Nursery World - Ask the expert (7)

Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q How long should childcare settings keep children's records? We have had conflicting advice and wonder if there is a definitive answer.

Q How long should childcare settings keep children's records? We have had conflicting advice and wonder if there is a definitive answer.

A Under daycare and childminding regulations, certain records must be kept for at least two years from the date of the entry. These include:

* daily attendance record

* record of accidents on the premises

* record of medication administered on the premises.

All other records must be kept for 'a reasonable time' after children have left the setting (National Standard 14). Also, in accordance with Data Protection Act principles, you should only keep this information as long as is 'necessary'. What is 'reasonable' and what is 'necessary'? The following special circumstances will need to be taken into account:

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