Has anyone done a risk assessment and generated specific appraisal criteria for personnel records where staff have worked with children? At the moment we keep personnel files for 10 years from leaving but I feel uneasy about destroying them outright after that date because of present compensation claims being brought to the council.
For example, if a child of 10 is abused by a member of, say, Leisure staff and suffers psychological and/or physical harm, if that child wishes to pursue a civil claim then the Limitation Act 1980 will generally allow the child until the age of 21 to have commenced civil proceedings. Easy then BUT the Limitation Act 1980 may allow this period to be extended if the child did not become aware of the harm caused and/or linked it to the abuse and/or the court exercises its discretion under s33 and/or the child remains a vulnerable person as a result of any disability. Also, the potential criminal sanctions will remain indefinitely in cases of this type because of the severity (i.e. for serious crimes there is no limitation period). It is impossible to keep all personnel files forever though, especially as the DPA requires personal records to be retained only as long as reasonably necessary.
Therefore appraisal criteria could specify that personnel files be culled on the basis of who has not had any contact with children - but how far could this be taken? A temporary youth worker who had some 1:1 contact should have their file retained in the same principle as a Social Worker? Or, only retain those files where 1:1 contact with children took place where the file records any kind of complaint or investigation?
Sorry for the waffle... comments would be appreciated
Alison
Alison Drew
Corporate Records Manager
Information Management and Governance
ICT, Resources and Services Directorate
Portsmouth City Council
023 9283 4097 (am)
023 9268 8325 (pm)
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