Case Retention
Scope of this chapter
Important Note:
Independent Inquiry into Child Sexual Abuse (ICSA) - has said that:
It is now very unlikely that the Chair and Panel will request access to documents relevant to the Inquiry’s Terms of Reference.
Consequently, organisations can plan for destruction or deletion of records that have been retained for the purposes of the Inquiry, which can resume at the end of the Inquiry’s Judicial Review period, currently set for 20th January 2023. However, please consider the following when drawing up disposal plans:
- Whether any of the records you have retained are likely to be of significant interest to victims and survivors and that your retention schedules meet their needs;
- The obligation to retain records for other inquiries remains.
Further information about the Inquiry’s moratorium on the destruction of records can be found on the Inquiry’s website.
Amendment
This chapter was updated in August 2023 in relation to the Independent Inquiry into Child Sexual Abuse.
All records have to be kept for a specific period of time. The length of time depends on the type of record. The Corporate Retention and Disposal Guidance provides advice on the management of Council records, including how long different types of records should be kept, how to transfer records to offsite storage, and how to destroy records securely.
The Corporate Retention and Disposal Guidelines have been developed to:
- Promote improved and consistent records management within the Council;
- Identify records worthy of permanent preservation in the archives;
- Prevent the premature or haphazard destruction of records; and
- Provide a consistent approach to the disposal of records.
The case record must be kept secure, and any necessary steps taken to ensure that information contained in it is treated as confidential, subject only to statutory rights of access or court orders granting access.
The Data Protection Act and UK General Data Protection Regulation (UK GDPR) apply to both paper/manual and electronic records.
Children's Services - Retention of Records
This table sets out specific time periods for retention of records set out in legislation. Where there is no specific legislative provision, local arrangements should be made.
| Subject | Record | Reference | Retention Period |
|---|---|---|---|
| Looked After Children | Case records for looked after children. | Care Planning, Placement and Case Review (England) Regulations 2010, s. 50. | Either: until the 75th anniversary of the child's birth, or if the child dies before age 18, for 15 years from the date of death. |
| Fostering | Case records for approved foster carers (including relatives, friends or connected persons granted temporary approval under regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010), and any information relating to them contained in the register of foster carers. | The Fostering Services (England) Regulations 2011, s. 32. | At least 10 years from the date on which their approval is terminated. |
| Case records for people who are not approved as a foster parent, or who withdraws their application prior to approval. | At least 3 years from the refusal or withdrawal. | ||
| Adoption | Adoption records where an Adoption Order is made. | Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005, Regulation 6. | At least 100 years from the date of the adoption order. |
| Adoption records where an Adoption Order is made before 30 December 2005. | Adoption Agencies Regulations 1983, regulation 14. | At least 75 years from the date of the adoption order. | |
| Adoption records where an Adoption Order is not made. | The Adoption Agencies Regulations 2005, Regulation 40.
Adoption Statutory Guidance 2014. |
An adoption agency must keep the child's case record and the prospective adopter's case record for such period as it considers appropriate. Where an adoption order is not made and the agency decides to close the child's adoption case record, it should transfer the information from this record to the looked after case record, in which case see Looked After Children. If the child has never been looked after, the agency should destroy the records when no further action is necessary. An example of when this may be appropriate is if the possibility of adoption of a baby was discussed before the child's birth, but the baby remained with the birth parents. |
|
| Children's Homes | Children's case records for children accommodated in children's homes. | Children's Homes (England) Regulations 2015, Regulation 36 | Either: until the 75th anniversary of the child's birth, or if the child dies before age 18, for 15 years from the date of death. |
| Child Protection/ Assessments/ Referrals/ Children in Need/Serious Case Reviews |
|
No specific legislative retention period. Under the Limitation Act 1980, there is generally a statutory limitation period of 6 years in which civil claims may be instituted. In the case of children, this time period does not start to run until age 18. The suggested retention periods are in accordance with this limitation period. | Either: until the 25th anniversary of the child's birth, or if the child dies before age 18, for 6 years from the date of death. |
Last Updated: February 5, 2024
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