I have just been tidying up my email folders and cam across the discussion
that took place in May this year about the keeping of records.
Recent experience of litigation for negligence while a dyslexic student was
in the school phase (The infamous Hillingdon case) suggests that not
keeping records means that there is a likely hood that you expose yourself
to action without the means to defend yourself if you destroy records too
soon. I am sure that some legal eagle will have a more exact estimate of
the time within which an action must be begun but I recall there being a
requirement that any action should start within three years of the person
knowing that they had suffered a loss. (Children are an exception and they
have to take action within three years of becoming an adult and those who
are severely incapacitated might never reach the time limit...) Of course
the interpretation of "knowing" would keep lawyers in work for a while!
To suggest that records could be destroyed immediately the person ceases to
be a student seems far too early.
To keep records until three years after the person has ceased to be a
student (anywhere?) seems quite close to the limit.
Perhaps five years after ceasing to be a student might be better but then
perhaps a student who feels they have been badly served might not gather
evidence to convince them of this until they failed to gain employment etc
...
In a minefield it is prudent to carry your anti-flack protection even when
you feel that you are walking a safe path.
Jeff
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This message was sent by Jeff Hughes
Chartered Educational Psychologist
Hughes & Co ([log in to unmask])
Special Needs Computing ([log in to unmask])
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