The Arrangements to Look After Children (Scotland) Regulations 1996

Retention and confidentiality of records

12.—(1) A case record relating to a child who is placed by the local authority shall be retained by the authority until the seventy-fifth anniversary of the date of birth of the child to whom it relates or, if the child dies before attaining the age of 18 years, for a period of 25 years beginning with the date of his 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 such record in some other accessible form (such as by means of a computer).

(3) A local authority shall secure the safe-keeping of such case records and shall take all necessary steps to ensure that information contained in them is treated as confidential, subject only to–

(a) any provision of, or made under or by virtue of, a statute 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.