Thanks David and Lawrence for your thoughts.
I am still confused. I can see how there are some series of records which ought to be retained by the successor organisation – the Academy – they need to know about the premises and the current staff and current pupils but I am less clear about historical records and records relating to former staff and former pupils.
It seems to me that the transition represents a golden opportunity for the identification and transfer of records which ought to be retained as Archives for historical purposes / evidence of Local Authority education provision in a given area for a given time period. With regard to former staff and pupils, I am struggling to see why the successor organisation would want to retain these and any potential issues that arise with the records…management, disposal, access queries, whereas I can see that there are many reasons for the Local Authority to retain records relating to staff it employed (or who were employed under their terms and conditions and who may have paid into some sort of LG Pension Scheme) and pupils who passed through their educational establishments.
When it comes to costing storage/management etc I can see why a Local Authority may wish to have the record series remain with the successor organisation but unless there is a legal process for transferring ownership/liability I don’t see how the Local Authority could then ensure that the records are available as evidence/subject access/procedure requires, nor how it could enforce Local Authority retention and disposal, ultimately this may also have an effect on the capture of archives. There are a lot of issues in here and I wonder what other authorities have done to resolve these issues if no precedent has been set. If Lawrence was grappling with this and the Department for Education have not responded…what is happening elsewhere?
The more I think about it the less clear it becomes!
Sincerely,
Will Bell
Cumbria County Council
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