Regulation 33 Explained: Understanding Notifications and Serious Incident Protocols in Supported Accommodation

DESCRIPTION
A practical guide to Regulation 33 for supported accommodation providers, covering what incidents must be reported, how to notify Ofsted, and how platforms like OVcare can support compliance and risk management.
When
June 2025
Who
Paula Martinez
As supported accommodation for 16- and 17-year-olds becomes a regulated activity under Ofsted oversight, providers must now navigate a new set of expectations. One of the most critical and frequently misunderstood obligations is Regulation 33 of The Supported Accommodation (England) Regulations 2023, which sets out duties around notifying Ofsted about certain serious incidents.

Failing to make timely and accurate notifications under Regulation 33 can have serious consequences. Ofsted inspectors will review incident histories as part of their judgement about how well a provider safeguards young people. At the same time, over-reporting or misclassifying incidents can indicate a lack of confidence or clarity in your risk protocols.

This article provides supported accommodation providers with a clear, actionable guide to Regulation 33. It explains which incidents must be reported, when and how to do it, and how digital systems like OVcare can help you stay compliant without being overwhelmed.

What Is Regulation 33 and Why Does It Matter?

Regulation 33 requires the registered provider to notify Ofsted without delay when certain serious events occur involving young people in supported accommodation. It mirrors similar provisions found in children's homes regulations but is tailored to the supported accommodation context—where young people are developing independence but still need safeguarding.

The purpose of Regulation 33 is twofold: to ensure that Ofsted has timely visibility of risks and to promote a culture of openness, accountability, and continuous improvement across the sector.

Providers that fail to comply with notification requirements risk receiving a poor inspection outcome, and in extreme cases, enforcement action. Moreover, timely notification helps safeguard not just individual young people but also the reputation and legal standing of the organisation.

Which Incidents Must Be Notified?

According to statutory guidance and Ofsted's operational advice, the following types of incidents must be notified under Regulation 33:

Death of a young personSerious harm or injury to a young person, especially if it requires medical attention

Allegations of abuse or serious safeguarding concerns, including physical, sexual, emotional abuse, or neglect

A serious incident where a child is missing, particularly if they are known to be vulnerable

Serious criminal behaviour or arrest of a young person that poses a safeguarding risk

Police involvement in relation to a safeguarding concern, including a report from another agency

A serious complaint that indicates failure in the care or protection of young people

A breakdown in staffing arrangements that places young people at risk

Any event requiring emergency services intervention linked to the safety of young people

These categories are not exhaustive. The key threshold is whether the incident impacts the safety or welfare of a child in a way that is significant, unusual, or has long-term consequences.

What Does 'Without Delay' Mean in Practice?

The regulations state that providers must notify Ofsted "without delay." In practice, this means as soon as possible, and ideally within 24 hours of the provider becoming aware of the incident.

It’s essential that providers do not wait until all information is gathered. An initial notification can be submitted with key facts, and further details added later as part of a follow-up.

In cases where local safeguarding partners (such as the police, LADO, or MASH team) are involved, Ofsted does not expect duplication—but they do expect to be kept informed.

How Should You Notify Ofsted?

All Regulation 33 notifications must be submitted to Ofsted using the Ofsted Notification Portal, accessible through the provider’s account. Each notification must include:

• Date and time of the incident
• Nature of the incident and who was involved
• Immediate action taken by staff
• Any external agencies contactedOngoing plans to safeguard the child or others
• Senior staff involved in decision-making
• Any follow-up actions being implemented

Providers must ensure that notifications are accurate, proportionate, and use plain, professional language. Notification logs should be retained and be accessible during inspection.

Common Pitfalls and How to Avoid Them

Some of the most common errors providers make around Regulation 33 include:
Delays in reporting due to uncertainty about the threshold
Failing to notify at all when an incident is deemed “internal” or “manageable”
Confusion about roles, particularly in dispersed or multi-site services
Lack of audit trail, making it hard to prove notifications were submitted

To address this, services should develop a clear notification policy, train all senior staff on thresholds and timescales, and hold regular safeguarding reviews.

How OVcare Helps Providers Stay Compliant with Regulation 33

Managing incident notifications manually—especially across multiple homes or regions—can quickly become unmanageable. OVcare supports Regulation 33 compliance by offering built-in tools that:Some of the most common errors providers make around Regulation 33 include:

• Allow staff to log serious incidents in real-time, categorised by type
Trigger alerts to managers for incidents that meet the threshold
Automatically generate incident summaries that can be used to populate Ofsted’s notification forms
• Store all incident records securely, with full time-stamped audit trails

To address this, services should develop a clear notification policy, train all senior staff on thresholds and timescales, and hold regular safeguarding reviews.

By using OVcare to streamline incident logging and notification workflows, providers reduce administrative risk while increasing responsiveness and transparency—both key themes in recent Ofsted inspections.

Conclusion: Making Regulation 33 Work for Your Service

Understanding and implementing Regulation 33 is about more than ticking a compliance box. It’s about building a culture of safety, accountability, and trust within your service—and with your regulator. Clear protocols, confident decision-making, and robust digital systems all play a role in ensuring that serious incidents are handled appropriately and transparently.

By embedding Regulation 33 into daily practice—and using platforms like OVcare to reduce human error—supported accommodation providers can meet their duties confidently while continuing to focus on what matters most: the safety and progress of young people in their care.