1.4.4 Retention and Destruction of Files |
RELATED READING
N.B. This chapter should be read in conjunction with the Principles of Recording set out in Policy, Values and Principles.
Contents
1. Retention of Documentation
| 1.1 | All documents, including files, records, photographs, floppy disks and other written or electronic and visual material that originates in connection with social work duties, are the property of the Borough. | |
| 1.2 | Under no circumstances should the materials referred to above be retained in the employee's possession, whether at home or elsewhere. | |
| 1.3 | Staff using computers at home for Council purposes must transfer any material to an office PC by the next working day. Subsequently, all material must be deleted from their personal PC, hard drive or floppy disks or any other form of digital storage on their return home. | |
| 1.4 | This procedure also applies to staff using lap top computers, unless authorised by their line manager. Where authorisation is given, no information should be retained that can identify any client or service user. Line managers will set the terms of any authorisation on a case-by-case basis, which must be noted, particularly in relation to timescales. | |
| 1.5 | Staff are not allowed to remove case files or other documents from their or any other office, whether this is to work at home or for meetings, out of their normal place of work. Exceptions may be agreed on a case-by-case basis by the line manager, which should be noted, particularly in relation to timescales. | |
| 1.6 | Any authorisations to remove case files or associated documents from the office may be cancelled at any time and their return requested at any time, although reasons should always be given. | |
| 1.7 | Managers should have systems in place to record any removal of documentation from the workplace and their return, with appropriate signatures and dates. | |
| 1.8 | Any breach of these arrangements may lead to disciplinary action being considered. | |
2. Destruction of Files
| 2.1 | Records must be retained for the following time scales:
Children Looked After: 75 years from the 18th birthday of the child or 15 years from the date of death in the case of a child who dies before the age of 18 Adoption Case Records: 75 years from the date of the Adoption Order Private Foster placements: As for Children Looked After Children subject to Supervision Orders: 21 years from the child's date of birth. Children in Need subject to Child Protection Enquiry: 35 years from file closure Children in Need subject to Initial Assessment only: 6 years from file closure Children in need (not subject to Child Protection Enquiry and not Looked After): 10 years from file closure. Unaccompanied minor, for example an asylum-seeker: 10 years from file closure. Assessment and approval of adoptive parents/foster carers: 25 years from the date approval is terminated or refused or the date of death of adoptive/foster carer Files on approved foster carers: 35 years from date foster carer ceased fostering Children in receipt of family support services: 7 years from file closure Children and families in receipt of family assessment: 25 years from date of birth of youngest child Recording systems, lists and registers: Systems to manage children in need of protection and Children Looked After, in summary form, for example Child Protection Register or a case where a child has been the subject of a Child Protection Plan , children's homes' registers, must be retained permanently and transferred to the Archivist after their administrative use has ended. Residential care records: Documents relating to the operation of children's homes, for example, diaries, rotas, daily logs: Regulation 29 of the Children's Homes Regulations 2001 state 15 years from the date of the last entry. Employment records of staff working with children: Records relating to staff working with children: 25 years from date when employment ends. |
|
| 2.2 | Managers may decide to retain records for longer than the minimum periods specified above.
Where no period for retention is specified, records should usually be retained for one year after the last contact with the family. There is a discretion to specify a longer period where the circumstances warrant this, for example if a person is known to be violent, records may be retained for longer to indicate the potential risk posed by such a person or if litigation is possible. |
|
| 2.3 | The date for destruction of a file should be written on its front cover when the file is closed. This date should also be entered on the computer system. | |
| 2.4 | If a closed file is subsequently re-opened, care must be taken to erase the date for destruction on the paper and electronic file. | |
| 2.5 | Whenever there is the possibility of litigation, the records and information likely to be affected should not be amended or destroyed until the threat of litigation has ended. | |
| 2.6 | When records identified for destruction are destroyed, a register of such records should be kept with sufficient detail to identify the record and the date destroyed. | |
| 2.7 | In all cases, file destruction should be coordinated with the deletion of any electronic corresponding records. | |
End