Legal Status of Child and Young Person

Caption: Legal Status of Child
   
Legal Status of Child/Young Person Number of Years of Retention of Files
Child in Care who has been adopted 100 years from the date of the adoption order
Adopted 100 years from date of case closure
Adoption records where an Adoption Order is not made

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.

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.
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. At least 10 years from the date on which their approval is terminated.
Fostering - 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.
Child in Care from another Local Authority who is placed with SCC carers 75 years
Children's case records for children accommodated in children's homes.

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 subject to Short Breaks 32 years
Child subject to Private Fostering Arrangements 75 years
Child subject to a Child Protection plan and/or regulations 75 years
Child subject to Strategy Discussions /meetings or other CP process but not placed on a plan 32 years
Child support with Children and Families with children with a learning, physical or sensory disability. 32 years
Child who has received plans/services as Child in Need 32 years
Child –Temporary CP/ transfer in Conferences 32 years
Child subject to CP enquiry but not on a plan 32 years
Child subject to an assessment but no plan, service or other involvement. (Includes age assessments). 32 years
Child – Child Safeguarding Practice Review 32 years
Child – Direct Payments 32 years
Child subject to a referral but never assessed 32 years
Safeguarding risks to children PPR/MARAC/MAPPA 100 years
LADO allegations against adults working with children 100 years
Child not carried to term 6 years
Subject Access Request 10 years