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Claiming as an adult

Discussion in 'Question & Answers' started by badgemad4, Dec 21, 2017.

  1. badgemad4

    badgemad4 Veteran (100+ posts)

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    I remember being told/reading a few years ago that we had to keep records until a person turned 21 as there is a period between their 18th and 21st Birthday that they can claim/request information about incidents that happened to them as a legal minor. Can anyone shed some light on this please as Google isn’t throwing anything useful up!
     
  2. Willow

    Willow Veteran (100+ posts)

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    According to this page: Data protection we should keep a health form for three years if treatment has been given.

    However... I have heard the same as you at some point, and after searching, the Pre-School Learning Alliance recommendations (which seem to be in a few places around the internet) are that three years is a requirement, but they recommend keeping records until the child is 21 (or 24 for child protection records) because of this claim period. NB this is NOT advice from Girlguiding!
     
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  3. browniebeth

    browniebeth Brownie Leader Staff Member Moderator GuiderPlus

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    In some cases, children have a 7 year window to claim once they turn 18. It's standard recommended guidance for schools to keep certain parts of pupil records until the person is 25.

    I assume there's a similar retention on accident forms once they are sent to HQ, but that's their problem, so I don't know!
     
  4. badgemad4

    badgemad4 Veteran (100+ posts)

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    Thank you all.

    I’ve since tried a couple of different search terms and apparently there is a law (Limitation Act 1980) that puts a limit of three years since an incident to put in a claim. However in light of that a legal guardian for a legal minor might make a decision that they disagree with, the three year period starts from eighteen rather than the date of the incident. BUT there seem to be lots of exemptions and adjustments for different senarios.

    Limitation Act 1980

    Guiding have also created a general data retention chart: https://www.girlguiding.org.uk/glob...stration/dp_appendix_4_retention_schedule.pdf

    I’m fortunately not looking because of the an incident in Guiding, but after a discussion with a work colleague about something that happened to her sister, which reminded me to look into it.
     
  5. Quack

    Quack Veteran (100+ posts) Staff Member Moderator GuiderPlus

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    I think we need to be careful with the new data protection rules that will be coming in...but also have faith in GG policy which if followed takes the onus off the individual leader or unit to retain records but more serious incidents have them retained at HQ.

    Sent from my E5823 using Tapatalk
     
  6. Kochanski

    Kochanski Veteran (100+ posts)

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    My latest Safe Space (or was it First Response?) training said people may claim at any time so we need to keep the paperwork for life.
     
  7. browniebeth

    browniebeth Brownie Leader Staff Member Moderator GuiderPlus

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    That's nonsensical, Kochanski!
    There are actually established retention periods to stop places hoarding information indefinitely. It's a concern if people are doing training and distributing that sort of info....
     
  8. Kochanski

    Kochanski Veteran (100+ posts)

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    That's nonsensical, Kochanski!


    It might be, but it's what we were told. Which means it's what the trainer has been instructed to say. Which means someone training the trainers believed it. Which means, the different advice is spreading all over the country.
     
  9. Quack

    Quack Veteran (100+ posts) Staff Member Moderator GuiderPlus

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    I think this is something to clarify with HQ. Especially if particular trainers are passing on information which is contrary to GG policy.
    Information may need to be kept but not by an individual leader...what happens when that leader retires, moves etc...the onus is on the association not an individual.

    Sent from my E5823 using Tapatalk
     
  10. Elizabeth Helen

    Elizabeth Helen (Newbie)

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    If a guide was injured during guides, then once they turn 18 they have 3 years in which to make a new claim on a historical accident.
     

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