Golftyn Primary School
Data Retention Policy September 2023
The School has a responsibility to maintain its records and record keeping systems. When doing this, the School will take account of the following factors: –
- The most efficient and effective way of storing records and information;
- The confidential nature of the records and information stored;
- The security of the record systems used;
- Privacy and disclosure; and
- Their accessibility.
This policy does not form part of any employee’s contract of employment and is not intended to have contractual effect. It does, however, reflect the School’s current practice, the requirements of current legislation and best practice and guidance. It may be amended by the School from time to time and any changes will be notified to employees within one month of the date on which the change is intended to take effect. The School may also vary any parts of this procedure, including any time limits, as appropriate in any case.
Data
This policy sets out how long employment-related and pupil data will normally be held by us and when that information will be confidentially destroyed in compliance with the terms of the General Data Protection Regulation (UK GDPR) and the Freedom of Information Act 2000.
Data will be stored and processed to allow for the efficient operation of the School. The School’s Data Protection Policy outlines its duties and obligations under the UK GDPR.
Retention schedule
Information (hard copy and electronic) will be retained for at least the period specified in the attached retention schedule. When managing records, the School will adhere to the standard retention times listed within that schedule.
The schedule is a relatively lengthy document listing the many types of records used by the school and the applicable retention periods for each record type. The retention periods are based on business needs and legal requirements.
Destruction of records
Where records have been identified for destruction, they should be disposed of in an appropriate way. All information must be reviewed before destruction to determine whether there are special factors that mean destruction should be delayed, such as potential litigation, complaints or grievances.
All paper records containing personal information, or sensitive policy information should be destroyed compliantly to align to GDPR. All electronic information will be deleted.
Record keeping of safeguarding
Any allegations made that are found to be malicious must not be part of the personnel records.
For any other allegations made, the School must keep a comprehensive summary of the allegation made, details of how the investigation was looked into and resolved and any decisions reached. This should be kept on the personnel files of the accused.
Any allegations made of sexual abuse should be preserved by the School for the term of an inquiry by the Independent Inquiry into Child Sexual Abuse. All other records (for example, the personnel file of the accused) should be retained until the accused has reached normal pension age or for a period of 10 years from the date of the allegation if that is longer. Guidance from the Independent Inquiry Child Sexual Abuse states that prolonged retention of personal data at the request of an Inquiry would not contravene data protection regulation provided the information is restricted to that necessary to fulfil potential legal duties that a School may have in relation to an Inquiry.
Whilst the Independent Inquiry into Child Sexual Abuse is ongoing, it is an offence to destroy any records relating to it. At the conclusion of the Inquiry, it is likely that an indication regarding the appropriate retention periods of the records will be made.
Archiving
Where records have been identified as being worthy of preservation over the longer term, arrangements should be made to transfer the records to the archives. The school follow the Local Government Retention Schedule with regard to archiving records. The archiving of information not listed, is decided by the school Governing Body.
Transferring information to other media
Where lengthy retention periods have been allocated to records, members of staff may wish to consider converting paper records to other media such as digital media or virtual storage centres (such as cloud storage). The lifespan of the media and the ability to migrate data where necessary should always be considered.
Transferring information to another school
We retain the Pupil’s educational record whilst the child remains at the school. Once a pupil leaves the school, the file should be sent to their next school. The responsibility for retention then shifts onto the next school. We may delay destruction for a further period where there are special factors such as potential litigation.
Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this Policy.
Responsibility and monitoring
The Headteacher has primary and day-to-day responsibility for implementing this Policy. The Data Protection Officer, in conjunction with the School is responsible for monitoring its use and effectiveness and dealing with any queries on its interpretation. The Data Protection Officer will consider the suitability and adequacy of this policy and report improvements directly to management.
Internal control systems and procedures will be subject to regular audits to provide assurance that they are effective in creating, maintaining and removing records.
Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this Policy and are given adequate and regular training on it.
Emails
Emails accounts are not a case management tool in itself. Generally emails may need to fall under different retention periods (for example, an email regarding a health and safety report will be subject to a different time frame to an email which forms part of a pupil record). It is important to note that the retention period will depend on the content of the email and it is important that staff file those emails in the relevant areas to avoid the data becoming lost.
Pupil records
All maintained schools, are under a duty to maintain a pupil record for each pupil, including Early Years. If a child changes schools, the responsibility for maintaining the pupil record moves to the next school.
Records for Early Years Pupils are kept in the same way as Y1 – Y6 children.
Retention schedule
|
FILE DESCRIPTION |
RETENTION PERIOD |
|
Employment Records |
|
| Job applications and interview records of unsuccessful candidates | Date of appointment of successful candidate plus 6 months |
| Job applications and interview records of successful candidates | Termination of employment plus 6 years |
| Written particulars of employment, contracts of employment and changes to terms and
conditions |
Termination of employment plus 6 years |
| Right to work documentation including identification documents | Termination of employment plus at least 2 years |
| Immigration checks | Termination of employment plus 6 years |
| DBS checks and disclosures of criminal records forms | Termination of employment plus 6 years |
| Change of personal details notifications | Termination of employment plus 6 years |
| Emergency contact details | Termination of employment plus 6 years |
| Personnel records | Termination of employment plus 6 years |
| Annual leave records | Current year plus 3 years |
| Consents for the processing of personal and sensitive data | Termination of employment plus 6 years |
| Working Time Regulations:
● opt out forms ● Records of compliance with WTR |
Termination of employment plus 6 years |
| Disciplinary / Training records | Disciplinary:
Oral warning Date of warning + 6 months Written warning – level 1 Date of warning + 6 months Written warning – level 2 Date of warning + 12 months Final warning Date of warning + 18 months Training: Termination of employment plus 6 years |
| Staff training where it relates to safeguarding or other child related training | Termination of employment plus 40 years |
| Allegations of a child protection nature against a member of staff including where the allegation is founded | Records relating to any allegation of a child protection nature against a member of staff – Until the person’s normal retirement age or 10 years from the date of the allegation (whichever is the longer) then REVIEW. Note: allegations that are found to be malicious should be removed from personnel files. If found they are to be kept on the file and a copy provided to the person concerned UNLESS the member of staff is part of any case which falls under the terms of reference of IICSA. If this is the case then the file will need to be retained until IICSA enquiries are complete |
|
Financial and Payroll Records |
|
| Pension records | Current year plus 6 years |
| Payroll and wage records | Current year plus 6 years |
| Maternity/Paternity/Leave records | Current year plus 3 years |
| Statutory Sick Pay | Current Year plus 6 years |
| All records relating to the creation and management of budgets | Current year plus 3 years |
| Invoices, receipts, order books and requisitions, delivery notices | Current year plus 6 years |
| Free school meals registers (where the register is used as a basis for funding) | Current year plus 6 years |
| School meal records | Current year plus 3 years |
|
Agreements and Administration Paperwork |
|
| Collective staff agreements/past agreements that could affect current staff. | Current Year plus 6 years |
| Trade union agreements | Current year plus 6 years |
| School Development Plans | Life of the plan plus 3 years |
| Visitors Book and Signing In Sheets | Date of last visit in the book plus 6 years |
| Newsletters / circulars to staff, parents and pupils | Current academic year plus 1 year |
| Records relating to the creation and publication of the school prospectus | Current academic year plus 3 years |
|
Health and Safety Records |
|
| Health and Safety consultations | Current year plus 3 years |
| Health and Safety Risk Assessments | Life of risk assessment plus 3 years provided that a copy of the risk assessment is stored with the accident report if an incident has occurred |
| Any records relating to any reportable death, injury, disease or dangerous occurrence | Date of incident plus 3 years provided that all records relating to the incident are held on file |
| Accident records relating to pupils under 18 at the time of the incident | 3 years after the last entry in the accident book |
| Accident records relating to individuals over 18 at the time of the incident | 3 years after the last entry in the accident book |
| COSHH Records | Date of incident plus 40 years |
|
Temporary and Casual Workers |
|
| Records relating to hours worked and payments made to workers | Current year plus 6 years |
|
Governing Body Documents |
|
| Instruments of government | For the life of the school |
| Meetings schedule | Current Year |
| Minutes – Signed copy | For the life of the school |
| Agendas – principal copy | Keep with minutes for the life of the school |
| Register of attendance at full governing board meetings | Date of the last meeting plus 6 years |
| Annual reports required by the DfE. | Date of current report plus 10 years |
| Records relating to complaints made to and investigated by the governing body or head teacher | Major complaints: current year plus 6 years. If negligence involved then: current year plus 15 years If child protection or safeguarding issues are involved then: current year plus 40 years |
| Records relating to terms of office of serving governors, including evidence of appointment | Date appointment ceases plus 6 years |
| Register of business interests | Date appointment ceases plus 6 years |
| Records relating to the training required and received by governors | Date appointment ceases plus 6 years |
| Records relating to the appointment of a clerk to the governing body | Date on which clerk appointment ceases plus 6 years |
|
Pupil Records |
|
| Child’s admission details | Date of admission plus 1 year |
| Admissions register | Date of entry in the register plus 3 years |
| Pupil Record | While the child attends the primary school |
| Attendance Registers | Date of entry plus 3 years |
| Correspondence relating to any absence (authorised or unauthorised) | Current academic year plus 2 years |
| SEND files, reviews & IE plans (inc. statements advice, information shared regarding educ.
needs) |
Date of birth of the pupil plus 31 years (Education, Health and Care Plan is valid until the individual reaches the age of 25 years – the retention period adds an additional 6 years from the end of the plan in line with the Limitation Act) |
| Allegations of sexual abuse | If any records relating to child protection issues are placed on the pupil file, it should be in a sealed envelope and then retained for the same period as the pupil file. Note: These records will be subject to any instruction given by IICSA
Information held in separate files: DOB of the child + 25 years then review This retention period was agreed in consultation with the Safeguarding Children Group on the understanding that the principal copy of this information will be found on the Local Authority Social Services Record Note: These records will be subject to any instruction given by IICSA |
| Child protection information | If any records relating to child protection issues are placed on the pupil file, it should be in a sealed envelope and then retained for the same period as the pupil file. Note: These records will be subject to any instruction given by IICSA
Information held in separate files: DOB of the child + 25 years then review This retention period was agreed in consultation with the Safeguarding Children Group on the understanding that the principal copy of this information will be found on the Local Authority Social Services Record Note: These records will be subject to any instruction given by IICSA |
| Records relating to any allegation of a child protection nature against a member of staff | Until the person’s normal retirement age or 10 years from the date of the allegation (whichever is the longer) then REVIEW. Note: allegations that are found to be malicious should be removed from personnel files. If found, they are to be kept on the file and a copy provided to the person concerned UNLESS the member of staff is part of any case which falls under the terms of reference of IICSA. If this is the case, then the file will need to be retained until IICSA enquiries are complete |
| Consents relating to school activities as part of GDPR compliance (eg, receive newsletters etc.) | While the child attends the school |
| Pupil’s work | Current year plus 1 year |
| Photographs of pupils | Current year plus 1 year |
| Parental consent forms for school trips where there has been no major incident | After trip risk assessment to be completed to assess whether the forms are likely to be required and if not they will be disposed of |
| Parental permission slips for school trips where there has been a major incident | Date of birth of the pupil involved in the incident plus 25 years The permission slips for all the pupils on the trip need to be retained to show that the rules had been followed for all pupils |
|
Other Records |
|
| Emails | Length of time differs according to contents of the email. |
| CCTV | 6 months |
| Privacy notices | Updated and replaced when required |
| Inventories of furniture and equipment | Current year plus 6 years |
| Contact data sheets | Current year then review if contact is no longer active then destroy |