Type of record | Description of record and examples | Storage media | Retention and disposal | Legislation or regulations |
Property Purchase
|
Documents and records relating to the Council's purchase of property. May include pre-registration deeds, searches, enquiries before contract, contracts and correspondence.
|
Paper and electronic.
|
Retain until premises disposed of.
Review before disposal.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Sale of Property - Whole
|
Documents and records relating to the sale of whole of title and 'Right to Buy' (RTB) properties. May include pre-registration deeds, searches, enquiries before contract, contracts and correspondence.
|
Paper and electronic.
|
12 years.
Review before disposal.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Sale of Property - Part
|
Documents and records relating to the sale of part of title, except RTBs. May include pre-registration deeds, searches, enquiries before contract, contracts and correspondence.
|
Paper and electronic.
|
12 years after sale of part becomes sale of whole.
Review before disposal.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Compulsory Purchase Orders
|
Copies of orders made and related documentation. Vesting declarations (entered onto Deeds Register).
|
Paper and electronic.
|
6 years after completion of order.
Review before disposal.
Secure disposal.
|
Limitation Act 1980.
|
Transfer of Schools
|
Documents and records relating to transfer of schools to academies including Commercial Transfer Agreement and 125 year lease. May include pre-registration deeds and information about freehold title.
|
Paper and electronic.
|
6 years.
Review before disposal.
Secure disposal.
|
Limitation Act 1980.
|
Mortgages
|
Documents relating to the redemption of mortgages made by deed (under seal) or otherwise.
|
Paper and electronic.
|
Not under Seal - 6 years after redemption.
Under Seal - 12 years after redemption.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Deeds Register
|
Register containing details of all deeds and deed charges held by the Council.
|
Electronic.
|
Permanent record.
Information also place on Land Registry records.
|
|
Contracts - Under Seal
|
Documentation and final copy of contracts awarded 'Under Seal'.
|
Paper and electronic.
|
12 years from completion of works.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Contracts - Not Under Seal
|
Documentation and final copy of contracts awarded that are 'Not under Seal'.
|
Paper and electronic.
|
6 years from completion of works.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Agreements (Not Contracts)
|
Agreeing terms between organisations that are not included in, or do not form a contract.
|
Electronic.
|
Not under Seal - 6 years after termination of agreement.
Under Seal - 12 years after termination of agreement.
Secure disposal.
|
|
Section 38 Agreements
|
Documents relating to the bonds, surety or monetary deposit for highways provided by a developer that become maintainable at the public expense (formerly 'adopted highways').
|
Paper and electronic.
|
Legal files - 6 years.
Other files - up to 20 years.
|
Highways Act 1980.
|
Section 106 Agreements
|
Documents relating to planning obligations where a private agreement is made to make acceptable a development that would otherwise be unacceptable in planning terms.
|
Paper and electronic.
|
Legal files - 6 years.
Other files - up to 20 years.
|
Town & Country Planning Act 1990.
|
Grant of Easement and Wayleaves
|
Records for grant of easements e.g. right of access, or wayleave agreement e.g. permission to lay cables.
|
Paper and electronic.
|
Close of case + 6 years.
Review before disposal.
Secure disposal.
|
Limitation Act 1980.
|
Leases
|
Records for assignment, alterations, reviews, notices to quit and repossession.
|
Paper and electronic.
|
Not under Seal - 6 years from completion.
Under Seal - 12 years from completion.
Secure disposal.
|
Limitation Act 1980.
|
Company Formation
|
Company formation documents including application and registration at Companies House, details of director's.
|
Paper and electronic.
|
12 years.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Litigation Records
|
Records and documentation relating to managing, undertaking or defending for or against litigation on behalf of the local authority for Injunction proceedings; Injunctions under Town and Country Planning Act; Magistrates Court proceedings.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Prosecution Records
|
Records and documentation relating to the prosecution or sanction of an individual or organisation for failing to comply with their legal responsibilities. Including prosecutions on behalf of client departments, prosecution of breached or orders or the review of orders.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Education Related Matters
|
Records of legal involvement relating to non-school attendance, disputes, school or education contracts and general advice.
|
Paper and electronic.
|
6 years
Secure disposal.
|
Limitation Act 1980.
|
Claims Management
|
Records for the management and defence of claims made against the Council.
|
Paper and electronic.
|
LACHS - 15 years.
Adult claims - min 3 years and 4 months.
Child claims - min 21 years and 4 months.
Secure disposal for all.
|
Insurance Industry Requirement;
Limitations Act 1980.
|
Investigation, Inspection and Monitoring
|
Records for investigations, monitoring activity or inspection laws that are within the responsibility of the local authority.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Licensing Matters
|
Copies of licensing advice and appeals on behalf of the local authority.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Loans
|
Details of loan consents relating to loans made to others.
|
Electronic.
|
Date of last payment plus 12 years.
Secure disposal.
|
Limitation Act 1980.
|
Debt Recovery
|
Case files relating to debt recovery.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Court of Protection
|
Case files relating to court of protection.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Enforced Sale
|
Case files relating to enforced sale of property when recovering a registered land charge.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Section 22 Charges
|
Specific information relating to Section 22 charges application and redemption in relation to provision of social services.
|
Electronic.
|
6 years after redemption.
Review before disposal.
Secure disposal.
|
Limitations Act 1980;
Health and Social Services and Social Security Adjudications Act 1983.
|
Judicial Review Cases
|
All documentation relating to Judicial Review cases involving the Council.
|
Paper and electronic.
|
Close of case plus 6 years.
Secure and confidential disclosure.
|
Limitation Act 1980.
|
General Advice and
General Client Files
|
The process of providing legal advice on a point of law.
|
Paper and electronic.
|
6 years.
Secure disposal.
|
Limitation Act 1980.
|
Bylaws
|
The process of making, administration and enforcement of local laws.
|
Paper and electronic.
|
12 years.
Secure disposal.
|
Local Government Act 1972.
Limitation Act 1980.
|
Practice Management
|
Personnel Records (return to work/ home working/sickness/hospital visits).
|
Paper and electronic.
|
Until employee leaves, or no longer required for operational purposes.
Secure disposal.
|
|
Practice Management
|
Office procedures manual and policies, Lexcel accreditation documentation.
|
Paper and electronic.
|
Until becomes superseded or no longer effective.
Secure disposal.
|
|
Foster Parents
|
Foster parent records (legal files only) including personal details.
|
Paper and electronic.
|
Retain until approval terminated plus 10 years (legal files only).
|
Foster Placements (Children) Regulations 1991.
|
Social Services Private Law
|
Case files and information relating to :-
- S7 reports to Court
- S37 reports to Court
- Other disclosure to court
- Special Guardianship Order applications
- Child Arrangement Order applications
|
Paper and electronic.
|
All 6 years.
Secure disposal.
|
Where applicable:
Children Act 1989.
Adoption and Children Act 2002.
Mental Capacity Act 2005.
Human Rights Act 1998.
Limitation Act 1980.
|
Social Services Public Law
|
Case files and information relating to :-
- Emergency Protection Orders.
- Child Assistance Orders.
- Interim Care/Care Orders, including pre proceedings Public Law Outline work.
- Recovery Orders.
- Secure Accommodation Orders.
- Placement Orders.
- Adoption.
- Discharge of Care Orders.
- Revocations of Placement Orders.
- Revocations of Freeing Orders.
- Contact applications in respect of a child in care.
- 20 CA 1989 accommodations.
- Deprivations of Liberty (DoLs).
- Pre proceedings Child Protection processes.
- Disclosure applications to and from public law proceedings (e.g. to the police/other LAs).
- Wardship.
- Compliance with inter-jurisdictional recognition of orders (i.e. cross border recognition).
|
Paper and Electronic
|
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 100 years post adoption date.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 75 years from date of birth or 15 years from date of death.
- 6 years.
- 6 years.
- 75 years from date of birth or 15 years from date of death.
- 6 years.
ALL - Secure disposal after review.
|
Where applicable:
Children Act 1989.
Mental Capacity Act 2005.
Human Rights Act 1998.
Limitation Act 1980.
Adoption and Children Act 2002.
|