SEND Files. Retention?

[Gongalong]

Hi folks,

 

How long are you keeping SEND files for students?

 

IRMS says dob + 25 years, although to keep any files a further 6 years if there is any legal action. Our SENCO things it's dob + 25 years + 6 years, but I think this has been confused with the + 6 years from legal action. Our county legal team have dob + 22 years in their model retention template.

 

Just to check if anyone is doing something different to dob + 25 years and what the reason for that is. Or equally, if you are also doing dob + 25 years?

Thanks

Edited September 9 by Gongalong

[BKGarry]

I am afraid I do not have access to IRMS but there is something in my head that says it is DOB +25 unless there is a Statement or EHCP and then it is DOB + 30

[Gongalong]

Thanks for the reply. IRMS essentially have dob + 25 for everything SEN related, including what they call a "statement", although an EHCP seems to have replaced that desciption since 2014.

[psydii]

IRMS (2020) advised DoB+31. The basis was the EHCP is (was?) valid until the individual reaches 25 years, and then there is  the +6yrs in line with the limitation Act. 

 

DfE  removed the bit about retaining SEND date last year.

From Updates - Data protection in schools - Guidance - GOV.UK:

 

Quote

16 September 2025

Record keeping and management

Removed the 'Special educational needs and disabilities (SEND)' row from the pupil records table. There are no specific statutory duties on retention related to SEND and all broader statutory duties still apply.

Both can still be true - there may be  no specific statutory duty, but between the final school needing to retain records in general until 25th birthday, and best practice to protect both parties in view of  the limitations act, 31 seems to remain the prudent choice.

 

 

However some safeguarding still needs to be kept potentially until a person's 75th birthday:

 

Data protection in schools - Record keeping and management - Guidance - GOV.UK

[Gongalong]

Hmm, that might also be where our SEN department got this 31 years. I've asked our county legal team, and they say that 25 years is fine (and sits in the middle-ish of their 22 and the old 31 year recommendation). Legal issues aside with the 6 year hold.