Lucy

None of the education case files have definite retention periods (i.e. nothing specific in legislation). So it is a decision for an individual authority. When considering how long to keep these files your authority is making a judgement on risk. I generally basis the risk judgement on possibility that an individual could commence litigation, when they can commence litigation, how much they are likely to win if successful compared to the cost of keeping files  for a specific  length of time.

An LA has a duty to educate, failure in that duty means individuals can sue. They can only sue in their own right once they reach the age of majority. So at this stage the statute of limitations act takes over. However this becomes complicated as the individual can commence litigation when they discover an issue. For example a person with special education needs can sue after they find out they have a special education need when they are 30 and then commence litigation at that point.

So you need to be keeping the information (evidence on how the council was trying to educate the individual) to protect against the risk of litigation but you do not know how long.

From the research I carried out when writing version 1 of the retention guidelines for local government. Most people commenced litigation before the age of 40.  However after chatting to our insurance section recently this age has gone up to around 50.

So a reasonable retention period is about 50 years from DOB.

We currently keep our education case files for 35 years after closure. But are likely to adopt the above in the near future.

Hi all,

I'm reviewing our retention periods for children's records and have some queries.  Is there a definitive retention period for Education case files (e.g. Welfare, Psychology, Inclusions).  I was always under the impression they were retained until the child's 25th birthday, however looking at the LGCRS it seems to be suggesting 75th birthday to go alongside care records.

Would be grateful for any assistance/clarification.

Thanks,

Lucy

Lucy Keene
Records Management Specialist
Audit, Risk and Information
North Somerset Council

Tel: 01934 426 377
Fax: 01275 884468
Location: 1st Floor - Zone A, Castlewood, Tickenham Road, Clevedon
Post: Town Hall, Walliscote Grove Road, Weston-super-Mare, BS23 1UJ
Web: www.n-somerset.gov.uk

Keeping in touch
Do it online - visit our website at www.n-somerset.gov.uk
Council Connect - for all streets, open spaces and environmental protection enquiries call 01934 888 802 or email [log in to unmask]
Care Connect - for all adult social services enquiries call 01275 888 801 or email [log in to unmask]
For all other enquiries call 01934 888 888 in office hours, or, in an emergency, our out of hours service 01934 622 669.

Privacy and confidentiality notice:
The information contained in this email transmission is intended by North Somerset Council for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. If you have received this email transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email. Any views expressed within this message or any other associated files are the views and expressions of the individual and not North Somerset Council.
North Somerset Council takes all reasonable precautions to ensure that no viruses are transmitted with any electronic communications sent, however the council can accept no responsibility for any loss or damage resulting directly or indirectly from the use of this email or any contents or attachments.

For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]