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