Criterion HS227
The Director of Regulation must be notified at the same time as any specified agencies when there is a serious injury, illness, or incident involving a child while at the service.
The Director of Regulation must also be notified as soon as possible if the service’s child protection policy requires a notification to any agency (such as Oranga Tamariki or New Zealand Police) relating to a child while attending the service.
The Director of Regulation must also be notified as soon as possible of the following incidents:
a child leaves the premises without the knowledge of an adult, regardless of the duration
a child is locked inside the premises after operating hours
a child is taken from the service by someone not authorised in writing to do so
a child is left behind or goes missing during an excursion.
Documentation required (written or digital)
A copy of the notification sent to any specified agency, and summary of any notification or report of concern sent to Oranga Tamariki or NZ Police.
Where applicable, a copy of the service’s investigation into the incident, including recorded outcomes and any supporting documentation.
Guidance
How to show you are complying
1. Notifying ERO at the same time as other agencies
If a serious injury, illness, or incident occurs involving a child at your service, you must notify the ERO at the same time as you inform any other specified agency.
These agencies may include, but are not limited to:
WorkSafe New Zealand, under health and safety legislation
the Teaching Council of Aotearoa New Zealand, in relation to teacher conduct and registration
and the Office of the Privacy Commissioner, where the incident involves a breach of personal information.
"At the same time" means you must notify the ERO with as little delay as possible.
Notify means to inform the ERO—either via phone or email. If by phone then an email should follow to confirm and include the notification to the agency.
What the Ministry will do when they are notified
The Ministry will provide advice and support as needed depending on the circumstances.
Other agencies may investigate, and the ERO will also consider whether the incident or accident requires assessment against the licensing criteria or regulations. Where there is a traumatic incident the Ministry’s Traumatic Incident team is available for support.
Other incidents, accidents and injuries
Other incidents or accidents at an early childhood home-based service that do not require notification to a specified agency do not need to be notified to the Ministry. However, ERO may be able to provide support and services are encouraged to let the Ministry know.
2. Child protection policy requires notification to a relevant agency
Your child protection policy should cover both abuse and neglect that may occur within the service by adults, as well as any disclosures from children about abuse or neglect happening outside the service, such as in their home.
Anyone can report suspected abuse or neglect. If you or any adult providing education and care at the service have concerns or suspicions, you must follow your child protection policy. If this process leads to notifying another agency—such as the Teaching Council or Police—you must also notify the ERO as soon as possible.
“As soon as possible” means within 24 hours of managing the incident, especially when emergency services are involved.
3. Notify ERO as soon as possible in specific situations
The Ministry must be notified as soon as possible if:
a child leaves the premises without adult knowledge
a child is locked inside the premises after hours
a child is taken by someone not authorised in writing
a child is left behind or goes missing during an excursion.
"As soon as possible" means you must notify the Ministry as soon as possible after the incident is managed, within 24 hours, especially if emergency services are involved.
Documentation requirements
You must keep records (either written or digital format):
a copy of the notification sent to a specified agency
a summary of any report or concern sent to Oranga Tamariki or NZ Police.
Where applicable, a copy of the service’s investigation, including outcomes and supporting documentation.
When assessing whether you comply with HS128
Questions we are likely to ask
Can you describe how you ensure your records, including those related to incidents and child protection, meet privacy and confidentiality requirements?
Can you walk me through the steps you would take to notify the ERO if you needed to activate your child protection policy in response to suspected abuse or neglect?
Can you explain what you would do if a child left the service unexpectedly, was left behind, or went missing? How would you notify the ERO in such a situation?
What systems or processes do you have in place to ensure that notifications to ERO and other agencies are made accurately and in accordance to the criterion?
We are likely to request
A copy of a notification sent to any specified agency, and summary of any notification or report of concern sent to Oranga tamariki or New Zealand Police.
If applicable, a copy of the service’s investigation into the incident, including recorded outcomes and any supporting documentation.
The tools below are here to support you, but you do not have to use them. You can use other tools or methods that work better for your service.
Each agency has its own threshold for notification, but all notifiable situations are serious. For this reason, whenever you need to notify another agency, we must also be notified.
For further information, contact the Education Review Office.
WorkSafe
You must notify WorkSafe if there is an accident or injury that happens at your service that meets their threshold for notification
Teaching Council
In certain circumstances, you must make a mandatory report to the Teaching Council about the competency or suitability of a registered or certificated teacher. If you make a mandatory report to the Teaching Council, you must also notify ERO.
Reporting a concern – Teaching Council of Aotearoa New Zealand
Office of the Privacy Commissioner
If you have a privacy breach that could result in serious harm to someone, then you must notify ERO and the Office of the Privacy Commissioner.
NotifyUs Report privacy breaches - Office of the Privacy Commissioner
A tool to support the investigation of incidents
SES Injury and incident procedure flowchart [PDF, 154KB]
Timely and accurate incident reporting makes sure that services are prioritising children’s safety and well-being. It also facilitates coordinated responses between ERO and other agencies.
Doing more than the basics can shape better outcomes for children. Here are some ideas or examples you might like to consider:
make sure staff are familiar with the definitions of serious injury, illness, and incident
maintain up-to-date contact details for specified agencies
review and update child protection policies regularly
establish clear internal procedures for incident response and notification.
Services offering transport to and from the service should have clear policies outlining responsibilities.