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Exception to the rule? - Accident Forms and school children
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MrsBlue  
#1 Posted : 17 December 2009 08:44:49(UTC)
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Guest
I have worked in Education for nearly 6 years and have just been told that all accident reports affecting pupils have to be kept until after there 18th birthday (or longer if the accident happended after the pupils 15th birthday).

This means that if one of my kids has an accident at the age of 8, for example, I have to keep the accident form for 10 years or longer if the pupil is younger.

Is this right?

Joe
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ahoskins  
#2 Posted : 17 December 2009 09:02:32(UTC)
Rank: Super forum user
ahoskins
This comes from the Limitation Act 1980.

The time limit for claims is three years from the date of the accident (or when someone becomes aware of an injury) but with children and young persons, the time doesn't begin until their 18th birthday. You therefore need to keep records until they reach the age of 21.

Only records of incidents which have the potential to result in a claim need to be kept.
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MrsBlue  
#3 Posted : 17 December 2009 11:05:00(UTC)
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Guest
Thanks for the info ahoskins.

Merry Xmas

Joe
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Canopener  
#4 Posted : 17 December 2009 19:44:15(UTC)
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Canopener
Yes, I think that the Limitations Act is the 'driver' for this. And spookily enough, we have been asked to comment on our data retention policy that has been drawn up across a number of LA's and other Public bodies and they are suggesting retaining childrens accident records until their 25th birthday. So much the same scenario and reason I suspect.
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rayh  
#5 Posted : 18 December 2009 10:17:48(UTC)
Rank: Forum user
Ray Hurst
Spot on ahoskins. This was brought home to me when my organisation was involved in the investigation of an an accident (in 1981 just after the introduction of the Limitation Act) where a child lost a hand in a D&T lesson accident at age 11. Strangely perhaps, and for whatever reason no claim was lodged until they reached 18. Although we did get prosecuted well before that.
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m  
#6 Posted : 18 December 2009 12:52:27(UTC)
Rank: Super forum user
m
If a child is taken to hospital, even if no treatment is administered, then it becomes reportable to RIDDOR as a 'not at work' incident. The RIDDOR report has to be kept for three years
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Zyggy  
#7 Posted : 18 December 2009 14:34:18(UTC)
Rank: Super forum user
Zyggy
m - not quite!
Two conditions have to be in place to make an injury reportable; one being that they are taken straight to hospital + the injury arose out of or in connection with a work activity.

As an example, two youngsters are running full pelt in the playground & collide, bumping heads, with plenty of supervision in place & taken to hospital "just in case" - is not reportable.

However, a child trips up on a pothole in the playground, sustains an injury & is then taken to hospital - is reportable.
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