I would see no reason to depart from the RMS guide of T + 25 for Records
of Staff working with children.
And yes - that would apply to someone employed for one day only if they
fell within the criteria. Imagine e.g. a future claim of "abuse over a
period of time" by X ... Where the record clearly shows X employed for
one day only.
The risk assessment (and I am not aware we have done one) should
concentrate on what comes within the 'working with children' category.
And of course you only keep what you need - no need to keep bank account
details for 25 years ...
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Drew, Alison
Sent: 01 August 2006 12:07
To: [log in to unmask]
Subject: Retention of Personnel Files - risk assessment
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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