The Fostering of Children (Scotland) Regulations 1996

Retention and confidentiality of records

19.—(1) The record for a foster carer or other person compiled under regulation 18, is to be retained for at least 10 years from the date on which his approval is terminated, or until his death if earlier.

(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 the information from the record in some other accessible form (such as by means of a computer).

(3) The local authority responsible for the maintenance of any record under regulation 18 are to secure its safe keeping and to take all necessary steps to ensure that the information which it contains is treated as confidential subject only to–

(a) any provision in under or by virtue of a statute under which access to such record or information may be obtained or should be granted;

(b) any court order under which access to such record or information may be obtained or given.