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Posted By Ian Bennett
If a child has an accident i.e in a leisure centre. Is thare any obligation to keep records for longer than 3 years. Or would the records be only for insurance reasons.
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Posted By Tabs
Why destroy records?
The child (or their guardian) have three years to claim - from the time that they are aware of the damage. In some exceptional cases this has been extended.
If the child was to claim at say three years six months, and you have just destroyed your records, how do you contest that they have missed their opportunity? (They have a "witness" who agrees it was just under three years).
The judge will look at whether the accident happened and a balance of probability ... and you may be caught out.
I am hoping that you don't have so many accidents that storage space has become an issue - but if it has, scan them onto discs.
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Posted By Rachael Palmer
Not 100% certain about legal requirement to keep records longer than 3 years. However if the injured child's parent or guardian doesn't make a civil claim on their behalf then the child can start proceedings themselves at the age of 18. It is my understanding that the clock starts ticking for the three year countdown on lodging the claim on their 18th birthday hence the need to keep documents until they're 21. Different ball game again if it involves asbestos exposure.
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Posted By Tabs
Thanks Rachel.
I Googled that and found several references to that fact, but I just checked the The Limitation Act 1980 itself and could not find reference to children ...
I did find a reference to medical negligence and a baby being born with a disability caused by negligence, having three years after their 18th birthday.
Can you point me to where it applies to general accidents? I would like to get my mind straight on this one. Thanks.
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Posted By Bob Youel
Rachael is correct; although it can be 21yrs old [in certain circumstances] and then 3 years thereafter
Whilst a guardian etc may claim it is the primary 'right' of the injured person themselves to make a claim and they can only make a self claim when they are an adult e.g. 18/21!
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Posted By Tabs
Can you quote the law and the section? I would like to commit it to memory, thanks.
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Posted By Ian Bennett
Thanks to you all for your investigative skills particularly Rachael. I have found the wording under section 11 of the Act.
The reason for the question is that we are looking at reporting systems and wanted to know how long I should keep information on our old system after the original account is closed, if the data is not transferable.
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Posted By Bob Shillabeer
Who is the owner of this centre, is it the local authority? If so an accident report willbe needed by the authority who would be responsible for investigating and maintaining the report. If the centre is a privately run thing the management willneed to do it.
The advise youhave to keepthe report is quite right. The law is the plaintive has three years to claim unless this is extended by the courts. But, keep it for much longer just in case.
We keep our records for ever (thankfully not many staff) but check what your process requires.
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Rank: Guest
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Posted By Tabs
"I have found the wording under section 11 of the Act. "
Help ... am I going blind or something? I look at section 11 and see nothing about children and becoming 18. Are you looking at the Limitation Act 1980 Chapter 58 ?
Maybe I need to get to Specsavers?
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