reflection
One of the most encouraging parts of the webinar was hearing providers openly discuss the challenges they face.
Different inspectors may have different perspectives. Every home supports children with unique needs. There will always be situations that require careful judgement.
Rather than striving for perfection, the discussion focused on reflective practice, collaborative decision making and documenting professional reasoning.
As Marie encouraged attendees, if you’re genuinely unsure, seek advice, discuss the situation with your leadership team and record why you’ve reached your decision.
That reflection is often just as important as the notification itself.
Supporting Better Decisions with Mentor
Good safeguarding decisions rely on having the right information available at the right time.
Mentor helps providers build a complete picture by bringing together daily logs, safeguarding concerns, incidents, risk assessments, behaviour records and management oversight in one connected platform.
Rather than searching across multiple systems, leaders can quickly identify patterns, evidence decision making and demonstrate reflective practice during inspections.
Watch the Full Webinar
Supporting children’s services goes beyond software. That’s why every Mentor customer has free access to our monthly webinars, offering practical guidance, sector updates and expert insight from experienced professionals.
Previous sessions, including this webinar with former Ofsted Inspector Marie Born, are available to watch on demand through the Mentor Knowledge Base, exclusively for Mentor customers.
