Hi Robert,
See below legislation for Looked After Children (LAC).
The 2010 regulations do not repeal to 1991 regulations, they're just
consistent.
-
Arrangements for Placement of Children (General) Regulations 1991 No.
890;
9.-(1) A case record relating to a child who is placed shall be retained
by the responsible authority until the seventy-fifth anniversary of the
date of birth of the child to whom it relates or, if the child dies
before attaining the age of 18, for a period of 15 years beginning with
the date of his death.
-
-
Care Planning, Placement and Case Review (England) Regulations 2010 No.
959;
50.-(1) The responsible authority must retain C's case record either-
(a)until the seventy-fifth anniversary of C's birth, or
(b)if C dies before attaining the age of 18, for fifteen years beginning
with the date of C's death.
-
If the deceased is not a LAC, then the deceased representatives would
have a limited time to bring a legal action, so you could opt for the
limitation time bar.
Regards,
Tom Devenish
Records Manager
(London Borough of Camden)
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Robert
Hogarth
Sent: 12 October 2010 16:51
To: [log in to unmask]
Subject: Social Care
Hi -
Have been asked the following, [have checked LGCRS] - looking for
confirmation of retention of records where a child dies in care or
non-care.
We have been using death + 5 years and death + 15 years if there is a
child protection issue. Wondering whether
a move to all being death + 15 would be practical. Experiences/opinions
from other bodies appreciated.
Regards
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