Retention and disposal policies - Children and Families
Adoptions management
- Retention: Retain records for 100 years from date of adoption order.
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Requirement to maintain “Section 56 information” taken from The Disclosure of Adoption Information (Post‐ Commencement Adoptions) Regulations 2005.
- Scope: guidance on adoption for local authorities published by the Department of Education in 2014 specifies “Section 56” information that is covered by the 100-year retention rule as being:
- Identifying information about the child, the birth parents, other birth relatives, adoptive parents and any other people involved in the adoption such as foster carers and professionals
- Background information including the child’s birth and medical history, education, and development
- Information supplied by the birth parent and other birth relatives including photographs, and letters
- Information supplied by the adoptive parent(s) after the adoption
- Information supplied by any foster carer
- Information that the adopted person has asked to be kept, this would include their views on any contact
- A copy of the child’s permanence record (CPR)
- The prospective adopters’ report
- Written record of the proceedings of the adoption panel and the agency decision
- Any consent to placement and placement orders and any withdrawal of consent
- The Adoption Placement Report
- The Adoption Support Plan
- The Adoption Placement Plan
- Any other information the agency considers necessary to keep In addition
- Care leaver support records
Case management
- Retention: Retain records until service user's 25th birthday (unless Looked After, Special Educational Needs (SEN), or Adopted ‐ see other entries)
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5 and recommended by the Department of Health Guidance to Social Services
- Scope: Management and administration of children & families cases, including: enquiry processing, referral, needs assessment, care and support planning, key information recording
Children in need and education support
- Retention: Retain records until service user's 25th birthday (unless Looked After, SEN, or Adopted ‐ see other entries)
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5 and recommended by the Department of Health Guidance to Social Services
- Scope: Parent and family education support, childcare provision and monitoring, support of gifted and talented children, post‐16 support, physical and sensory disability support, psychological and behavioural support and assessment
Foster carer supervision and support
- Retention: Retain application and assessment records for unsuccessful applicants 3 years from application withdrawal or refusal. Retain records of successful applicants 10 years end of last placement is terminated after carer ceases to provide care.
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Foster Placement (Children) Regulations 1991 s.14 / Fostering Services Regulations 2002 s.32
- Scope: Foster carer enquiry, application and assessment records, case files and statutory register maintenance
Looked after children support
- Retention: Retain records until service user’s seventy fifth birthday
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Arrangement for the Placement of Children (General) Regulations 1991 s.9 and Care Planning, Placement and Case Review (England) Regulations 2010 s.50
- Scope: The Care Planning, Placement and Case Review (England) Regulations 2010 s.50 specifies (in s.49 – “Establishment of Records”) that the case records of a Looked After Child, retained until the child’s seventy fifth birthday, must include:
- care plan, including any changes made to the care plan and any subsequent plans
- reports obtained under regulation 7
- any other document created or considered as part of any assessment of child’s needs, or of any review of child’s case
- any court order relating to c
- details of any arrangements that have been made by the responsible authority with any other local authority or with an independent fostering agency under regulation 26 and Schedule 5, or with a provider of social work services, under which any of the responsible authority’s functions in relation to care are discharged by that local authority or independent fostering agency or provider of social work services In addition
- Care leaver support records
Residential homes management and administration
- Retention: Retain records 15 years from created
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Children’s Homes Regulations 1991 s.17
- Scope: Management and administration of children’s residential homes including records and registers relating to multiple residents Including: records specified within schedule 3 of the regulations – Admission and discharge, accidents, administration of medicinal products, money and valuable deposited for safekeeping, disciplinary records and daily log of events. In addition record of persons employed by or working at children’s home, duty rotas, record of other persons resident at the home and accounts.
Safeguarding
- Retention: Retain records until service user's twenty fifth birthday (unless Looked After or Adopted, see other entries)
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5 and recommended by the Department of Health Guidance to Social Services.
- Scope: Child Protection administration, referrals and management, child sexual exploitation investigation, allegations and causes for concern about carers / adopters, medical arrangements, court case preparation and orders, liaison with police and other agencies.
SEN assessment and support
- Retention: Retain records until end of academic year in which service user’s thirty first birthday occurs
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5 and requirements of Children and Families Act 2014 s.46
- Scope: SEN assessment and statementing including Education Health Plans (EHC) and education support.
Targeted intervention and support
- Retention: Retain records until service user's twenty fifth birthday (unless Looked After, SEN, or Adopted ‐ see other entries).
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5 and recommended by the Department of Health Guidance to Social Services
- Scope: Eligibility and assessment records, requests for support, consent, children missing education, intensive prevention
Youth offender supervision and support
- Retention: Retain records until service user's twenty fifth birthday
- Disposal: Destroy (See IICSA retention hold advice p.4)
- Authority: Based on a 6-year timescale in which an action can be brought in the case of a simple contract under Limitation Act 1980 s.5. and recommended by the Youth Justice Board Guidance 2014
- Scope: Young offender case management, bail and remand supervision, education, health, safeguarding assessment and intervention, and public protection assessment intensive supervision and surveillance, and restorative justice and reparation management, parent and carer support