If you are talking about children looked after in care than claire from
hampshire is correct.
If you are talking about other social care - children records than I would
suggest you use the Records Management Society retention guidelines for
local authorities.
http://www.rms-gb.org.uk/Retention%20Guidelines%20for%20Local%20Authorithies%20version%201.pdf
When I researched this area in support of the development of the above I
did not find any definitive guidance in this area.
I would guess the change in your organisation from20 to 25 years is to do
with statute of limitations where by a child can sue 6 years and 6 months
after they reach the age of 18 (ie 25). This though does not adequately
cover litigation under our duty of care/educate. Under these duties someone
can commence action indefinitely (actually 6 years and 6 months after they
become aware of a problem). At the end of the day the retention period in
this area is all about the amount of risk that your authority is willing to
carry balanced against the reduction in that risk bought about by holding
on to these records.
Previous research I did suggests that the majority of these types of claims
( not including staff work related claims) will be bought to court by the
time the person reaches age 40 (i am also guessing this will increase in
the next couple of years also).
Herts County has adopted the above with minimal changes and is placing a
copy in each area office.
Thanks
Tony May
Documents Manager
Hertfordshire County Council
Phone: 01992 556 729
Comnet 26729
Claire Park
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UK> cc:
Sent by: The UK Records Subject: Retention of Social Services Childcare Files (Restricted Access)
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<RECORDS-MANAGEMENT-UK@JISC
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17/03/2004 13:08
Please respond to Claire
Park
Just a quick question...
We have recently discovered a discrepancy with the destruction dates that
have been applied to records being deposited by Social Services/Legal
Services.
There are a number of problems-:
1. retention periods are not set or controlled by us
2. dates and conventions can vary widely depending on the originating
area office
3. Social Services and Legal Services appear to apply different criteria
4. changes to retention periods or the criteria on which they are based
are not communicated widely enough
The retention period for many years was set at 20 years from the DOB of
youngest the child with which the case was concerned. This was
subsequently changed (without notification) to 25 years.
We have today received another batch and the destruction date of 25 years
is being applied to the last piece of correspondence in the file. There
was also talk of retaining files for 75 years which has huge implications
for long term storage.
Does anyone know of any recognised guidance on this issue or a specific
body that is responsible for handling guidance issues as the advice must be
coming from somewhere?
I am VERY concerned that these records are being badly managed and their
informational value is being jeopardised.
thanks
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