The Looked After Children (Scotland) Regulations 2009

Retention and confidentiality of records

43.—(1) A case record relating to a child who is placed by a local authority must be retained by that authority–

(a) until the 100th anniversary of the child’s date of birth;

(b) if the child dies before attaining the age of 18 years, for a period of 25 years beginning with the date of death.

(2) The requirements of paragraph (1) may be complied with either by retaining the original written record or a copy of it or by keeping all of the information from the record in some other accessible form (such as by means of a computer).

(3) Each local authority must secure the safe keeping of every case record and take all necessary steps to ensure that information contained in the case record is confidential subject only to–

(a) any provision of, or made under or by virtue of any enactment under which access to such records or information may be obtained or given;

(b) any court order under which access to such records or information may be obtained or given.