Retention schedule

On Thursday 12 March 2015 the Home Secretary established a statutory inquiry under the 2005 Inquiries Act with the aim of conducting an overarching national review of the extent to which institutions in England and Wales have discharged their duty of care to protect children against sexual abuse.

The Inquiry is independent of government. It is supported by a Panel, Victims and Survivors Consultative Panel, and other expert advisers. The Inquiry will cover England and Wales. A wide range of public institutions will be investigated including local authorities, the police, the armed forces, schools, hospitals, children’s homes, churches, and charities.

On 2nd July 2015 Justice Goddard wrote to John Henderson, as well as every Chief Executive of a Local Authority in England and Wales, requesting that the organisation:

‘Retain any and all documents; correspondence; notes; emails and all other information – however held – which contain or may contain content pertaining directly or indirectly to the sexual abuse of children or to child protection and care. For the purposes of this appendix, the word “children” relates to any person under the age of 18.’

We must not destroy, and must make available for inspection, all reports, reviews, briefings, minutes, notes and correspondence in relation to –

• Allegations (substantiated or not) of individuals, organisations, institutions, public bodies or otherwise who may have been involved in, or have knowledge of, child sexual abuse, or child sexual exploitation
• Allegations (substantiated or not) of individuals having engaged in sexual activity with, or having a sexual interest in, children
  institutional failures to protect children from sexual abuse or other exploitation
• Statutory responsibilities for the care of children in public or private care
• The development of policy on child protection
• The development of legislation on child protection
• The determination of the award of Honours to persons who are now demonstrated to have had a sexual interest in children or are suspected of having had such an interest.

All of these document types – in whatever format – must be “retained pending further requests from the Inquiry”

Although SCC records retention schedules are very clear on the destruction dates of files, the instructions received by the Inquiry constitute a legal hold as defined by section 12.3 of the code of practice issued under Section 46 of the Freedom of Information Act. As such all records that fall within the above categories are retained, and not destroyed, until we are directed otherwise.

For any advice on clarification on whether records can be destroyed or are covered by the Inquiry retention hold, consult the Information Governance Unit at infogov@staffordshire.gov.uk