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The Children’s Homes Regulations 2001

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CHAPTER 3Records

Children’s case records

28.—(1) The registered person shall maintain in respect of each child who is accommodated in a children’s home a record in permanent form which—

(a)includes the information, documents and records specified in Schedule 3 relating to that child;

(b)is kept up to date; and

(c)is signed and dated by the author of each written entry.

(2) The record mentioned in paragraph (1) may not be disclosed to any person except in accordance with—

(a)any provision of, or made under, or by virtue of, a statute under which access to such records is authorised; or

(b)any court order authorising access to such records.

(3) The record mentioned in paragraph (1) shall be—

(a)kept securely in the children’s home so long as the child to whom it relates is accommodated there; and

(b)thereafter retained in a place of security,

for at least seventy-five years from the date of birth of the child to whom it relates or, if the child dies before attaining the age of 18, for a period of fifteen years from the date of his death.

Other records

29.—(1) The registered person shall maintain in the children’s home the records specified in Schedule 4 and ensure that they are kept up to date.

(2) The records referred to in paragraph (1) shall be retained for at least fifteen years from the date of the last entry, except for records of menus, which need be kept only for one year.

Notifiable events

30.—(1) If, in relation to a children’s home, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.

(2) The registered person shall without delay notify the parent of any child accommodated in the home of any significant incident affecting the child’s welfare unless to do so is not reasonably practicable or would place the child’s welfare at risk.

(3) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.

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