High Court/District Registry, County Court and Family Court

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HIGH COURT / DISTRICT REGISTRY, COUNTY COURT AND
FAMILY COURT
Record Retention and Disposition Schedule
Please note that not all of the records and systems referred to in this schedule will
be used by every County Court, Family Court or High Court / District Registry.
Even if entries in this schedule do not specify the format, type or medium in which
those records are held, the retention periods specified apply to those records,
whether they are held in manual or electronic form and in whatever format.
Ongoing complaints / Ombudsman investigations - Any files which relate to an
ongoing complaint or Ombudsman investigation should be removed from the filing
run and kept separately. It should be retained until the matter has been resolved.
Government Departments, Agencies, and all other public sector
bodies, are instructed to retain any and all documents;
correspondence; notes; e-mails and all other information –
however held – which contain or may contain content pertaining
directly or indirectly to the sexual abuse of children or to child
protection and care. For the purposes of this instruction, the
word “children” relates to any person under the age of 18.
SECTION A - High Court / District Registry records schedule
NO
DESCRIPTION
1.
Queen’s Bench files
2.
Chancery files
3.
Admiralty files
ACTION
Destroy 7 years after date of last paper.
Files of local or historical interest must be
retained for 30 years and then sent to the
local record office.
Destroy 7 years after date of last paper.
Files of local or historical interest must be
retained for 30 years and then sent to the
local record office.
Destroy 10 years after date of last paper.
Files of local or historical interest must be
retained for 30 years and then sent to the
local record office.
Destroy 15 years after date of last paper.
Files of local or historical interest must be
retained for 30 years and then sent to the
local record office.
4.
Companies (winding up) files*
5.
Divorce files***
6.
Termination of Civil Partnership
files***
7.
Children Act files*
(incl. Wardship and Guardianship of
minors files)
8.
Parental orders under s.30 of the
Human Fertilisation & Embryology
Act
Destroy 100 years after date of last order.
9.
District Registrar’s Cause List
Destroy 1 year after date of last entry.
10.
District Registry fee books
Destroy 7 years after date of last entry.
11.
Divorce fee books
Destroy 7 years after date of last entry.
12
Presumption of Death applications
Destroy file 3 years after date of final order
OBSOLETE RECORDS
District Registry cause books
District Registry index cards
Destroy 7 years after date of last entry.
Destroy 7 years after date of last entry
District Registry cash book
Destroy 7 years after date of last entry.
Divorce cause books
Destroy 100 years after date of last entry.
Divorce cause cards
Destroy 100 years after date of last entry
Children Act index cards
Destroy 18 years after date of last entry
Chancery minute books
Destroy 10 years after date of last entry.
Admiralty minute books
Destroy 10 years after date of last entry.
Destroy file 18 years after date of final order
or resolution of any subsequent complaint,
but at 18 year point strip out petition (and
any amended petition), decree nisi, decree
absolute and judicial separation orders and
retain these documents for a further 82
years, i.e. 100 years in total
Destroy file 18 years after date of final order
or resolution of any subsequent complaint,
but at 18 year point strip out petition (and
any amended petition) conditional order,
absolute and judicial separation orders and
retain these documents for a further 82
years, i.e. 100 years in total
Destroy 18 years after date of final order or
resolution of any subsequent complaint.
SECTION B - County Court records schedule
NO
DESCRIPTION
FILES
1. 1 Bankruptcy files*
2. 2 Partnership files*
3. 3 Files of dismissed Bankruptcy
petitions
ACTION
Destroy 20 years after the date of
adjudication
Destroy 20 years after the date of
adjudication
[To be treated as though individual
Bankruptcy file, for the purposes of
retention]
Destroy 2 years after date of last paper
4. 4 Files of withdrawn bankruptcy
petitions
5. 5 Companies (winding up) files*
Destroy 2 years after date of last paper
6. 6 Voluntary arrangement files
7. 7 Order to Attend for Questioning files
8. 8 Administration order files
Destroy 7 years after date of last paper
Destroy 2 years after date of last paper
Destroy 3 years after date paid, revoked or
discharged
Destroy 3 years after date of last paper
Destroy 3 years after date of last paper
9. 9 Attachment of earnings files
10. 1 Third Part Debt Order files
0
11. 1 Charging order files
1
12. 1 Files relating to trusts and other
2 equity proceedings
Destroy 15 years after date of last paper
Destroy 3 years after date of last paper
Destroy 6 years after date of last paper
13. 1 Claim files where hearing stands
3 adjourned generally
Destroy 3 years after date of order
14. 1 Judgment claim files other than
4 where the hearing stands adjourned
generally.
Destroy 2 years after date of last paper
15. 1 Claim files that are not under a
5 specific Act that go to trial or
arbitration.
Destroy 3 years after date of last paper
16. 1 Possession action files
6
17. 1 All other claim files
7
18. 1 Court Funds files
8
Destroy 3 years after date of last paper
Destroy 3 years after date of last paper
Destroy 2 years after closure
(N.B. A file that relates to money paid into
the Court Funds Office in respect of a child
or children is not to be considered closed
until the child or youngest named child
19. 1 Personal injury cases following an
9 award of provisional damages
20. 2 Landlord and tenant files
0
21. 2 Files created under Damages
1 (Variation of periodical payments)
order 2004
22. 2 Certificated Bailiff files
2
FINANCIAL
23. 2 Fee books in bankruptcy and
3 companies (winding up) proceedings
24. 2 Plaint fee books and sheets (book
4 G)
25. 2 Bailiff and office receipt books
5
26. 2 Payable orders schedules
6
27. 2 Carbon-receipt sheets
7
28. 2 Daily cash books
8
29. 2 Copy bank paying-in slips
9
30. 3 Monthly statements of balance and
0 related vouchers
identified in the order attains the age of 18
years and the money has been paid out. In
case of any query contact the Court Funds
Office (CFO) to ascertain the status of the
fund.)
Destroy 3 years after date of final award
(unless the claimant was a child - see
item 18 above)
Destroy 3 years after date of last paper
(ensure that ‘original’ lease is returned to
the parties either at the end of the final
hearing or is sent out with the final order)
To be retained for either:
 100 years form the date of creation of
the file; or
 until the claimants 100th birthday (if
known to the court); or
 until the length of time specified in the
Court order; or
 until the death of the claimant (if the
court is notified of this).
Destroy 3 years after date of last paper
(See guidance on returning bonds before
the file is destroyed).
Destroy 7 years after closure
Destroy 7 years after closure
Destroy 7 years after completion
Destroy 7 years after date of last entry
Destroy 7 years after completion
Destroy 7 years after closure
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
31. 3 Attachment of earnings fee books
1
32. 3 Suspense account books
2
33. 3 Bills of sale index
3
34. 3 Deeds of arrangement index
4
35. 3 Copies of bills of sale and deeds of
5 arrangement
Destroy 7 years after date of last entry
36. 3 Bailiff mileage records
6
37. 3 Bank reconciliation records
7
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
38. 3 Miscellaneous fee books
8
39. 3 Fee exemption/remission
9 applications (approved)
40. 4 Fee exemption/remission register
0
41. 4 Refund documentation (Refund
1 Authorisation forms)
42. 4 Record of AP1s
2
43. 4 General cash summary book
3
44. 4 Listing feed back (book h) - Hearing
4 fee book
45. 4 Government Procurement Card
5 (GPC) statements
CASEMAN REPORTS **
46. 4 Postal reconciliation reports
6
47. 4 Bailiff verification reports
7
48. 4 Pass-through verification reports
8
Destroy 7 years after date of last entry
49. 4 Counter verification reports
9
50. 5 Daily attachment of earnings fee
0 sheet reports
51. 5 Accumulative attachment of
1 earnings fee sheet reports
Destroy 7 years after date of last entry
52. 5 Daily warrant fee sheet reports
2
53. 5 Accumulated warrant fee sheet
3
reports
54. 5 Daily control sheets
4
55. 5 Summary of bailiff credit notes
5
56. 5 End of day reports
6
57. 5 Ad-hoc payout reports
7
58. 5 Amendment verification reports
8
59. 5 Resolve overpayment reports
9
60. 6 Court funds office reports
0
61. 6 Retention summary reports
1
62. 6 Pre-payout lists
2
63. 6 Payment summary reports
3
64. 6 Attachment of earnings authorisation
4 lists
Destroy 7 years after date of last entry
Destroy 2 years after the end of the relevant
financial year
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
Destroy 7 years after date of last entry
65. 6 End of accounting period reports
5
66. 6 CCBC reports
6
67. 6 Electronic transfer reports
7
68. 6 Unallocated warrant reports
8
69. 6 DMS reports
9
MISCELLANEOUS
70. 7 All records earlier than 1850 in date
0
71. 7 Registers of petitions and receiving
1 orders in bankruptcy
Destroy 7 years after date of last entry
72. 7 Circuit judges/ district judges
2 notebooks
Destroy after 5 years, but select 1 notebook
per judge and offer to local record office
after 30 years
Destroy 1 year after date of last entry
73. 7 All cause/hearing lists
3
74. 7 Taxing officer’s books (bankruptcy)
4
75. 7 Companies act registers (petitions
5 and winding-up files)
76. 7 Warrants of execution, possession
6 and delivery
77. 7 Orders of commitment
8
78. 7 Compensation (ex gratia) claims
9
79. 8 Other correspondence (other than
0 case related correspondence)
80. 8 Certificates of judgement
1
81. 8 Taxed bills of cost
2
82. 8 Statutory demands, applications to
3 set aside
83. 8 BMS returns
4
84. 8 Bailiff daily record sheets
5
85. 8 Outstanding warrant lists
6
86. 8 State of work returns
7
87. 8 Non-financial statistical information
9 (reports, returns and statements)
88. 9 Trial bundles
0
89. 9 Hearing tapes
1
90. 9 Hearing Digital Audio Recording
2 (DAR) - CD media, if Master audio
Destroy 3 years after date of last entry
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy 6 months after date of last entry
Offer to local record office
Offer to local record office after 30 years
Destroy 2 years after date of last entry
Destroy 15 years after the date of last entry
Destroy 2 years after date of warrant
Destroy 1 year after execution or dismissal
Destroy after 5 years (complaint files where
there has been no pay-out can be
destroyed after 3 years)
Destroy after 1 year
Destroy 2 years after date of certificate
Destroy 1 year after date of bill
Destroy 2 years after date on paper
Destroy 1 year after date of last entry
Destroy 2 years after date of last entry
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy if not collected by parties at end of
hearing or on a date agreed with the court
Re-use once after 3 years unless there is
judicial direction in a particular case, then
destroy in accordance with MoJ guidance.
Destroy after 3 years in accordance with
MoJ guidance unless there is judicial
file is not stored on the DARTS
Server
91. 9 Hearing Digital Hearing Audio
3 Recording (DAR) where Master
audio file is stored on the DARTS
Server
direction in a particular case
92. 9 Hearing Tape/ Hearing Digital
4 Hearing Audio Recording (DAR) logs
Destroy once tape / DAR to which it refers
is either re-used or erased
93. 9 Warrant requests
5
94. 9 Copy T&S claim forms sent to CSL
6
95. 9 CSL transaction report
7
96. 9 Critical logs for signing keys in and
8 out
97. 9 Performance DATA quality checks
9 and quality returns
OBSOLETE RECORDS (Including
records shortly to become
obsolete)
Administration order record cards
Destroy 2 years after date of request
Automatically destroyed after 7 years
unless there is judicial direction in a
particular case
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy 1 year after date of last entry
Destroy 3 years after last entry
Execution and commitment books
(books K, home and foreign)
Destroy 3 years after completion
Attachment of earnings index cards
Destroy 3 years after date of last entry
Foreign summons books
Destroy 2 years after date of last entry
Debtor and creditor cash books and
sheets
Court record cards
Destroy 3 years after completion
N318s from foreign courts
Destroy after 3 years date on form
Bills of costs record books
Destroy 3 years after date of last entry
Destroy 6 years after last entry
SECTION C - Family Court records schedule
NO
1
DESCRIPTION
Divorce, judicial separation and
nullity files
ACTION
Destroy file 18 years after date of final order
or resolution of any subsequent complaint,
but at 18 year point strip out petition (and any
amended petition), decree nisi, decree
absolute and judicial separation orders and
retain these documents for a further 82 years,
i.e. 100 years in total
2
Divorce index cards
Do not destroy unless digitised. If digitised
destroy 25 years after date of last entry.
3
Termination of Civil Partnership
files***
4
7
Parental orders under s.30 of the
Human Fertilisation & Embryology
Act
Adoption files (including Minute
Books)
Placement files (where kept
separately to the Adoption file)
Family law act files
Destroy file 18 years after date of final order
or resolution of any subsequent complaint,
but at 18 year point strip out petition (and any
amended petition), conditional order, absolute
and judicial separation orders and retain
these documents for a further 82 years, i.e.
100 years in total
Destroy 100 years after date of last order.
8
Children Act files
Destroy 18 years after date of final order or
resolution of any subsequent complaint.
9
Files of proceedings under specified
Acts [unless specifically referred to
elsewhere in this schedule]
Destroy 3 years after date of final order or
resolution of any subsequent complaint.
Subject to the local record office not seeking
to retain them by virtue of Section 3(6) of the
Public Records Act 1958.
5
6
For example:
Inheritance [Provision For Family &
Dependants] Act
Matrimonial Causes Act
Destroy 100 years after date of last paper
Destroy 18 years after date of final order or
resolution of any subsequent complaint.
Destroy 3 years after date of final order or
resolution of any subsequent complaint.
Files of local or historical interest as selected
by the Local Archivist must be retained for 30
years and then sent to the local record office.
10
Married Woman’s Property Act
Court Registers whether held
electronically or in paper
11
Unverified Court Registers
Destroy 1 year after date of last entry
12
13
Court Split / Diary pages
Declaration of Parentage Orders
Destroy 1 year after date of last entry
Destroy when child reaches 25 years of age
Permanent preservation.
To be transferred to the local record office no
later than 30 years after their creation by
virtue of Section 3(4) of the Public Records
Act 1958.
Subject to agreement between individual
magistrates’ courts and their local record
office, these registers may be microfilmed to
the standards described in British Standards
BS1153: 1992 and BS 6498:1991 not earlier
than two years after the date of the last entry,
following which the original paper documents
should then be appropriately destroyed.
NOTE: When transferred to record offices
they remain closed (i.e. not accessible to the
public) until 100 years old in accordance with
Data Protection and Rehabilitation of
Offenders legislation.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and where still appropriate, Affiliation
Orders (the latter obsolete after
1989).
Maintenance files (including REMO,
UKME and Child Support Agency
cases)
Destroy 3 years after cessation of final order
(NB: If the cessation date of a REMO order is
unclear then ask the OSPT REMO unit to
contact the relevant national authority).
List of Transactions (Maintenance)
Keep for duration of order and destroy 3
years after cessation.
Write-off List (Maintenance)
Destroy 6 years after date of last entry
Variations List (Maintenance)
Destroy 3 years after date of last entry
Amendments List (Maintenance)
Destroy 3 years after date of last entry
Transfer Register (Maintenance)
Retain for 25 years then local record office to
assess retention by virtue of Section 3(6) of
the Public Records Act 1958
NOTE: When transferred to record offices
they remain closed (i.e. not accessible to the
public) until 100 years old in accordance with
Data Protection and Rehabilitation of
Offenders legislation
FINANCIAL RECORDS – MAINTENANCE PAYMENTS
Suspense List
Destroy after 6 years
Cancelled Cheques: i.e. those
returned to and retained by the court
and replacement cheques issued to
the same or a new payee
Dishonoured Cheques List
Cash List (Reports of payments in)
Till Receipts
Paying-in Books
Bank Statements
Presented Cheques List
Cheques Printed List
Un-presented Cheques List
Bank List
OBSOLETE RECORDS
Guardianship papers (obsolete after
1989).
Files of proceedings under (obsolete
after 2011):




Law Of Property Act
Matrimonial Causes Rules
Matrimonial Homes Act
Matrimonial Proceedings
[Magistrates Court] Act
Decree of presumption of death /
dissolution (obsolete after 2014)
Destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Where kept separately destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Destroy after 6 years
Destroy when child reaches 25 years of age
Destroy 3 years after date of final order or
resolution of any subsequent complaint.
Subject to the local record office not seeking
to retain them by virtue of Section 3(6) of the
Public Records Act 1958.
Destroy 18 years after cessation of order
*Please note that these files can be sent to outside storage after 7 years. For details
consult the Records Management Services Handbook
** CASEMAN and FAMILYMAN case files are not archived. All cases created remain on
the system for future reference.
*** Files being sent to long-term storage must have decree nisi & absolute or conditional
orders absolute stripped-out by the Court before the file is sent, or the files will not be
accepted for such storage.
N.B. Files which have less than three years to run, before the date they are due for
destruction will NOT be accepted for retention in outside storage.
This schedule takes account of any electronic documents whose creation was discussed
in its preparation. These documents are either printed out and copies placed on
registered paper files or held as electronic records and noted in this schedule. Please
inform RMS when any new electronic documents or systems are introduced into the
operations of the High Court/District Registry, County Court and Family Court .
The MoJ Departmental Record Officer has drawn up this schedule in consultation with
Civil & Family Operations team. Please retain for future reference.
Departmental Records Officer
Records Management Services
Ministry of Justice
1st Floor, 102 Petty France
London
SW1H 9AJ
Amended January 2016
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