There is no legislative requirement to keep adoption records in fire proof cabinets. The legislation which refers to the storage of adoption records specifies that:-
The Adoption Agencies Regulations (2005)
The adoption agency must ensure that the child’s case record and the prospective adopter’s case record and the contents of those case records are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of, or damage to, the case record or its contents.
The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
Storage and manner of keeping of section 56 information
5. The adoption agency must ensure that section 56 information in relation to a person’s adoption is at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.
The Adoption Agencies Regulations 1983
14. (1) ….
(2) Where a case record has been set up by an adoption agency under regulations 7(2)(a), 8(2)(a) or 9(3) in respect of a child or a prospective adopter, any report, recommendation or
decision made by that agency by virtue of these regulations in respect of that child or that prospective adopter shall be placed on the case record relating to that child or, as the case may be, that prospective adopter, and any case records set up by the agency together with the indexes to them shall be kept in a place of special security.
So the emphasis is on having secure storage with protection from theft, unlawful disclosure, loss or damage rather than specifying the type of storage required.
Statutory guidance has been issued by the Department of Education:
Statutory Guidance on Adoption (2013)
Requirement to ensure that all appropriate measures are taken to prevent theft, unauthorised disclosure, loss or destruction of or damage to case records. This includes records removed from the office or stored away from the main office.
Case records should be stored in a “lockable security cabinet or secure room” with restricted access
Adoption: National Minimum Standards for Adoption Services (published March 2011)
27.2 Staff, volunteers and persons on the central list understand and follow the agency’s policy for the keeping and retention of files, managing confidential information and access to files (including files removed from the premises).
28.1 There are efficient and robust administrative systems, including IT and communication systems. Premises have:
a facilities for the secure retention of records (including, for example, cards, letters; the child’s life storybook; photographs and audio-visual film).
b appropriate measures to safeguard IT systems; and
c an appropriate security system.
Note that OFSTED use the National Minimum Standards guidance.
The only place where I have found any reference to fire proof cabinets is in a regional document issued for Northern Ireland agencies by the voluntary British Association for Adoption and Fostering (BAFA). This document does request that “the indexes to all adoption case records and the records of all adoption cases shall be kept in fireproof cabinets or rooms on Agency, or other approved, premises and in a manner which maintains confidentiality” however this does not cover England. The legislation underpinning this guidance (passed in 1989 for Northern Ireland) states that the records should be kept in a “place of special security” but does not state fire proof cabinets.
I cannot find an equivalent BAFA regional document for England.
What do other organisations do?
Church of England – refers to provision of fire proof cabinets for personnel files as best practice within internal guidance rather than a requirement.
2 x County Council – stored in secure record centre, accessed by named individuals and released to named individuals.
County Council – stored in the county archives in a secure, access restricted room.
Scottish Council – locked room with “normal” fire provision
Another organisation wrote to BAFA with the risk assessment they had completed. BAFA was fine with this provided that they were accessed by named people and adequate fire protection was applied.
A further council, faced with the same opposition from their adoption service, allowed the Adoption manager to view the storage facilities (which did not include fire proof cabinets) after which the manager has allowed the records to be managed by the records management service.
Finally, fire proof cabinets are not actually fire proof. Under standard fire tests the best rating a fire proof can be given is a 4 hour protection at 125F internal temperature.
Thanks to all who answered.
Regards,
Dawn
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