Access, Storage & Retention of Records

Access, Storage and Retention of Records Policy

Note from legal: The timescales provided are based on typical limitation periods which in some circumstances may be extended.  These are not specific NDNA recommendations. The Data Protection Act 2018 allows you to retain personal data as long as is reasonably necessary. As a business you should conduct a risk assessment, review any insurance policies and if necessary, take independent legal advice to determine timescales of retention that are appropriate for your business.

At Just Little Kidz we have an open access policy in relation to accessing information about the nursery and parents’ own children. This policy is subject to the laws relating to data protection and document retention and should be used in conjunction with the Data protection and confidentiality policy and the GDPR privacy notice.

Parents are welcome to view the policies and procedures of the nursery, which govern the way in which the nursery operates. These may be viewed at any time when the nursery is open, simply by asking the nursery manager or by accessing the file in [state where located, e.g. reception] or on the nursery website. The nursery manager or any other relevant staff member will also explain any policies and procedures to parents or use any other methods to make sure that parents understand these.

Parents are also welcome to see and contribute to all the records that are kept on their child. However, we must adhere to data protection laws and, where relevant, any guidance from the relevant agencies for child protection.

As we hold personal information about staff and families, we are registered under data protection law with the Information Commissioner’s Office. A copy of the certificate can be viewed at [insert location]. All parent, child and staff information is stored securely according to the requirements of data protection registration, including details, permissions, certificates and photographic images. We will ensure that staff understand the need to protect the privacy of the children in their care as well as the legal requirements that exist to ensure that information relating to the child is handled in a way that ensures confidentiality.

We are required under legislation to keep certain records about children, parents and also staff members. Due to this legislation, we are required to keep this information for a set amount of time. Below is a brief overview of the information we keep and for how long. This policy should be used in conjunction with the Data protection and confidentiality policy and the GDPR privacy notice.

Children’s records: A reasonable period of time after children have left the provision. We follow the Local Authority procedure which states they should be kept for [insert number] years.

Records relating to individual children e.g. care plans, speech and language referral forms: We will pass these on to the child’s next school or setting following our Local Authority’s protocols for transition and sharing of sensitive records.

Copies will be kept for a reasonable period. We follow the Local Authority procedure which states they should be kept for [insert number] years.

Accidents and pre-existing injuries: If relevant to child protection we will keep these until the child reaches 25 years old.

Safeguarding records and cause for concern forms: We will pass these on to the child’s new educational establishment, e.g. school. In the event that we are not informed of the child’s new placement, we will keep the records until the child has reached 25 years old.

Records of any reportable death, injury, disease or dangerous occurrence (for children): As these incidents could result in potential negligence claims, or evolve into a more serious health condition, we keep records until the child reaches the age of 22 years.

Records of any reportable death, injury, disease or dangerous occurrence (for staff): 3 years.

Type of accidents including fractures, broken limbs, serious head injuries or where the child is hospitalised: Until the child reaches the age of 22 years.

Observation, planning and assessment records of children: We keep our planning filed since the last inspection date so there is a paperwork trail if the inspector needs to see it.

Information and assessments about individual children are either given to parents when the child leaves or to the next setting or school that the child moves to (with parents’ permission).

Personnel files and training records (including disciplinary records and working time records): 7 years.

Visitor signing in book: Up to 24 years as part of the child protection trail.

Complaints record book: 7 years

Nursery records and documentation that are not required to be kept are deleted or destroyed in line with the current data protection laws and our GDPR privacy notice which can be found [Insert details of where a parent can find the nursery’s Privacy Notice].

If parents have a specific deletion or retention request regarding any data that we hold, please raise a query in writing and we will respond formally to your request.

This policy will be reviewed annually and amended according to any change in law and/or legislation.