children social care

Information type Keep for Keep from Legislation or business reason
Local Authority Designated Officer allegations which an investigation has found to be substantiated 100 years Date of birth of the alleged perpetrator

Substantiated cases should not be deleted or removed sooner than this time as the outcome identifies the person poses a risk of harm to children and young people

Local Authority Designated Officer allegations which an investigation has found to be unsubstantiated 100 Years Date of birth of the alleged perpetrator

For cases that are deemed unsubstantiated there is neither evidence to confirm or deny the alleged incident happened and therefore the risk in deleting this information sooner is too high.

The decision made to retain records whereby the outcome is unsubstantiated is informed by the Bichard Inquiry regarding Ian Huntley who had a series of unsubstantiated allegations against him that presented a pattern of concern.

Local Authority Designated Officer allegation where investigation has found to be unfounded or malicious 10 years From date record is closed

A decision to retain information beyond 10 years may be taken by the LADO if patterns or behaviour are emerging that suggest the person could continue to pose risk of harm. The reason for this decision must be recorded on the individual’s record.

Local Authority Designated Officer Advice Consultation 6 years From date of last contact

Limitation Act 1980

Y Smart Drug and Alcohol service user records 7 years Date of last contact or date of death

Limitation Act 1980

Adoption records for a child who is not a Looked After Child where adoption order is not granted Destroy when no further action is necessary Birth of child

Professional decision

Adoption records for looked after children where adoption order is not granted Until 75 anniversary of childs birth Birth of child

Records to be transferred to the Looked After Child case records and retained in accordance with Section 50 of the Care Planning, Placement and Case Review (England) Regulations 2010

Looked after child records Until 75 anniversary of childs birth Birth of child

Care Planning, Placement and Case Review (England) Regulations 2010

Prospective adopters – withdrawn from process 2 years Date of last contact

Professional decision

Foster care – private with disabilities Eighteen years Date of birth

Professional decision

Employees working with vulnerable groups Seventy five years Date of birth

Business need

Adoption order not made – prospective adopter Destroy when no further action is necessary Date adoption order refused

Professional decision

Adoption order not granted – child record Seventy five years or fifteen years if deceased before the age of fifteen Date of birth or date of death

Adoption Agencies Regulations 2005

Children Act 1989

 

Adoption order granted and case remains in Devon One hundred years Date of adoption order

Disclosure of Adoption Information (Post Commencement Adoptions) Regulations 2005

 

Adoption and Children Act 2002

Care leavers Seventy five years or fifteen years after death Date of birth

Children Act 1989

Children’s Homes Regulations 2001

 

 

Residential homes – non child Fifteen years Creation

Children’s Homes Regulations 2001

Residential homes – children Seventy five years or fifteen years if deceased before the age of eighteen Date of birth or date of death

Children’s Homes Regulations 2001

Fostering employees Fifteen years Creation

Fostering Services (England) Regulations 2013

Fostering – home adaptations Current year plus six Creation

Financial Regulations

Fostering – unapproved assessments Five years Closure

Professional decision

Fostering – initial enquiries Two years Closure

Professional decision

Foster child Fifteen years Creation

Fostering Services (England) Regulations 2013

Foster care – private with disabilities Age eighteen years Date of birth

Professional decision

Children in care subject to supervision orders Age eighteen plus three years inactivity Date of birth

Professional decision

Safeguarding conferences draft minutes Until approved at next review Creation

Professional decision

Missing children Seventy five years Date of birth

Children Act 1989

Independent reviewing conferences Age eighteen plus three years inactivity (youngest sibling must be over eighteen) Date of birth

Professional decision

Independent reviewing 16 – 18 Age eighteen plus three years inactivity (youngest sibling must be eighteen) Date of birth

Children Act 1989

Arrangements for Placement of Children Regulations 1991

Independent reviewing 0 -16 Age eighteen plus three years inactivity (youngest sibling 18) Date of birth

Professional decision

Child sexual exploitation Seventy five years Date of birth

Children Act 1989

Child protection case summaries – home registers, orders Permanent Creation

Professional decision

Child protection (section 47) Seventy five years Date of birth

Children Act 1989

Social work diaries Current year plus six Creation

Financial Regulations

Complaints – Stage 3 – Review Five years Final response from head of service deemed resolution - no further action required

Professional decision

Complaints – Stage 2 Formal Five years Closure, resolution and final responses - no further action

Professional decision

Complaints – Stage 1 – informal, single, multiple, persistent Same as relevant case record No contact for two years from date of last complaint - no further action

Professional decision

Children in need Until child reaches the age of eighteen plus three years case inactivity Date of birth

Professional decision