How long to keep nursery records: a retention schedule
The EYFS says records about individual children must be kept for “a reasonable period of time” after they leave, and leaves the length to you (paragraph 3.98 of the group framework). UK GDPR then says you must not keep personal data for longer than you need it. Between the two, every setting needs a written retention schedule: what you keep, for how long, and why.
The periods below are the ones most nurseries and childminders in England use, taken from the Early Years Alliance’s retention guidance and the laws it cites. They are sector guidance, not a single legal list, so where your insurer, local authority or solicitor advises longer, follow them and write down why.
Children’s records
| Record | Keep for | Why |
|---|---|---|
| Register (attendance, absence reasons, key person) | At least 3 years after the child leaves | EYFS “reasonable period”; Early Years Alliance |
| Absence follow-up calls | As the register | Part of the attendance record |
| Accident and incident reports | Until the child is 21, often 22 | Limitation Act 1980: injury claims up to 3 years after 18 |
| Medicine consents and dose records | As accident reports | A medicine given is evidence in the same kind of claim |
| Safeguarding and child protection records | Until the child is 25 | Early Years Alliance; longer for looked-after children |
| Sleep checks | At least 3 years after the child leaves | As the register |
| Photo consent, and changes to it | At least 3 years after the child leaves | Shows what you were allowed to do with each photo |
| Progress check at age two | At least 3 years after the child leaves | The family holds its own copy |
| Records about special educational needs | Ask your local authority | The plan and its evidence usually move on with the child |
| Learning journals, photos, observations | Give to the family when the child leaves | Not records you need to keep |
When a child has no date of birth on file, a period counted to a birthday cannot be worked out. Count from the day they left instead, using the longest period that applies.
Staff records
| Record | Keep for | Why |
|---|---|---|
| Personnel files, training, supervision and disciplinary records | 6 years after employment ends | CIPD recommendation |
| Unsuccessful applicants | 6 months to a year | CIPD recommendation |
| DBS certificates | No longer than needed, generally up to 6 months | DBS code of practice |
| DBS details (number, issue date, who checked) | With the personnel file | Shows your safer recruitment |
| Paediatric first aid certificates | With the personnel file | EYFS ratio and mealtime rules depend on them |
| Staff accident records | 3 years from the entry | Social Security (Claims and Payments) Regulations 1979 |
Money and running the setting
| Record | Keep for | Why |
|---|---|---|
| Wages, salaries and expenses | 6 years | Taxes Management Act 1970 |
| Invoices and credit notes to parents | 6 years | HMRC; ask your accountant for your company type |
| Funding claims and parental declarations | As your local authority’s funding agreement says | Usually checked in audits |
| Complaints and their outcomes | At least 3 years | EYFS requires a written record available to Ofsted |
| Risk assessments | At least 3 years | Injury claims can be brought for 3 years |
| Insurance policies | Permanently | Claims can arrive decades later |
Deleting records on time
Storage limitation is as much a rule as keeping records is. The ICO expects you to be able to say why you hold each piece of personal data, and to delete or anonymise it when that reason ends.
- Set the date when the record is made, not when you tidy up. A child’s leaving date and date of birth are enough to work out every period above.
- Delete each kind of record on its own date. Keeping everything until the longest period runs out, because one record in the file needs it, keeps a register four times longer than it needs to be.
- Keep the child’s name and date of birth while any record is kept. An accident report that cannot be matched to a child is no use to anyone, including the child.
- Handle requests to delete. A parent can ask you to erase their data. Keepsake material usually goes. Records kept to meet a legal duty are exempt from erasure while that duty lasts, and you should tell the parent which ones and why.
- Destroy paper securely. Cross-cut shredding or a confidential waste service, with a note of what went and when.
Closing or selling the setting
The duty to keep records survives the business. Before you close, decide where every record will be kept for the rest of its period, who can reach it if Ofsted, a solicitor or a former family asks, and how it will be destroyed when the time comes. If the setting is sold, agree in writing which records go to the new owner.
Where Coat Peg fits
Coat Peg keeps each statutory record on its own clock and deletes it on its date: accident and medicine records until the child’s 22nd birthday, safeguarding records until their 25th, and the register, sleep checks, photo consent history and the two-year progress check for 3 years after the child leaves. Issued invoices are kept for 6 years. Photos, posts and care logs go 12 months after a child leaves. While any statutory record is kept, the child’s name and date of birth stay with it and nothing else does. When a parent deletes their account, the child’s records stay with the nursery, because they are the nursery’s to keep.
Questions we get asked
How long must a nursery keep the register?
The EYFS says a reasonable period after the child leaves. The Early Years Alliance recommends at least three years, which covers any question likely to come up while the family is still close to the setting.
Why are accident records kept until the child is 21 or older?
Under the Limitation Act 1980 the three years a person has to bring a personal injury claim only start on their 18th birthday. A record kept to the 21st birthday covers that, and many settings add a year's margin.
Can a parent ask us to delete their child's records?
They can ask, and keepsake material such as photos and observations should usually go. Records you keep to meet a legal obligation, such as accident reports and the register, are exempt from the right to erasure while that reason applies.
Do we keep a copy of staff DBS certificates?
No longer than you need to make the recruitment decision, generally up to six months. Keep a record of the certificate number, the date it was issued and who checked it.
What happens to records if the nursery closes?
The duty to keep them does not end when you stop trading. Arrange secure storage for the rest of each record's period before you close, and tell Ofsted where they are if asked.
Sources
- Early years foundation stage statutory framework for group and school-based providers, from 1 September 2026 (DfE)
- Retention periods for records (Early Years Alliance, via Oxfordshire County Council)
- Principle (e): Storage limitation (ICO)
This guide is for early years settings in England and reflects the sources above as of 26 October 2026. It is practical guidance, not legal advice: where it and the statutory framework differ, the framework wins. Spotted something out of date? Tell us at hello@coatpeg.co.uk.