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Dear all
This is certainly worth reading for justifiable long-term retention of child protection records.

A judgment from yesterday (23rd July 2015).


*R (on the application of C) v Northumberland County Council

Child - Protection. The issue before the Administrative Court was whether it was lawful for the defendant local authority to have a policy of retaining child protection records for a period of 35 years after a case had been closed. The court held that the policy was in accordance with the law, had been carefully considered, adapted to the purposes for which it was required, and was applied proportionately and flexibly.

Catchwords
Child - Protection - Child protection records - Claimant issuing judicial review proceedings challenging defendant local authority's policy of retaining child protection records for 35 years after case being closed - Whether policy being lawful.


The judgment is available at: [2015] EWHC 2134 (Admin)

The defendant local authority's policy, 'Child protection: investigations under section 47 of the Children Act 1989, child protection conference minutes, child protection plans and associated case recording', was to retain child protection records for 35 years after a case was closed, unless a child was or became looked after (in which case the retention policy was 75 years) or adopted (in which case the retention period was 100 years from the date of the adoption order). The claimant issued judicial review proceedings, seeking the destruction of child protection information held by the authority, an order quashing the authority's policy and/or a declaration that it was unlawful. The authority agreed to destroy all the data relating to the claimant's case and the particular facts of his case were no longer relevant to the broader issue of principle that arose.

The issue before the court was whether it was lawful for the authority to have a policy of retaining child protection records for a period of 35 years after a case had been closed. The claimant and the Information Commissioner, as interested party, contended that a retention period of longer than six years, being the limitation period for bringing tort claims against the authority, could not be justified.

The application would be dismissed.

The authority's policy of 35 years was in accordance with the law, had been carefully considered, adapted to the purposes for which it was required, and was applied proportionately and flexibly. The purposes for processing and retaining the personal data extended beyond the authority's ability to defend claims brought against it. It was clear that the authority's policy was designed for the purpose of: (i) protecting other children; (ii) allowing those whose data was retained access to the information in later life; and (iii) making it available, if required, in the case of later investigation, enquiries or litigation. Accordingly, there was a need to keep the records for a substantial period and, certainly, substantially longer than the period argued for by the claimant and the Information Commissioner. It might be argued that the period of 35 years was not the only possible period of retention, but it fell within the bracket of legitimate periods of retention (see [33], [61], [62] of the judgment).

S and Marper v United Kingdom (Applications 30562/04 and 30566/04) [2008] All ER (D) 56 (Dec) considered; Re JR60 [2013] NIQB 93 considered; R (on the application of Catt) v Metropolitan Police Commissioner; R (on the application of T) v Metropolitan Police Commissioner [2015] 2 All ER 727 considered.

Regards
Madi

Madi McAllister
Information Governance & Records Management Officer
London Borough of Merton
Tel: x 4180

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