Criterion HS128#

1. The Ministry of Education 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.
2. The Ministry of Education 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.
3. The Ministry of Education 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 New Zealand 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. Notify the Ministry of Education

You must notify the Ministry of Education at the same time as you tell any other specified agency if any of the following happen to a child while at your service:

• serious injury
• illness
• incident occurs involving a child at your service.

'At the same time' means you must notify the Ministry with as little delay as possible.

'Notify' means to inform the Ministry of Education—either through phone or email. If by phone, then an email should follow to confirm and include the notification to the agency.

These agencies may include the following, 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.

What will the Ministry do when they are notified? 

The Ministry will provide advice and support as needed depending on the circumstances.  

Other agencies may investigate, and the Ministry 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. 

What about other incidents, accidents and injuries? 

Other incidents or accidents at an early childhood service that do not require notification to a specified agency do not need to be notified to the Ministry. However, the Ministry may be able to provide support, and services are encouraged to let the Ministry know.

2. When your child protection policy requires a 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 Ministry of Education as soon as possible. 

“As soon as possible” means within 24 hours of managing the incident, especially when emergency services are involved.

You should refer to HS125 for guidance on child protection policies.

HS125 Child protection

3. You must also notify the Ministry 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.